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OCT 27 2004 12:19 PM FR H1NSHRUCULBERTS0NLLP334 8888 TO 1461 a7048395B952 P. 02 <br />JOHN M. PIERSON <br />CHRISTOPHER J PIERSON <br />Pierson & Pierson <br />PROiTisioNAL uMcreo LiAuiLrrv PAimirRsiiir <br />ATTOftNCVS AT LAW <br />losj East wayzata bouuvard <br />SUITE 303 <br />wayzata . MLNNE.SOTA SS391 <br />October 26,2004 <br />TELEPHONE WD 473-1400 <br />FACSIMILE (y.s:) 473.(NhO <br />Mr. Rolfe A. Worden <br />Hinshaw & Culbertson <br />222 South Ninth Street <br />Suite 3100 <br />Minneapolis, MN 55402 <br />Rc: City of OronoJohnson & Biyson Big Island Lot Line Rearrangement <br />Lots 3,4, 5,6,7, 8, PLEASANT VIEW AT LAKE MINNETONKA (Big Island) <br />Dear Mr. Worden: <br />As we discussed on the phone a couple weeks ago and again yesterday morning, our firm <br />represents the above-referenced property owners in connection with their proposed lot line <br />rearrangement on Big Island. Since you can’t locate a file on the matter iij your office, let me <br />review its histoiy and present status. I have enclosed copies of the following: <br />1. City of Orono City Council Resolution No. 4794 (faxed from Paul Weinberger); <br />2. 3/28/02 Request For Council Action (which contains the record of previous <br />proceedings on the matter); <br />3. McCombs Frank Roos Associates, Inc. Survey dated 4/17/02. <br />William and Tlielma Bryson own Lots 3 and 4, Pleasant View At Lake Minnetonka. <br />James A. R. Johnson owns (but see below) Lots 7 and 8. In 1998 they jointly purchased Lots S <br />and 6 located between their parcels, and hold that p.nrccl as tenants in common - ‘/i Brysons,'/» <br />Johnson. <br />Their ultimate plan was to rearrange the lot lines such tliat Brysons would own Lots 3-5 <br />and Mr. Johnson lots 6-8. The plan was consistent with the City of Orono’s overall goal of <br />lowering densities on the island. The Planning Commission approved the lot line rearrangement <br />March 15,1999. Howe\'cr, the City Council tabled the application at its April 12,1999 mcetiug. <br />The reason was tliat the cabin that was on the center parcel would have been too close to the new <br />lot line to comply with the State Fire Code, which required a 3-foot setback. (Please note that the <br />tabling was due to a Fire Code issue on an island where there is virtually no ability to fight fires, <br />and there would be no change on the ground - just movement of a line on a map.) <br />By March of 2002, tlie Brysons and Mr. Johnson had removed the cabin on the center <br />parcel. The matter went back to the City Council on April 8.2002 and was passed (I believe <br />unanimously) subject to conditions and preparation of various documents, including title <br />opinions for the properties.