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MINUTES OF THE REGULAR ORONO COUNCIL MEETING 1lFLD NOVEMBER 25, 1985. PAGE6 <br />#986 ROVEGNO continued <br />City Administrator Bernhardson understood and agreed with <br />Attorney Blatz's opinion. <br />Councilmember Grabek stated he was in favor of complete <br />removal of the fence as soon as possible and applicant should <br />have been ticketed for constructing the fence at the very <br />beginning. He stated that it would be setting a precedent by <br />approving the fence. <br />Mayor Butler indicated her agreement with Councilmember <br />Grabek. <br />Councilmember Adams believed through various interpre- <br />tations that a 3-1/2' fence was legal, but if it is illegal, it <br />should be removed. <br />Councilmember Hammerel reflected Councilmember Adams <br />previous mijunderstanding that a 3-1/2' fence was legal, but <br />was opposed to fences around the lake. <br />Councilmember .'rahm stated he did not .like the fence but <br />feels property .owners have the right to prevent trespassing <br />and damage to t ieir property. He felt that these problems <br />and a solution should be addressed. Fie suggested <br />consideration (I the "opaque" fence. <br />Zoning Administrator Mabusth stated that she did suggest a <br />fence to Mr. Rovegno to solve his trespassing problem. She <br />noted that the it tent was a 3-1/2' fence and not a "privacy" <br />fence. <br />George Rovegno s ated that he would be willing to take the <br />fence down by the ecess. He noted that he is not interested <br />in a variance or ,onditional use permit, he just wants his <br />privacy. He state i that he will abide by any decision made by <br />the Council and go from there, and that his intent was not. to <br />upset the neighbors. <br />Councilmember Frahm stated that lack of privacy goes with <br />that type of lakeshore property, but the trespassing on <br />private property should be dealt with. <br />It was moved by Councilmember Grabek, seconded by Mayor <br />Butler., to require the fence and posts be removed completely <br />by December 15th, 1.985. Motion, Ayes 4, Nays 1. <br />Councilmember Frahm voted nay stating he was in favor of a <br />variance for a 3-1/2' opaque fence. <br />It was moved by Councilmember. Adams, seconded by <br />Councilmember. Frahm, to instruct staff to work with <br />applicant for an acceptable solution to his trespassing <br />problem. Motion, Ayes 4, Nays 1. Councilmember Grabek <br />stated that too much expense and staff time has been spent <br />already in this matter. <br />For clarification, applicant was instructed to come up with <br />an alternative solution and submit to staff. <br />