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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 12, 2009 7:00 o’clock p.m. _____________________________________________________________________________________ Page 13 of 16 (9. #09-3424 MICHAEL AND DONNA EBERTZ, 1220 TONKAWA ROAD, Continued) McMillan stated structures tend to remain longer than the owners, which is one of the reasons why the City’s codes are drafted the way they are. McMillan noted the City Council is required to look at the impact variances will have on the future. White asked why the monuments are at an angle. Murphy stated he would also like the functionality of the gate addressed as well. Gaffron stated if 40 feet at the center line of the driveway is met, the posts would be perpendicular to the driveway. If you go straight in, it pushes it back further. With the right-hand circle gate post located in its present position, with an eight feet long gate, when opened it would cover the sidewalk, and that if the gate swings all the way around, it may become a ground elevation issue for the gate. White asked why they cannot reconfigure the gate. Steingas stated by the time the 16-foot gate swings to the other side of the sidewalk, the ground is significantly higher. McMillan commented the gate could slide off to the side rather than swing out. Steingas stated relocating the gate would also cut back on the size of the front yard. White stated when his children were younger, he fenced in an area of his yard, and that he personally would not rely on a row of arborvitae to keep children inside a certain area. White commented it does not appear that the City Council is in favor of the setback variance, and that he would recommend the applicant look at his options for the gate. Ebertz asked whether the City Council would be supportive of a fence. Bremer stated he would be allowed a 6-foot high fence along the county road up to the 75-foot line. McMillan asked whether the applicant would like his application to be tabled. Ebertz noted one of the monuments is located within the right-of-way and needs to be removed by November 1st and that he was attempting to have all the work done at the same time. Bremer commented the City Council has to look at the location of the gate as if the gate were closed all the time. White stated the City Council also needs to take into consideration the fact that the road is a county road with vehicles going at a higher rate. McMillan stated she would like the minutes to reflect that the increase in the hardcover is the result of the two different surveys. Bremer stated it appears likely that the City Council will not require the removal of the additional hardcover. Item #02 - CC Agenda - 10/26/09 Approval of Council Minutes 10/12/09 [Page 13 of 16]