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MINUTES OF THE <br /> ORONO CITY COUNCIL MEETING <br /> Monday, September 14, 2009 <br /> 7:00 o'clock p.m. <br /> #09-3427 ALONZO AND RENEE SERAN, 4099 HIGHWOOD ROAD—PUBLIC HE�It�NG, <br /> Con 'iued) �,,�' <br /> r�3.� <br /> Seran aske whether he would be able to obtain his building permit even if the neighbar t�es not sign the <br /> agreement. n noted the neighbor did not adhere to his approved grading and drai ge plan and that <br /> he does not unde nd why it is now their responsibility to convince the neighbor�,t�S`sign the agreement. <br /> � <br /> Mattick noted the Serans e the ones requesting the change from the app��plan by requesting a <br /> 5-foot easement rather than 0-foot easement. ,- <br /> �� J ,. <br /> Curtis stated the plan that was subm"'1d�ed by the Serans' attorney ��icts the s��ale located on both <br /> properties and that the original survey d�icted the swale total�on the Serans' property. <br /> �� <br /> , <br /> Mr. Seran asked what he is required to do to o� in a bujlding permit. <br /> r''K <br /> Mattick stated if the Serans are able to construct a,,5'°� opt swale located entirely on their property that is <br /> approved by the City Engineer,they are free to,.�''o that. 'I'�e neighbor expressed a concern about a pipe <br /> going in the swale and he was assured that tl�re would be no��ipe and that the swale would be grass <br /> rather than gravel. Mattick noted the neig,ki'bor did not indicate�h�would sign the easement. <br /> ,��� �`,. <br /> Mayor White closed the public hearii�g at 7:23 p.m. ��` <br /> Bremer moved,McMillan s�conded,to adopt RESOLUTION NO. �862,'a,Resolution Granting <br /> Variances to Municipal7,�oning Code Sections 78-330, 78-1288 and 1404 and�tevising Resolution <br /> No.3537, subject to tt���easement being signed by the Serans and a letter in favbr of the work being <br /> signed by the adjo��ng property owner. <br /> �, .,,,,� <br /> Mr. Seran ask��vhether any changes are required to the easement document. � <br /> � � <br /> Mattick � dicated there are not. � <br /> V E: Aves 4, �'ays l,Murphy Opposed. <br /> 7. JOHi�' BROOKS, 90� FERNDALE ROAD WEST—FE�'CE IN RIGHT-OF-WAY <br /> John Brooks,Applicant, was present, along with Bob Near, Architect. <br /> Curtis stated at the property located at 905 Ferndale Road West there is a 4-foot split rail fence located in <br /> the right-of-way along the property appro�:imately four feet off of the paved surface of Ferndale Road. <br /> The property owners wish to replace the existing fence with an 8 feet high fence located 10 feet off of the <br /> paved surface of the road still in the right-of-way. The proposed fence would consist of steel fence posts <br /> located every 8 feet and 11 concrete/stone pillars located at strategic points along the fence. <br /> The existing wooden fence could be reconstructed in-kind in its current location under state statute. The <br /> property owner, however, would like to improve on the setback of the fence with the new fence and <br /> increase the height of the fence from 4 feet to 8 feet. Using a more permanent monument and fence post <br /> is inconsistent with an in-kind construction and poses considerably more liability than an all wooden <br /> structure. <br /> __-------------------------------------__...--_._..� Page 4 of 8 --- -----__----------------.. <br />