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City of OR ONO <br />RESOLUTION OF THE CITY COUNCIL <br />NO. <br />t <br />4. <br />The applicant claims <br />a 6 foot high privacy fence is <br />needed to block the view <br />of the "unkept" <br />park across the <br />street from his property. <br />The Casco <br />Circle Park was deeded <br />to <br />the City of Orono with <br />specific <br />direction that the park <br />be <br />maintained in a natural <br />state. <br />The park exists today as <br />it <br />did when the applicant purchased <br />the property. <br />5. The applicant claims the fence provides to protection <br />for his home and surrounding improvements from vandalism. A <br />forty foot length fence along the street lot line does not <br />offer protection for a residence but may, in fact, serve to <br />hide vandals from the view of adjacent neighbors and the <br />police. <br />6. A forty foot length fence does not provide security. <br />The fence is an integral part of the landscaping plan and <br />ornamental in function and use. <br />7. The applicant has been advised that he may trim 2 1/2 <br />feet off the height of the existing fence and maintain a <br />legal 3 1/2 foot high fence, two feet off the road right-of- <br />way but has refused to comply. <br />8. The applicant has been advised that he may move the <br />rence 30 feet from the street/rear lot line and maintain the <br />fence at the six foot height but he has refused to comply. <br />9. Per Section 10.07, Subdivision 6 of the Municipai Zoning <br />Code. <br />"It is unlawful for any person to hereafter erect or <br />structurally alter a structure until a building permit <br />shall have been issued indicating that the existing or <br />proposed structure and the use of the land comply with <br />this Zoning Chapter." <br />The applicant's contractor failed to obtain the required <br />building permit and as a result was never advised of the <br />zoning standards for fence construction. <br />10. The plight of ti)E applicant is due to circumstances <br />created by the applicant or agents of applicant. <br />11. If variances are granted to permit a new fence 6 feet <br />in height, two feet off the road right-of-way, such action <br />would establish a negative precedent in the review of <br />similar applications. <br />Page 2 of 3 <br />