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<br /> everything in writing with you, in aniicipation o�any such legal action.
<br /> You stated to my father and I,on)an.2,20(33,that it is not neeessary to have a varianee or any permit to enable
<br /> us to make repairs to existing fences or gates,but that you considered our installation to be new construction. It
<br /> seems to b�a matter subject to intei-pa•etation wlaethei•au►•pi•opc�sed cl�a�ages i�a const�v�tion �naterials and/or the
<br /> exaet lcscatian ratative to the existing fencing and gates constitu[e sufficient need for a variance,or some other
<br /> permit,ar any permission at all. Based on the written appiication information suppiied by Wendy Sottenburg and ihe
<br /> possible concerns you briefly verbally mentioned,our planned fencing and gates wi11 be a significant improvement
<br /> under the City's criteria and also better for all sun•ounding neigi�bors over the currently existing fencing and gakes.
<br /> This should have t>een cEearly e�rfdent wheR khey were in place. Obviae�s�y,we are extreme�y unteappy with the
<br /> current fencing and gates,w}►ich were originalty h��ilt by Ralph Bagley,and we are very eager to dramatically
<br /> improve them. That is exactly wfiat we were doing.
<br /> After we talked with you,my father and 1 personaHy checked the city records of adjoining properties in this area.
<br /> Wendy Bottenberg assisted us in the search of her f les�s well as oEher so�rces of inforrnation..The search failed ta
<br /> reveal that appropriate variances or permits were ever granted for similar fence replacements,gates, structures,and
<br /> even the installation of completety new fencing,gates,and structures. This appears to be a clear vialation of the
<br /> prit�cipie of fai�•aiad equitable applicatiun�f regulations and laws.
<br /> What Eegat action has the City of Qrono threatened those property owners with,especially as those recent
<br /> improvements have been in piace longer,are larger,and you,yourseif,could not possibly miss seeing them near the
<br /> roadway in both directions from our property when recentiy inspecting our property?These were ce�tainiy especially
<br /> obv+ous when you were coming out to this area specifically regard'+ng exactly the same issues of fencing,gates,and
<br /> structures,a trip that you/�ity staff have made more than once! Yaur own city property files reveat no threats,no
<br /> demands,no deadlines,no tegal action,rtot even any inquiries af those property owners. Why not?Why only us?
<br /> By the way, it is NOT our burden, legally or otherwise, to report every possible occu�Tence in Orono,to you or
<br /> tk�e City, �n order to fu11y receive our legally guaranteed right to fair and equal treatment and enforcerner�t of any and
<br /> a!1 laws and regulafians that the City asserts upon us. So whether anyone repartec!thase property owr►ers and
<br /> structures is completely irrelevarrt, if yau are�ssertir�g that we m�st f�lfiil samething,then whaEever that is rr►ust be
<br /> fairly and equally enforced on all other property�wners in the entire city as well.
<br /> We have no great dislike or object+on, at th�s t++ne,to these other sti-tictu�es. But we do insist on receiving fair
<br /> and equal treatment.They have irr►proved those praperties,just as we are aEtempting to irnprove ours.'There is no
<br /> reason any low and coward{y anc�nymous caller shc�uld have any objection to our plans or to our clearly improving
<br /> our properiy.No one can possibly claim that the fencing and gates you have required be removed are not a giant
<br /> i►nproveme�i on the existing fei�cing and gates. The existing fe��cing aa�d gates were, a+�d have been, inten[ionally l�ft
<br /> in compl�Eely�ndisturbed condition by us,during our recent work. Sa�easy comparison can be made.
<br /> We made no similar complaint cails when a11 of the adjoining properties were reeently being improved. We have
<br /> examined the City records. The City has not had any difficulties with any of these��ther fences,gates,and structures.
<br /> The C+ty has not ta�Cen any legal action,has not tl�reatetied any legal act+on,has+iot asserted any deadlines,has done
<br /> no inspections,has demanded no meetings,has not made any demands to remove or alter anything,has not
<br /> demancied ar�y permit or vafiance requests,has not dem�nded any information,and has not even corr►municated with
<br /> or questioned these adjoining owners. Why not? How are our plans so different?Why are we being r�p�atedly
<br /> threatened and treated so aggressively,even after cooperating with your demands,deadlines,and requests?
<br /> You asked on Jan.2,2003 whether we were responsibte for the recent fill,and various debris deposited
<br /> immediately east/southeast of the driveway gate location(that you stated you had personnally noticed and been
<br /> concerned about while there,examining our property). Apparently y�u l�ad a problem with that material and were
<br /> going to pursue �t with us. We +nfonned you that as far as we knew, Jolin {3rooks�ad done this,ai�d that we know
<br /> with certainty that al}af it is Iocated completely within the.iohn Brooks'905 West Ferndale Road property,aot oar
<br /> properiy. We atso told you that we do not appreciate or approve af that debris and fcll either. Et certainky does not
<br /> improve the appearance of our adjoining property.
<br /> As the City's professional inspector,you mast already have�Cnown at t�iat time,and been able to determine later
<br /> if necessary,that the City c�f CJro�o and the Min�ehaha Creek WaEershed District both have previously claimed and
<br /> forc�fuiiy asserted their deterr��ination of that specific area as being protected flood plain. Have you threatenea.tohn
<br /> Brooks with any�egal action?Have y�u taken a�jy legal actio��? Have you de+tiat�ded aiiy action by him,as the
<br /> property owi�er?Have you asserted aiiy perfoi-���ance deadaities against�iiin? Has lie completed any?Is�e being
<br /> required to meet with you ar suhmit any permit ar variance applications?What deadline have you asserted far his
<br /> applieations? Fiave you discussed this with him? What is the City d�ing about this?
<br /> If anything has been communicated, demanded,asserted,or done,please provide accurately dated and defailed
<br /> copies of such to us,and#he results, so that we can fairly determine if you are being equally aggressive and
<br /> threatening in�nforcing City rutes with ather people.Yo�seemed very eager ta pursue this matter on Jan.2,2003,
<br /> �. �
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