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: � v January 31,2QQ3 Mr. Matt Bolterman Orono lnspector,City of Orono 2750 Ke11ey Parkway Orono, MN 55356 Dear Mr. Bol[erman: This letter is in repty ta your tetter dated January 3Q,2Q(}3. I am handlirtg this situation on behatf of rrry famity. As you noted,on January 2,2003,my father and 1 discussed the anonymous complaint you clairr►the city received, and your resulting letter(dated�ec. 3l,2003) in regard tt�aur intentior�of�r�provi�g the existing gates and some exist+ng fenc+�ig at the soutl�east co+-�ier of our lakes3�o+•e propei-ty(all of wl�icl�have bee►3 pi•ove�i in court to have been in place for many decades), install an additional walkway gate in exactly the same location as a portion of the currently existing fence,and place a single additional fence pane!at the southwestern properiy boundary of the lakeshore portion of the property. We wish to improve our property and put in place far better and more effective fencing and gates than the currently existing fencing and ga#es. We agreed vn Jan.2,2003,based or�the ir�complete information available to us at that time,to remove all the new fence and gate panels,and apply for a variance. We never agreed ta any speeifie deadtine by which to app{y and City staff( Wendy Bottenberg City Pkanner)gave us a number of different application deadli►�es and City plat�n+ng and City council n3eeting dates that we could use.No one ever asset-ted t}jat airy specific application date�jad to be met,especially as we had already agreed to remove all of the newly installed fencing and gates by the deadline c�f 3an. 1_S,20(}3 as demanded in your letter to us dated. Dec. 31,2003. AIt new fence and gate panels were removed before Jan. 15,2003.[wimessed you andlor City emptoyees in a marked City of Orono pickup truck view the property again, �or more than ten minutes,at that time, APTER ALL the new fencing and gate panels had been cotnpletely ceinoved. On Jan.2,2003,we explait�ed to Wendy Bottenberg that the fence posts were solidly frozen in the ground ar�d would not be removed. She said that would be acceptibie and agreed that such removai wouid serve n��isefi�l pEirpose as long as a{i of the new fencing and gates were removed. Obviously, we opted to remove all of the fencing and gates,and as such,are clearly in no violation of any code or regulation. We did not"keep them up" until the variance meeting as you claim in your most recent letter. We also requested on Jan.2,20�3 that Wendy Bottenberg send us copies of any variances or permits granEed to any of a number of adjoining properties that currently have fences,gates,driveway monuments,and stonework and masonry structures close to the roadway and the lake that were all installed in the last few years. I telephoned the City of�ces to repeat that req�est the follow+tig week ai�d inquire w4�e+►t1�at inforination would be sent.Those were mailed to us on 3an. 16,2003, immediately prior to the most recent of the vatious app�ication t�ead}ines. This comprehensive search by City staff revealed that none of the adjoining praperties had obtained permits or variances that permitted these recently installed fences,gates,and structures. Even those that had no previously existing fencing or gates were not required to obtain applicabae perm+ts or variances.This causes us to question whether our planned wark will reguire any permits or variances. There is no point in our submitting any variance application until this is investigated and determined. Doing so without the appropriate information would be a complete waste of time and effort for both City staff and my family. In the mear�time,there is no new fencing and no new gates on our property.The very small number of ind'+viduai posts in place are not#'encing and a�e not shuctures. The posts are not causing any hazard or problem for anyone and violate no regulations. Your new demand of a dead{ine that we submit a variance appiicaEion by Feb. 19,2003 or you "wi{1 turn this over to our(the City's)attorney" is completely illogical. We have no new fencing or gates installed on our property (and had none in place during the entire two preceeding weeks before Jan. 30,2�03 when you asserted t4ais new threat in yo�u-latest letter}and therefore we are not in vio}ation ot any code or regulation. t see no City of Orono reguiation which can possibiy purport to reqi2ire a permit or fuii variance to p{ace stakes or posts on my family's private praperty. ]t would be your burden in court to prove that we have any such burden. Please cite, in written response,the exact basis and location in City of Orono codes and/or regulations by which you cla+m we are in violatiar►.Since bath at'ye�ur lettecs have t�►c�eatened legal act�on agai�st us,a�d both see�►to i�dicate that you are unusually eager to threaten legal action against us,and your recent Ietter was inaccurate,we will have to do �1 �