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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 14, 2009 7:00 o’clock p.m. Page 4 of 8 (6. #09-3427 ALONZO AND RENEE SERAN, 4099 HIGHWOOD ROAD – PUBLIC HEARING, Continued) Seran asked whether he would be able to obtain his building permit even if the neighbor does not sign the agreement. Seran noted the neighbor did not adhere to his approved grading and drainage plan and that he does not understand why it is now their responsibility to convince the neighbor to sign the agreement. Mattick noted the Serans are the ones requesting the change from the approved plan by requesting a 5-foot easement rather than a 10-foot easement. Curtis stated the plan that was submitted by the Serans’ attorney depicts the swale located on both properties and that the original survey depicted the swale totally on the Serans’ property. Mr. Seran asked what he is required to do to obtain a building permit. Mattick stated if the Serans are able to construct a 5-foot swale located entirely on their property that is approved by the City Engineer, they are free to do that. The neighbor expressed a concern about a pipe going in the swale and he was assured that there would be no pipe and that the swale would be grass rather than gravel. Mattick noted the neighbor did not indicate he would sign the easement. Mayor White closed the public hearing at 7:23 p.m. Bremer moved, McMillan seconded, to adopt RESOLUTION NO. 5862, a Resolution Granting Variances to Municipal Zoning Code Sections 78-330, 78-1288 and 1404 and Revising Resolution No. 3537, subject to the easement being signed by the Serans and a letter in favor of the work being signed by the adjoining property owner. Mr. Seran asked whether any changes are required to the easement document. Mattick indicated there are not. VOTE: Ayes 4, Nays 1, Murphy Opposed. 7. JOHN BROOKS, 905 FERNDALE ROAD WEST – FENCE IN RIGHT-OF-WAY John Brooks, Applicant, was present, along with Bob Near, Architect. Curtis stated at the property located at 905 Ferndale Road West there is a 4-foot split rail fence located in the right-of-way along the property approximately four feet off of the paved surface of Ferndale Road. The property owners wish to replace the existing fence with an 8 feet high fence located 10 feet off of the paved surface of the road still in the right-of-way. The proposed fence would consist of steel fence posts located every 8 feet and 11 concrete/stone pillars located at strategic points along the fence. The existing wooden fence could be reconstructed in-kind in its current location under state statute. The property owner, however, would like to improve on the setback of the fence with the new fence and increase the height of the fence from 4 feet to 8 feet. Using a more permanent monument and fence post is inconsistent with an in-kind construction and poses considerably more liability than an all wooden structure. Item #02 - CC Agenda - 09/28/09 Approval of Council Minutes 09/14/09 [Page 4 of 8]