11-14-2005 Council Minutes - Laserfiche WebLink

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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 14, 2005 7:00 o'clock p.m. (Gate Height Appeal, Continued) McMillan stated it was an application to appeal an existing code interpretation. Barrett stated it was his recollection that the Council thought it was good to spend some time discussing height of gates as apolicy matter, but at the time the application originally came before the Council, there was no reference to gate height in the City's ordinances. White commented the Council also wanted information on whether the gates could be modified. Peterson noted they were also unaware that there Gundlach pointed out the City's ordinance does Murphy inquired whether the Council should a] height restrictions in the current city ordinance. two gates involved. address the number of gates that would be allowed. the application since there is no reference to gate Barrett stated the City should accept the appeal since it is a reasonable request and that the current city ordinance does not contain any restrictions on gate height. •Sansevere inquired whether the property owner re 'ewed the City's ordinances prior to ordering the gates. Zisla stated he does not know whether the owner reviewed the ordinances prior to ordering the gates. Zisla indicated he is in agreement with the City Attorney. Barrett noted if the height of the gate is changed after the appeal is granted, it would require a variance and that the law covering this application is the law in existence at the time the application was submitted. i{ McMillan moved, Murphy seconded, to grant the appeal and to allow the construction of the gates as requested in the building permit application for the property located at 1535 Bohn's Point Road, with the understanding that this appeal should not impede the City's soon to be adopted gate ordinance. VOTE: Ayes 5, Nays 0. -,fl MAYOR/COUNCIL REPORT Sansevere stated he would like to receive regular updates from City Staff on complaints by the citizens. Sansevere noted he was totally unaware of the situation being experienced by the Andersons and that it would have been helpful to be informed about it prior to tonight's meeting. • i Sansevere requested that the City Administrator assist the Mayor in the drafting of the letter to the CEO of the insurance company regarding this matter. Sansevere stated if the City does not receive satisfaction • from their insurance company on this matter, that the City should consider changing companies. 9