08-10-2015 Council Minutes - Laserfiche WebLink

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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 10, 2015 7:00 o'clock pm. 4. REQUEST FOR ADMINISTRATIVE APPEAL: NYGARD FENCE VIEWING (continued) Mattick asked if that is the maintenance that he was not supposed to perform. Nygard stated it is a partition fence and that he has every right to paint his side of a partition fence. Mattick asked where it was established that it is a partition fence. Nygard stated fence viewers do not determine exactly where on or near a property the property line a partition fence should be located. Nygard stated the fence is located near the property line and it divides the properties. Nygard stated the fence is so close to the property line that there is no possible way that the neighbors can maintain his side of the fence without trespassing on his property. Nygard stated the fence goes downhill and is only a few inches off the property line. Nygard stated unless someone is super skinny, there is no way they can maintain it. Mattick asked him if he is saying it is a partition fence because of its position. Nygard indicated it is because of its location, the land around it, and where it was installed. Nygard noted at the time the fence was installed, the City had a fence handout which suggested that people install fences two feet back from the property line so they can maintain it. Nygard indicated he told that to the people constructing it and that they said they want it right here. Nygard stated they located the fence where they could not get to it given the way the land is and that no one has ever maintained it except him. Nygard stated they are the only ones taking care of that part of the land and that they did not install it but that is where it was chosen to be placed by the neighbor. Mattick noted he asked if the City of Orono has ever ordered the fence to be put in and asked if it is Mr. Nygard's assertion that the fence viewers required the fence to be put there. Nygard indicated he is not aware of what the City did. Mattick asked if the fence viewers ever ordered the fence to be put there. Nygard indicated he does not know. Council Member Printup stated it seems like the City Council has talked about this property line a lot over the past number of years. Nygard stated it has been ever since his neighbors started complaining about him about going green. Printup asked if the fence would be an issue if the neighbors could get along. Nygard stated there was never an issue before these neighbors. Nygard indicated another person installed the fence, then other people moved in, and then the latest neighbors moved in. Nygard stated there was never an issue before then. Nygard stated he has some documents to submit that backs up what he has stated tonight. Nygard asked if the City Council is going to be voting on this tonight. Page 5 of 32