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� ��: =� <br /> ` (�lt Of �I�,�l�� <br /> , y , � �j �� • �, <br /> � '� :kS <br /> • RESOLUTION OF THE CITY COUNCIL <br /> � . NO. 1839 <br /> `� � <br /> . • � • • <br /> _ :.:�.._ <br /> 4. The applicant claims a 6 foot high privacy fence is <br /> needed to block the view of the "unkept" park across the <br /> street from his property. The Casco Circle Park was deeded <br /> to the City of Orono with specific direction that the park <br /> be maintained in a natural state. The park exists today as <br /> it did when the applicant purchased 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 Iength fence along the street Iot Iine 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 /> Iegal 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 /> fence 30 feet from the street/rear lot Iine 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 Municipal 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 i.ssued indicating that the existing or <br /> proposed structure and the use of the Iand 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 the 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 />