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Mayor Barbara Peterson <br />Orono City Council <br />Page 2 <br />July 8,2002 <br />The Stephensons* applications do not meet the requirements of the City of Orono. <br />The Stephensons' applications fail to meet the requirements of the City of Orono in at least two <br />critical respects: <br />*(1)The Stephensons failed to notify property owners within 350 feet of the <br />property. <br />In their application for an amended permit, the Stephensons seek after-the-fact approval of <br />alterations the Stephensons made to their property at 1850 Fox Ridge Road and to their <br />neighbors’ properties at 1895 and 1900 Fox lUdge Road. The mailing list covers only property <br />owners witMn 350 feet of the Stephensons ’ property. (Copies of the mailing list and map used <br />by the City and a map marked by us to show the area 350 feet from all the effected properties are <br />attached). When the Stephensons violated their original CUP, they deprived the City of Orono <br />and all of their neighbors the opportunity to review and comment on the work the Stephensons <br />illegally performed. The Stephensons are now denying some of their neighbors the right to <br />review and comment on their request for after-the-fact approval by failing to notify all property <br />owners within 350 feet of the property the Stephensons actually altered. <br />The Stephensons failed to provide a certificate of survey for the property that <br />is the subject of the application. <br />Orono requires with each application for a zoning or building permit a certificate of survey, <br />signed by a registered land surveyor, showing existing and proposed structures and <br />improvements. Where the application includes proposed changes in grade or drainage, Orono <br />also requires the applicant to submit a drainage plan. The Stephensons altered the grading and <br />drainage of 1850, 18^5, and 1900 Fox Ridge Road. The Stephensons ’ certificate of survey <br />covers only 1850 Fox Ridge Road. The failure to provide a survey of all of the effected property <br />is not just a technical defect. By failing to survey all of the effected property, the Stephensons <br />deprived their neighbors and the City of Orono an opportunity to consider and analyze the lull <br />impact of the Stephensons ’ project. <br />The Stephensons failed to obtain MClVD approval of the amended plan. <br />The Stephensons ’ application for an amended CUP and variance is also incomplete because the <br />Stephensons failed to submit the amended plans to the Miimehaha Creek Watershed District (the <br />“MCWD”). The MCWD issued a permit for the grading work covered by the original CUP. In <br />fact the MCWD issued a stop work order to the Stephensons when the Stephensons failed to <br />2234562V2 <br />!