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LEONARD, STREET AND DEINARD <br />PlOriSSIONAL ASSOCIATION <br />June 13,2002 Eric H. Galatz <br />612-335-1509 <br />eric.gaIatz@leonard.coni <br />HAND DELIVTRED <br />Orono Planning Commission <br />c/o Paul Weinberger ^ <br />Zoning Administrator/Planner <br />City of Orono <br />2750 Kelley Parlway <br />Crystal Bay, MN 55323 <br />Re: Stephenson Application for Amendment of CUP and Variance at 1850 Fo.x Ridge Road <br />Dear Planning Commissioners: <br />We represent Richard Chalfen who resides at 350 Brown Road South in connection with the <br />referenced application by Mr. and Mrs. Revis Stephenson III for an amendment to a conditional <br />use permit (CUP) and variance at their property at 1850 Fox Ridge Road. The amendment to the <br />CUP and after-the-fact variance requested by the Stephensons are completely unacceptable under <br />City ordinances and other governing law and we therefore urge the City Planning Commission to <br />reject the Stephenson ’s application and order restoration of the property consistent with the terms <br />of the existing CUP. <br />The Background Facts Disclose the Stephensons * Persistent Failure to Follow Terms and <br />Conditions of Existing Permits and a Prior Stop fTork Order <br />We have previously written several letters to the City to express Mr. Chalfen ’s serious concerns <br />about the Stephensons ’ obvious violations of the CUP, City ordinances, and other laws. <br />Unfortunately, despite Mr. Chalfen ’s efforts to ensure that the Stephensons are made to comply <br />with applicable conditions, ordinances and other laws, Mr. Chalfen has seen no improvement in <br />the Stephensons ’ troubling activities. <br />As our previous letters and the enclosed Affidavit of Richard Chalfen demonstrate, the <br />Stephensons have, since their filling and grading project began, heeded few, if any, of the terms <br />of conditions attached to the CUP and have flat-out ignored a Stop Work Order. Even more <br />troubling, the Stephensons have conducted extensive finishing work (e.g., seeding in grass and <br />replanting trees on the filled grade) even after repeated notiflcations by the City that the Ailing <br />and grading work had to be corrected. This irresponsible and cavalier pattern of behavior is <br />offensive to the City ’s authority and has simply aggravated the degree of damage to the <br />environment and to neighboring properties. Mr. Chalfen trusts that if the Stephensons complain <br />150 South Fium Strikt Suiti 2500 Minniafolis, Minnesota sS40i Til 6i2-33s«I500 Fax 6ii-335-i657 <br />LAW QIIICIS IN MINNIAFOLIS, lAiNT PAUL, MANKATO, SAINT CLOUD AND WASHINGTON, D.C. <br />2226428vI www.lionaid.com