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MALKERSON GUNN MARTIN LLP <br /> 1900 U.S. BANK PLAZA SOUTH TOWER <br /> 220 SOUTH SIXTH STREET <br /> MINNEAPOLIS, MINNESOTA 55402 <br /> TELEPHONE 612-344-1111 <br /> FACSIMILE 612-344-1414 <br /> CONFIDENTIAL MEMORANDUM <br /> TO: Mike Gaffron <br /> c: Soren Mattick <br /> FROM: Bruce D. Malkerson <br /> DATE: December 1, 2015 <br /> RE: Potential Issues Relating to Property at 875 and 895 Tonkawa Road,Orono <br /> Owned by Charles Lahr("Lahr Property") <br /> 1. Mike, I have been retained by Al Richie,who owns a vacant lot at 915 Tonkawa <br /> Road, Orono, which is adjacent to the above-referenced Lahr Property. <br /> 2. He told me that in two different transactions he sold a total of two lots to Charles <br /> Lahr at the addresses set forth above. <br /> 3. Apparently Mr. Lahr hired Sven Gustafson to construct a home on the Lahr <br /> Property. My client is very concerned about a tall and very long berm that has been placed by <br /> the contractor for Mr. Lahr along the eastern boundary of the Lahr Property adjacent to my <br /> client's property. I attach a couple of pictures of that berm. <br /> 4. I inspected the property last week and was surprised to see the length and height <br /> of that berm in that location, so close to the shoreline. Among other things,the berm impacts the <br /> view to the lake from my client's property. It may also interfere with the drainage patterns in <br /> this area. <br /> 5. My client has spoken on one or more occasions with Jerry(my client did not <br /> know the last name)of the City Planning Staff, or perhaps he is with the Building Department, <br /> and learned that apparently Mr. Lahr and/or his contractor may have commenced excavation and <br /> placed the material in this berm on the Lahr Property without a permit from the City,and perhaps <br /> without a permit from the Minnehaha Creek Watershed District. <br /> 1 s2147.DOCX <br />