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 21 of 24 (6. #14-3648 BEN GOODWIN – 565 LEAF STREET AND 550 OXFORD ROAD – VARIANCE – RESOLUTION NO. 6376 & RESOLUTION NO. 6377, Continued) Curtis asked if she would like that added as a condition. Levang indicated she would. Mattick stated it would be fine to add language indicating that the City is not taking sides in terms of who is going to pay for the fence, but that if the Goodwin’s or McCarthy’s should have a cause of action for some reason, the resolution cannot be used to stop that or foreclose a right that the Goodwin’s would otherwise have. Levang asked what the language should be. Bremer stated the City takes no position on the costs of the fence. Mattick stated he would be fine with that language. Levang moved, Printup seconded, to adopt RESOLUTION NO. 6376, a Resolution Granting Variances from Municipal Zoning Code Section 78-1405, 565 Leaf Street, and to adopt RESOLUTION NO. 6377, a Resolution Granting Variances from Municipal Zoning Code Section 78-1405, 550 Oxford Road, with the resolutions being amended to include under Item No. 2, Page 3, the following language: Disputes regarding the condition of the fence will be directed to the City of Orono per City Code, and to include under Paragraph 7 the language that the City is neutral in regards to cost sharing. Printup stated he understands the points clarifying the resolutions, and asked if those conditions need to be spelled out in future resolutions approving a fence. Levang stated she is attempting to clarify given the letter dated March 13 to the City. Printup stated he does not want to go down the road of always clarifying that in future resolutions. Levang stated in her view it is important to specify what the remedy is if there is ever a dispute in this case but that it may not be necessary in other situations. Printup stated he has a concern with including that type of language every time since it is already included in the City Code. Bremer stated she is in agreement with Council Member Printup and noted that the Mayor and Council Member Levang feel this is a unique situation that warrants the added language. Bremer stated similar issues could be raised in another situation but that in her view it would not be necessary for every fence.