12-11-2006 Council Minutes - Laserfiche WebLink

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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 11, 2006 7:00 o'clock p.m. • (14. #06 -3248 JOHNHOLLANDER, 200 HOLLANDER ROAD, Continued) fences and are compliant with City codes. A few of the fences may not be in compliance but Staff has not investigated those at this time. Mayor Peterson stated typically the City would investigate something that is not in compliance based upon a complaint. Hollander read the legal definition for discrimination. Mayor Peterson stated in her view the applicant is not being discriminated against and that she is unsure why the applicant feels he is being discriminated against. Hollander cited Smith v. Wade, 461 U.S. 30 (1983) and read the language pertaining to punitive damages. Mayor Peterson inquired whether the applicant would like a variance to the height of his fence. Hollander indicated he would like to have the fence back at the 56 inches it was originally constructed at. Hollander inquired whether any of the City Council Members have driven by his residence. Murphy stated he has driven by the residence three times since this application has come before the City. Murphy stated he is not in favor of the variance and pointed out there are some campaign signs still • located on the applicant's property. Hollander indicated he would be removing those. Murphy commented the boards from the fence are still lying in the fence from when the height of the fence was reduced. Hollander stated he left them in the ditch until this matter was resolved. Hollander stated he has been a real estate broker since 1984 and that the 56 -inch high fence increased the value of his property. Murphy stated the campaign signs need to be removed and that the property generally is in a state of disrepair. Murphy commented he is unsure what brought about the circumstances that led to the deterioration of this property but that it is a health hazard to the applicant and to the neighbors. Murphy encouraged the applicant and the City to work together to try to resolve the issues regarding this property. Hollander stated he has been in the process of cleaning the property up and that he has invested over $500,000 cash into the property. Kevin Rodewalk, 2293 Shadywood Road, stated he has been assisting the applicant in cleaning up the property and that the front yard is basically cleaned up except for some cigarette butts. Murphy commented that a number of people realize this property is a mess and that the City should attempt to work with Mr. Hollander as much as possible to help him clean his property up. Hollander reiterated he has been cleaning the property up. • PAGE 12 of 17