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WALDRON LAW OFFICES, LTD. S <br /> JOHN B.WALDRON <br /> ATTORNEY AT LAW <br /> 1951 CONCORDIA STREET <br /> WAYZATA,MINNESOTA 55391-9320 <br /> TELEPHONE(952)471-0940 email john@waldronlaw.com <br /> FAX(952)471-8859 website www.waldronlaw.com <br /> July 9, 2021 <br /> Mr. Jeremy Barnhart VIA E-MAIL ONLY <br /> City of Orono Community Development Director <br /> 2750 Kelley Parkway <br /> Orono, MN 55356 <br /> Re: Hillier Land Use Application for 1245 Arbor Street, P.I.D. 10-117-23-31-0105 <br /> Dear Mr. Barnhart: <br /> Thank you for meeting with my clients, James and Juli Hillier, and I on April 19, and your letter <br /> of April 23 regarding the above matter. I now wish to respond to that letter. <br /> With regard to future sewer stubs for the subject property, your letter cited to City Resolution <br /> 1798, which was issued in 1985 (about 36 years ago). While your letter accurately stated some of <br /> the findings of that Resolution, the Resolution also contained the following statements: <br /> 1. if the subject property"is granted a variance and declared buildable by this or some <br /> future council, a connection charge in the amount equivalent to one 1985-1 sewer unit <br /> assessment shall become due and payable upon granting of the variance" <br /> 2. if subject property"at some future date becomes a buildable site as a result of a change in <br /> the zoning regulations a connection charge in the amount equivalent to a 1985-1 sewer <br /> unit assessment shall become due and payable upon application for a building permit" <br /> and <br /> 3. "should the zoning regulations change at some future time to allow additional building <br /> sites on this property, any additional buildable lots or sites created by such changes will <br /> be subject to another full unit assessment charge to be collected at the time a building <br /> permit is issued." <br /> My clients maintain that this Resolution contemplated conditions under which at least one <br /> additional sewer stub could be authorized to my clients' property upon the payment of an <br /> additional connection charge. We also maintain that if an RPUD were granted for their property, <br /> that at least one additional building unit would be allowed and that one or more additional sewer <br /> stubs would be authorized. Please let us know if you disagree with this conclusion. <br /> Your letter also acknowledged that the City of Orono"has some scenarios where a flexible • <br />