02-14-2005 Council Minutes - Laserfiche WebLink

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• 1 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 14, 2005 7:00 o'clock p.m. ( #04 -3052 Eric Vogstrom, Continued) Murphy noted the agreement requires the deposit to be held by the City until June 30, 2006, and suggested that the City retain the performance deposit until June 30, 2008, to ensure that the vegetation will survive. Peterson stated she does have an issue with Item 6 in Exhibit E regarding an annual inspection by the City of Orono. Peterson indicated she would prefer to have a semi - annual inspection. Vogstrom indicated he is fine with increasing the frequency of the inspections. Gaffron stated once the trees reach six inches in diameter, the City typically no longer inspects them. Barrett recommended Paragraph 11 in Exhibit E bel amended to read that this agreement may be filed against the property, and applies to the Vogstroms, their heirs, and successors of the land. Barrett recommended adding Paragraph 12, which would state that the parties agree to disclose that the agreement is enforceable by injunctive relief through legal remedies that may be available, and that the signature section on Exhibit E be amended to include the Vogstroms, their heirs, or successors. Barrett indicated that language would notify future property owners that this agreement would be enforced against them. • Essen stated he has no objections to the variance for hardcover and that he is m support of a new residence being constructed on this lot. Essen stated approximately one foot off of his property line is located a 36 inch oak tree. Essen expressed concern that that oak tree would be killed if the house is constructed in the proposed location. Essen indicated he would be in support of moving the house five feet to the north, which would give the tree an additional five feet of root space and possibly enhance the life of that tree. Gaffron stated he did speak with the applicant on this issue and that the view from the street would not be negatively impacted if the residence were moved five feet to the north. Gaffron stated he is unsure what would happen to the access road in the future and that from a long -term standpoint he is unable to support relocating the house five feet further to the north and granting the variance. Vogstrom inquired whether Gaffron thought that the public access way is heavily wooded. Gaffron stated in his view the right -of -way is not heavily wooded towards the street but is more heavily wooded towards the lake. Vogstrom noted in order to provide public access to the lake, a large number of trees would need to be removed as well as filling in of wetlands. (Council Member Sansevere returns). Gaffron stated in his view a hardship does not exist to grant the variance. PAGE 5