03-24-2014 Council Minutes - Laserfiche WebLink

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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 24, 2014 7:00 o’clock p.m. _____________________________________________________________________________________ Page 19 of 24 (6. #14-3648 BEN GOODWIN – 565 LEAF STREET AND 550 OXFORD ROAD – VARIANCE – RESOLUTION NO. 6376 & RESOLUTION NO. 6377, Continued) McMillan stated she is okay with the resolutions as amended but that she does have one issue about the maintenance of the fence that faces away from the Goodwin’s house. McMillan stated since this is a variance, she does not want the neighboring properties to have to be the ones to raise the issue should the fence fall into a state of disrepair. Mattick stated the fence would belong to the Goodwin’s and McCarthy’s, and if it deteriorates, it would be up to them to repair the fence. McMillan asked whether any conditions could be placed on the two properties since a variance is being granted to help ensure the fence remains in good condition. Curtis indicated maintenance of the fence is covered in the resolutions. Levang noted it is Item 2 of the conditions listed on Page 3, but that she would like to see some stronger language due to the location of the fence on the lot line and the imposing height of the fence. Levang stated she would like it to be very clear that the applicants are responsible for continually maintaining the fence in prime condition and that if there are any disputes regarding the condition of the fence, that it be directed to the building inspector for investigation and action. Mattick noted maintenance of a fence is contained within the City Code that would be enforced by the City. McMillan noted that covers routine maintenance and this application would involve a variance. Printup stated he understands the Mayor’s concerns. Bremer stated it would still be considered a fence, which would be covered by the ordinance. Mattick asked what she would be looking for beyond the Code. Levang stated she would like to see continual maintenance of the fence. Levang noted the language contained in the resolution states that the owner of fence shall maintain it in a condition of reasonable repair and appearance and shall not allow it to become or remain in disrepair or in a dangerous condition. Levang stated what might be reasonable to the Goodwin’s may not be reasonable to Free Victory. Levang indicated she would like to set the bar higher by saying the fence must be maintained in continual prime condition. Bremer noted that would be covered under the language that says the fence shall not be allowed to become or remain in disrepair or in a dangerous condition. McMillan stated she was thinking of having a third party make that determination. Curtis stated if Staff receives a complaint regarding the fence, Staff would investigate it.