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April 25, 2021 <br /> <br /> <br /> <br />Dear Mr and Mrs Thull, <br /> <br />Upon review of #2038, #4465 and easements after our meeting I submit the following: <br /> <br />The City may have initially said to “go for 230’s dock permit”. But your disregard of <br />material facts with testimony discovered and delivered during due process for Council’s <br />final decision frustrates the situation. IE: <br /> <br />“I should be grateful informed an application revokes my dock permit” <br /> <br /> Resolution #2038 states “...any other requests from other inland property owners” <br /> It does not state vacant lot owners. I submit no inland property remains at BI <br /> without use of a dock. Vacant lots vastly differ from intent and void a hardship. <br /> <br /> 230 is in good standing with #2038, neighbors and the City for 35 years. I oppose <br /> an inference to add a condition on permit, police me with intent to revoke for you. <br /> <br /> 480 BI is in a group of five vacant lots ranging .16-.28 acre (no sewer, structures, <br /> wells or docks). No historical use of such exists or was provided. 480 abuts Bird <br /> Sanctuary donated to Three Rivers Park, they may oppose with many restrictions. <br /> <br />Comment to council “I am open to anything” yet it is reported: <br /> <br /> Only approached preferred property for a free dock or easement you value at 20K. <br /> Rejected two offers to buy your inland vacant lot; “no” it is not for sale. <br /> Dismissed idea to purchase lakeshore cabin, take a free easement then sell it. <br /> Dismiss joining Power Squadron for a dock at nominal fee w/in walking distance <br /> <br />I must defend any property rights. It includes grandfathered historical use in writing from <br />the city to 230 BI; testimony 44 years prior to #2038 granted for 60K (not 45) purchase. <br />It is a drain field w/trench, mature trees and erosion perhaps from vehicle use discovered <br />in video, trench clogged from it or storm taking down a tree with power line. <br /> <br />Precedent was set 20 years ago not to revoke/share #2038 to 230 BI for unique situation. <br /> <br />Abandoned roads are incorporated as yards for abutting properties. It is not realistic to <br />assume the City is privy to conditions of right-a-ways (drain field, trench, trees etc) as <br />owners are liable for damages, maintenance and expenses as they deem necessary. <br /> <br />Big Island comp plan, ordinances/regulations affect a small community of 47 owners as <br />stewards of the land; 2nd and 3rd generations with a level of trust in the City and LMCD. <br />