01-26-1998 Council Minutes - Laserfiche WebLink

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MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON JANUARY 26, 1998 ( #10) #2322 STEVEN N. FILIPS, 2570 THOROUGHBRED LANE - VARIANCE - • RESOLUTION NO. 4025 Mrs. Filips was present. Gaffron reported that the request is for a temporary variance for a 6' privacy fence along Watertown Road. The property is directly opposite Trufl=ula Trail resulting in glare from headlights being received in the residence. He noted that the applicant had received incorrect information, most likely due to misunderstanding of the lot itself, regarding fencing requirements. Gaffron said a fence on a through lot requires 50' setback for a fence higher than 3 -1/2 feet. The Council informed the applicant at a previous meeting that the variance process was necessary. Gaffron indicated the Planning Commission recommended approval of the temporary fence to remain as a barrier for a 2 -1/2 year time frame until vegetative screening has matured. The fence would be required to be removed in June of 2000, or relocated to become conforming. Findings are included in the draft resolution. The uniqueness of the lot in relation to Truffula Trail was noted. Addition of trees would be at the applicant's discretion. Mrs. Filips had no additional comments at this time. Jabbour was informed that the normal application fee had been charged to the applicant, • but based on the miscommunication, no after - the -fact fee was assessed. Jabbour felt if the City played a part in the mistake, perhaps no fee should be charged. Kelley asked if there were type 1 wetlands on the property. Gaffron said there were type 1 wetlands, but they were non -City protected. The covenants protecting these wetlands do prohibit neighboring properties to the east from building any type of a berm. MCWD and Corp of Engineer approval is required. Mrs. Filips said they originally planned on building a berm and were informed that they could not do so. Their goal is to block headlights from shining into their home. Kelley said he would like to condition any approval on the fencing being in conformity if the residence is sold prior to the expiration of the time period allowed for the temporary variance. Mrs. Filips agreed with stipulation of this condition. Council also voiced their agreement. Peterson was informed that Staff would be responsible for enforcement. Kelley moved, Goetten seconded, to approve Resolution No. 4025 for a temporary variance with the condition that the fence be brought into compliance prior to closing if the residence is sold within the time period of 2 -1/2 years. Vote: Ayes 5, Nays 0. 13