03-10-2014 Council Minutes - Laserfiche WebLink

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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 10, 2014 7:00 o’clock p.m. _____________________________________________________________________________________ Page 2 of 17 PUBLIC COMMENTS None PLANNING DEPARTMENT REPORT 4. #14-3648 BEN GOODWIN, 565 LEAF STREET AND 550 OXFORD ROAD, VARIANCE Curtis stated the applicant is requesting approval of a variance allowing a fence to be constructed up to eight feet in height where six feet is the maximum height permitted. Curtis noted the yellow portion on the overhead does not require a variance. The properties at 565 Leaf Street and 550 Oxford Road abut the Woods Chapel property located at 525 Leaf Street. The proposed fence would replace an existing fence on the property line of the 565 Leaf Street property and would be a partial new fence on the 550 Oxford Road property. Only a portion of the proposed fence on the 550 Oxford Road property would require a height variance because the majority of the proposed fence on this property meets an accessory structure setback. A building permit is required for the fence on both properties. At its February meeting, the Planning Commission voted 5 to 0 to recommend approval of the request. There were no public comments received at the public hearing other than the applicant. The City Council should direct Staff on how they would like to proceed. Levang asked if the McCarthy property would require a variance. Curtis indicated only the pink portion on the McCarthy property would require a variance. McMillan asked if the pink portion is on the property line. Curtis indicated it is. McMillan asked if the fence can be located right on the property line. Curtis indicated there is no setback for a fence from the property line. Curtis stated fences within the setback are considered a non-encroachment and can exceed six feet on the side and 42 inches in height in the front setback or within the average lakeshore setback. Printup asked how many similar variances have been granted in the past. Curtis stated to her knowledge there have not been very many requests. A temporary variance was granted for a fence to allow the vegetation to establish in the meantime and there was also a fence variance requested for John Hollander that was denied. Gaffron stated the City granted a fence variance to a property located on Watertown Road where the property was south of the road and the neighboring property north of the road had a driveway that was aimed at the other property, which resulted in headlights shining into their residence. The City denied a temporary fence variance to some property owners that were located next to a nature area.