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MINUTES OF THE <br />ORONO CITY COUNCIL MEETING <br />Monday, December 11, 2006 <br />7:00 o'clock p.m. <br />(13. #06 -3245 SHARRA TTIMANEY FOR LAURENCE AND ARDELL JONES, 3605 NORTH <br />SHORE DRIVE, Continued) <br />Maney stated the RV area would also be removed. <br />Murphy inquired whether the applicants would be better served by tabling the application or by making a <br />motion directing Staff to review the roadway situation in this neighborhood. <br />Gaffron stated it is unlikely the fire marshal was consulted on the Sundby application since they were <br />merely replacing something that existed. <br />Sansevere noted this application was filed with the City in October and that at times the City has <br />applications that take longer than a few months to approve. <br />Maney noted they have been working with Staff since this summer. <br />Sansevere amended his motion to table Application #06 -3245 to also direct Staff to review the <br />roadway situation in this neighborhood. Murphy seconded the motion. VOTE: Ayes 5, Nays 0. <br />14. #06 -3248 JOHN HOLLANDER, 200 HOLLANDER ROAD — VARIANCE — DENIAL <br />RESOLUTION NO. 5555 <br />John Hollander, Applicant, was present. <br />Turner stated the applicant is requesting a fence height variance to allow the existing fence to be <br />increased to 56 inches high when the maximum is 42 inches. This would be the same height as the fence <br />was when it was first constructed. If the fence is located within the setback area, the fence can be no <br />higher than 42 inches tall. <br />The Planning Commission voted 4 to 0 to recommend denial of the fence height variance as detrimental <br />to public safety and as not within the parameters found in City Ordinance Section 78 -123. <br />Hollander stated the fence was erected three years ago and was approved by a person under the authority <br />of Lyle Oman. <br />Mayor Peterson inquired whether this City has ever approved this fence at 56 inches. <br />Gaffron stated he personally does not know the answer to that, noting that the City does not require <br />permits for fences. <br />Turner stated Staff has found no record approving the fence. <br />Sansevere noted any fence that exceeded 42 inches would require a variance and Staff is not able'to waive <br />a variance. <br />0 <br />• <br />Hollander stated the fence was erected for privacy and that he has found a large number of golf balls on, <br />his property prior to the fence being put up. Since that time he has not found very many golf balls and he • <br />has not experienced any attempted break -ins. Hollander stated he is not sure the Planning Commission <br />understood the legal definition of privacy. Hollander read the definition of privacy found in Barron's <br />PAGE 10 of 17 <br />