Notice of council action - variance request-2009

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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 14, 2009 7:00 o'clock p.m. (7. JOHN BRDOIiS, 905 FERNDALE ROAD WEST—FENCE IN RIGHT-OF-WA Y, Continued) MnDOT does not provide guidance on roadways with speeds under 40 miles per hour. Femdale Road West is a 30 mile per hour roadway. An interpretation of MnDOT's clear zone requirements could require the clear zone to be as much as 15 feet from the pavement depending on the amount of traffic, ditch slope, and road curvature. Public Works has indicated that a clear zone of 10 feet would be necessary for snow storage purposes but this does not address additional clear zone safety requirements. Normally the City would require an encroachment agreement to allow a structure in the right-of-way. Such an agreement would be appropriate in this situation if the Council approves a fence in the right-of- way. Other factors that the Council may wish to consider include the location of the fence near a wetland and lake views being impeded by travelers along Ferndale Road West. Murphy noted he did visit the site and that this situation is challenging given the topography. The new fence is attractive but that given the topography, a number of very mature trees would need to be removed, which is an issue. Another issue is the 8-foot height of the proposed fence and the different setback. Brooks indicated the design of the fence is preliminary and is too costly and too much for the site. Brooks stated he decided rather than redesign the fence,he would approach the Council to see what type of fence would be allowed and whether the setback could be changed. Brooks distributed pictures to the Council depicting different fences located on approximately 11 properties as well as his current fence. The Council reviewed the pictures. Murphy con-miented he would like to see the fence inzproved. Near indicated he did discuss with Planner Curtis what would be allowed on this properly and that fhese are preliminary plans for the fence. Brooks stated he would like part of the plan to also include a gate or a way to provide security to the main driveway as well as the driveway to the boathouse. White recommended the gate be far enough back to allow for parking. Bremer commented she also would like to see the current fence improved and that she is in favor of the 10-foot setback suggested by the Public Works Department. Mattick stated there are two concerns Mr. Brooks should take into consideration, and one is the recovery area and potential damage if a vehicle goes off the road. The second concern is that if the fence is located in the right-of-way and work needs to be done within the right-of-way, Mr. Brooks would be required to move the fence at his own expense. McMillan asked whether having a monument located in the right-of-way would be precedent setting. Mattick indicated if the Council does allow 10 feet, it likely would become the standard. _........_._..._.--------._...__ ----..----__ ------ ----..._.__..._.. --- Page 5 of 8