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' <br /> ' feet in height. A copy of the City's Fence Regulations is attached as Exhibit F. Obviously,Mr. <br /> Waade's fence is not in compliance with the City's Fence Regulations. <br /> ' There is no question that the City has allowed Maacwell's Landing to be developed despite the fact <br /> that it has failed to comply with various specified requirements that were imposed by the City as <br /> explicit conditions of development approval.Not only has the City failed to enforce its own <br /> , ordinances,resolution and policies, it has turned a blind eye to intentional violations of a plan <br /> approved by the Minnehaha Water District. Any of these failures would be actionable by the <br /> citizens of this area because of the potential for derogation of the water quality,physical beauty <br /> ' and open space on which their property values are based. Perhaps, however, Maacwell's Landing <br /> or the City of Orono's attorneys might argue that such damages are merely speculative. In my <br /> , case,however,there is nothing speculative about the damages that the City, Mr. Waade and <br /> Maxwell's Landing has caused. Not only do I suffer, along with my fellow citizens of this area, <br /> the loss of open space,water quality and beauty, I suffer the realrty that there is a ma�or water <br /> ' problem on my property,created by the abutting property development. On any resale I would be <br /> required to disclose the problem. There is no way to discharge the water without substantial cost <br /> and agreements that would have to be reached wrth other adjoirung properties,which may or may <br /> ' not be possible. My ability to build a home on my property is severely limited. All of this is the <br /> result of the fact that the City has failed to enforce its own law and regulations, its officials have <br /> willfully ignored flagrant violations and Mr. Waade has been given carte blanche to destroy <br /> ' neighboring property value. <br /> I am willing to consider a resolution of this egregious situation, in order to avoid legal action. To <br /> ' that end, I am requesting that the following be accomplished: <br /> 1. Removal of the fence/berm within the 75' zone. <br /> , 2. Mr. Waade to implement a system to remove water from my property, subject to my approval, <br /> which sha11 be given in my sole discretion. <br /> � I am planning a trip to Minnesota during the week of March 22, 2004, and would appreciate a <br /> meeting with the Orono City Council to resolve these issues in person at that time. Please notify <br /> , me of the meeting date and time by February 9, 2004. <br /> incerely, <br /> ' <br /> Dave Thompson <br /> ' 2542 East 9800 South <br /> Sandy, UT 84092 <br /> , (801) 870-8115 <br /> cc: Orono City Mayor, Orono City Council Members, Orono City Planning Commission, Orono <br /> ' City Engineer, Minnehaha Watershed District <br /> ' 3 <br /> , <br />