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 20 of 24 (6. #14-3648 BEN GOODWIN – 565 LEAF STREET AND 550 OXFORD ROAD – VARIANCE – RESOLUTION NO. 6376 & RESOLUTION NO. 6377, Continued) Mattick stated the City would be the third party. McMillan asked if that could be spelled out in the resolution. McMillan stated she would like it designated in the resolution that the determination will be made by a third party. Mattick stated the City cannot take enforcement of the conditions of a variance and hand that to some other third party. Mattick stated the City would need to be the third party. McMillan stated she would just like that spelt out in the resolution to avoid any confusion. Bremer stated a sentence could be added to the end of Item No. 2 which reads, to the extent that anyone questions the condition of the fence or any disputes arise regarding the condition of the fence , that those concerns will be directed to the City of Orono to handle in accordance with the above code section. Mattick indicated that would be fine. Levang stated she would be fine with that language. Levang stated given the fact that the fence is located on the lot line and is higher than what is normally allowed, she would like some additional assurances for the adjoining property owner. Levang suggested the following language be added under Item No. 2: Any disputes regarding the condition of the fence will be directed to the City of Orono per City Code. Levang stated the resolution mentions PVC, but that it was her understanding when this was discussed at the last meeting that the fence would be constructed out of wood. Curtis indicated the applicants’ plan shows the fence constructed out of PVC. Levang asked if Staff has a picture or an example of what the fence would look like. Curtis indicated that would be contained in Exhibit D. Curtis stated she was not able to determine the color of the fence from the manufacturer’s website. McMillan commented it would be nice if people would bring in samples of their materials to Staff or to the Council. Gaffron noted this fence will hold up a lot longer than a wooden fence. Bremer stated Paragraph 3 requires that the fence be natural or neutral in color. Levang noted in the file there was a letter dated March 13 indicating that it was their hope that the Council will approve the variance application in time to allow the wedding chapel enough time to finance the appropriate fence installation. Levang noted Mr. McCall indicated he did not want to be involved in the cost of the fence or any repair, and that she would like it made clear to the applicants that any cost sharing by interested parties is not contemplated or required by the issuance of the variance.