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MINUTES OF THE <br />ORONO CITY COUNCIL MEETING <br />Monday, March 10, 2014 <br />7:00 o’clock p.m. <br />_____________________________________________________________________________________ <br />  <br />    Page 5 of 17   <br />(4. #14-3648 BEN GOODWIN, 565 LEAF STREET AND 550 OXFORD ROAD, VARIANCE, <br />Continued) <br /> <br />Goodwin indicated he has planted a number of white pines along a portion of the property line. Goodwin <br />stated unfortunately it will take another ten years before they achieve what they want to achieve. <br /> <br />McMillan stated she has been told by MnDOT engineers that trees will not stop sound but that mentally <br />they might seem to help lessen the sound. McMillan stated to her knowledge the only thing that really <br />stops sound is an earthen berm. <br /> <br />Goodwin stated the 8-foot fence will not achieve a total solution but it will help stop the sound off the <br />pond when the wind is blowing their direction. Goodwin indicated it is a partial solution that will allow <br />them to enjoy their back yard. <br /> <br />Levang asked if the church has asked the property owners to not be in their back yard when a wedding is <br />held. <br /> <br />Goodwin stated that perhaps Doug Lein could better answer that since he has lived in the area longer. <br />Goodwin noted the number of weddings increased significantly last year and that people from different <br />wedding parties has approached Mr. Lein about activities he is doing in his yard. <br /> <br />Doug Lein, 580 Oxford Road, stated he has reviewed Staff’s report and has also had his attorney review <br />it. Lein stated the previous owners before the Goodwin’s, as well as Richard McCarthy, have had several <br />incidents where fathers of the bride and different people have come over and asked them to be quiet. Lein <br />stated he also has been asked to discontinue the use of his bobcat on one occasion. Lein indicated he did <br />speak with the owners of the chapel after that and told them that he cannot hire workers to perform work <br />on his property and then be asked to shut down. Lein stated there have been instances where they have <br />been asked to stop doing activities that a property owner should be able to do on their property. <br /> <br />Lein noted on a nice, calm night, you can be a half mile across Stubbs Bay and hear word for word <br />someone’s conversation. Lein stated the sounds from the wedding do travel across the property and that <br />while the wedding attendees are there to enjoy the wedding, the Goodwin’s are also there to enjoy their <br />property. Lein stated he understands both sides of the argument but there have been instances where the <br />weddings are an inconvenience. Lein noted Council Member Levang stated the property was purchased <br />with the knowledge that the chapel exists, and that someone could make that argument, but there has to be <br />some sort of reconciliation to the argument at hand. <br /> <br />Levang asked if the owners of the chapel have ever asked him to stop different activities on his property. <br /> <br />Lein stated they have not but that people with the wedding party have asked him to stop. <br /> <br />McMillan asked how the other side of the fence would be maintained if it is placed on the property line. <br /> <br />Curtis stated typically Staff will recommend the fence be placed inside the property line enough so the <br />person who erects the fence can maintain it on both sides. Curtis stated City Code does not require that <br />however. <br /> <br />McMillan stated that is perhaps something the City Council should look at in the future.