11/20/2006 Planning Commission Minutes

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MINUTES OF THE ORONO PLANNING COMMISSION Monday,November 20,2006 6:00 o'clock p.m. (#06-3248 HOLLANDER, CONTINUED) Bremer inquired whether the applicant submitted the affidavit of Kevin Rodewald. Hollander stated Kevin Rodewald supervised the building of the fence in 2003 and that he did submit that document. Hollander displayed another photograph of a fence that does not house animals. Kempf stated he understands the point of the applicant. � Bremer stated the Planning Commission will be looking at the pictures and encouraged the applicant to proceed to the next issue. Hollander recited the legal definition of the word discrimination according to Barrons Law Dictionary and stated that if the City is going to cite him for having a fence that is in violation of City rules,the City should also be citing the other property owners whose fences are in violation. Hollander recited the legal definition for privacy,noting that he already explained what the absolute right to privacy means. Hollander stated the right to privacy entitles him to the condition or state of being free from public attention to intrusion into or interference with ones acts or decisions. Hollander noted it was mentioned in Staff's report that his front door was left open. Hollander explained his front door was probably left open because work was being done on the house at the time and that Staff should have come up to the house and asked him why the door was open. . Hollander stated he has over 400 hours in real estate continuing education and that in his view he should not be treated in this manner and that he has a right to be treated fairly and equally according to the Fourth Amendment of the United States. Hollander stated he is subj ected to scrutiny by the building inspector every two years when he runs for public office. Hollander noted the City of Orono declared his house a hazardous building siructure and that he reached an agreement with the City. Hollander suggested this application be tabled to allow the City to visit his property. Hollander illustrated on the overhead a drainage ditch and noted that he is required by law to extend the drainage. In the past he has experienced four feet of water in his basement,which is also part of the reason for the fence. Bremer stated the Planning Commission has a good understanding of the application and that she would like to open the public hearing at this time. Bremer indicated after the public hearing she would again ask the applicant if he had any comments. Bremer opened the public hearing at 10:29 p.m. Cassidy Burns,205 Hollander Road, stated she would speak on behalf of the neighborhood. Burns stated the neighbors are opposed to the variance and questioned whether the fence was truly constructed in 2003. David Burns stated it definitely was not constructed in 2003 but rather in 2006. PAGE 24