02-09-2004 Council Packet - Laserfiche WebLink

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I I Pursuant to the City’s fence regulations, Bfi fence is allowed within 75 feet of the lake shoreline, and on a lakeshore lot, a side yard fence behind an average setback line is to be no more than 6 feet in height A copy of tiie City’s Fence Regulations is attached as Exhibit F. Obviously, Mr. Waade ’s fence is not in compliance with the City’s Fence Regulations. There is no question that the City has allowed Maxwell ’s Landing to be developed despite the feet that it has felled to comply with various specified requirements that were inqx>sed by the City as explicit conditions of d^lopment approval. Not only has the City failed to enforce its own ordinances, resolution and policies, it has turned a blind eye to intentional violations of a plan ^>proved by the Minnehaha Water District Any of tiiese failures would be actionable by the citizens of this area because of the potential for derogation of the water quality, i^ysical beauty and open q»ce on Miich their property values are based. Perhaps, however. Maxwell ’s Landing or die City of Orono’s attorneys might argue feat such damages are merely ^)cculative. In my case, however, there is nothing speculative about fee damages that the City, Mr. Waade and Maxwell ’s Landing has caused. Not only do I suffer, along with my fellow citizens of this area, the loss of open space, water quality and beauty, I suffer the reality that there is a major water problem on my property, created by die abutti^ property development. On any resale I would be required to disclose the problem. There is no way to discharge the water without substantial cost and agreements that would have to be reached wife other adjoining properties, uiiich noay or may not be possible. My ability to build a home on my property is severely limited. All of this is fee result of the fact that the City has felled to enforce its own law and regulations, its officials have willfully ignored flagrant violations and Mr. Waade has been given carte blanfee to destroy neighboring property value. I am willing to consider a resolution of this egregious situation, in order to avoid legal action. To that end, I am requesting that the following be accomplished: 1. Removal of the fence/berm within the 75’ zone. 2. Mr. Waade to implement a system to remove water from my property, subject to my approval, which shall be given in my sole discretion. I am planning a trip to Minnesota during fee week of March 22,2004, and would iqjpreciate a meeting with the Orono City Council to resolve these issuK in person at that time. Please notify me of the meeting date aixl time by February 9,2004. SiMcrely^ Dave Thompson 2542 East 9800 South Sandy, UT 84092 (801)870-8115 cc: Orono City Council Members, Orono City Planning Commission, Orono Building Official, Orono City Engineer 3 i