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March 15, 2021 <br />To: Malanie Curtis, City of Orono Planner <br />From: Nancy Farnes <br />Re: #LA-21-000017 Joe Thull, 480 Big Island, Dock Permit <br />This serves as my requested response to assist in above -named matter with attachments for reference. <br />The application and updated letter as exhibit L still dismisses City Codes, LMCD ordinances, and <br />precedent set on an identical application. It was a tumultuous hardship on neighbors affected. And it <br />was resolved by withdrawal of application for a new application granting dock permit #4456 by council. <br />Doesn't the City have a duty to protect property rights of Thull and property owners affected as well as <br />the city codes, right of ways and LMCD ordinances? <br />Isn't the intent of planners, Planning Commission and Council to review applications and not to create <br />issues down the road or hardships? The application was submitted without relevant research. A harsh <br />burden fell on me and neighbors a week ago to provide it for planner on informed recommendation. <br />Attached validates a handful of wrong narratives in Thull application. He includes what should be several <br />change requests on existing precedence, city codes and LMCD ordinance packaged in his dock permit. <br />Considering a new code for easements and many sales I hope common sense may prevail to withdraw it. <br />1)230 Big Island was purchased at 45K with an existing dock and structures since 1942. <br />a) Precedence was set 2038 conforming w/existing lakeshore, traffic and quite enjoyment. <br />b) Precedence was set 2000 by 4456 resolution where application for dock at 230 withdrawn. <br />c) Precedence acknowledge by last buyer of 220 inside 4.5 acres at 100K. He asked us and <br />inquired for dock at 230. 1 believe he dropped idea after his due diligence. <br />d) Right of way between 210 and 230: <br />1) It is a drain field with established trench for water runoff in spring and storms <br />2) 78-567 (1) violation; see attached notice from City Orono dated October 22, 2003 <br />3) Right of ways became small walking trails about 3 feet wide. Some are established <br />behind private properties. Per code78-567 (5)... No permit shall be required for any <br />person whose property abuts a platted public right of way or a platted park to control <br />weeds or brush, seed, sow mow or otherwise maintain the right of way or park ....record <br />lots ...divided by platted, unopened public right of way may incorporate and use such <br />right of way as PART OF THEIR YARD without a permit.... <br />e) The city does not maintain right of ways, survey or provide signage. <br />Perhaps administration inquiries should be directed to abutting property owner <br />who preserve land, "incorporate and use such right of ways as part of their <br />YARD without a permit" lacking sufficient knowledge to advise. <br />