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1 <br /> T <br /> , � RECEIVED <br /> JUL 16 2012 ���y �6,�Q�� <br /> Jessica Loftus CITY OF ORONO <br /> Cit Administratur, City af D�rano <br /> 2750 Kelley Parkway <br /> Orono, MN 55356 <br /> Dear 1VIs. Lc�s: <br /> Please find this to be an official complaint in relation to the fence located at 1380 Rest Point Road. The <br /> �er�ce exce�ds t�e l�eight l�rnifiations in�na�y areas and r�eeds to be re�oved or brought in�o conformity <br /> within the existing Orono city code because: <br /> l. Th� fenc�was consfi�ct�d vvell af�er the Qrono fenee eode had been enacted. <br /> 2. Jesse Struve's email to Jay Nygard of May, 2012 states that there are no s�atute of li�itations on <br /> property issues in the city of Orono. <br /> 3. `I'�ere are no documen�s�vit�n�e f�e for 1�$0 i�es�t Point Road wi�ich in any way ailows the <br /> illegal fence to exist(such as a variance),therefor no official approval of the illegal fence <br /> exists. <br /> 4. �'here is no wording in the city of Orono fence code that allows the type of fence at 138D Rest <br /> Point Road to exceed the maa�imum height in any manner. <br /> 5. The vvvrdiflg�i�hin the Orono city eode does�crt atlow for varianees for iliegai fencing. Orono <br /> code is written so as to have the land causing a property owner the right to obtain a variance, <br /> but there is no way that the land can cause a fence to have to be taller than the code allows. <br /> T�ie c�ty o�'f��o�o�er�e c���t�re�.R-1 B dist�ct zv�re we live is as foliows: <br /> Height <br /> Height Jir�itations appl�to fences lo�ated yui#�ain required �artls, <br /> • Between the required lake setback and the average lakeshore setback line no fence may <br /> exceed 42 inches in height. For the purpose of determining fence height "average <br /> lakeshore se#back line" m,ear�s a lic�e drawn be#ween the most lakeward projection of the <br /> fence owner's house and the most lakeward projection of the adjacent house. <br /> • No fence within the required rear street yard may exceed 42 inches in height. The required <br /> s#r�#��s��#backs ar�_ <br /> 0 30 feet in the LR-1 B and LR-1 C districts <br /> Exceptions:The top rail of a three-rail,split rail fence may be up to 48 inches high. <br /> • No fence within a required side yard may exceed six feet in height. Required side yards <br /> setbacks are: <br /> 0 10 Feet in the LR-1 B anci LR-1 B districts <br /> T73e fence located at 138fl Rest Point�oad violates�i�ordinances in the€Qllowing manner: <br /> 1) The fence located along Rest Point Road and within the 30 Street yard Setback: <br /> � 51"tall panels where 42"�aximum he�ght is allowec�. <br /> � Panels are 52"+above grade where 42"maximum height is allowed. <br /> o Panels peak at 72"above grade on far left side where 42"m�imum height is allowed. <br /> �) T�e Fence alo�g the SW prope�li�e,fihe Nygard/�a�pher�rope�ty�i�e�vitk�in tk�e 3{�'s�eet <br /> yard setback: <br /> � Minimum 43"tall panel at the curved center of the panels where 42"maximum height is <br />