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217 West James Street <br />P.O. Box 241 <br />Paynesville, Minnesota 56362 <br />320-243-3878 <br />320-243-4956 [Fax] <br />legalsry Jamundsonlaw com <br />www.amundsonlaw.com <br />Attorneys: <br />Ross M. Amundson <br />David T. Johnson <br />Paralegals: <br />Sheri L. Blonigen <br />Edith K. Buermann <br />Debra K. Stanger <br />May 1, 2017 <br />Planning Commission <br />City of Orono <br />P.O. Box 66 <br />Crystal Bay, MN 55323 <br />Council Exhibit F <br />17-3962 <br />RE: Lots 1, 2, and 3 Casco Point Addition, PID 201172320001, <br />20117232002, and 201172320003 <br />Dear Planning Commission: <br />RECEIVED <br />MAY 02 2017 <br />CITY OF ORONO <br />I am contacting you on behalf of Jay and Tera White regarding a <br />proposed two -lot subdivision involving the above described parcels. <br />Lake West Development, LLC is attempting to develop these lots on <br />behalf of Rick and Barbara Lupient, the owners of the properties. Jay <br />and Tera White own the home directly adjacent to and southwesterly of <br />the subject property, and object to the proposed development as set forth <br />in the sketch plan. <br />I have reviewed the Memo submitted to the Planning Commission <br />members by Mike Gaffron, senior planner for the City of Orono. Mr. <br />Gaffron identifies some of the practical issues that are concerning for <br />my clients. I would like to elaborate on the practical issues and set forth <br />the legal issues facing the developer in their attempt to gain approval of <br />this re -plat. <br />Mr. Gaffron indicates in his letter that the developer should address <br />his intentions for handling Mr. and Mrs. White's objections. It must be <br />noted that my clients have attempted to open communication with Curt <br />Frethem of Lake West Development, LLC to notify him of their <br />concerns. There efforts have not been fruitful and Mr. Frethem has not <br />indicated a willingness to consider these concerns. <br />Below are. the legal and practical issues that are of concern for my <br />client and will need to be addressed by the developer: <br />1) Access. There is an easement crossing Mr. and Mrs. White's <br />property as set forth in document'No. 922012. However, it is <br />quite likely that at the time of creation of the easement, it was <br />not contemplated that the property benefitting from the easement <br />was buildable. Nor may it have been contemplated that there <br />would be significant activity involving large construction <br />equipment creating a large nuisance for Mr. and Mrs. White (nor <br />,the owners of White's property at the time the easement was <br />created): Mr. Gaffron does a nice job setting forth the impact a <br />two lot development would have on the neighborhood, and <br />