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Council Exhibit <br />LEONARD, STREET AND DEINAl <br />PKOriSSIONAL ASSOCIATION <br />July 15,2002 Eric H. Galatz <br />612-335-1509 <br />eric.galatz@leonard.com <br />HAND DELIVERED <br />Mayor Barbara Peterson and <br />City Council Members <br />c/o Paul Weinberger <br />Zoning Administrator/Planner <br />City of Orono <br />2750 Kelley Parkway <br />Crystal Bay, MN 55323 <br />Re: Stephenson Application for Amendment of CUP and Variance at 1850 Fo.\ Ridge Road <br />Dear Mayor Peterson and Members of the City Council: <br />We are writing on behalf of Richard Chalfen, 350 Brown Road South, to address assertions made <br />at the July 8,2002 City Council hearing and in the July 3,2002, letter submitted by Gregory <br />Munson on behalf of Revis Stephenson 111 in connection with Mr. Stephenson’s application for <br />an afier-the-facl amendment to a conditional use pemiit (CUP) and variance at their property at <br />1850 Fox Ridge Road. Mr. Chalfen’s property abuts the eastern boundary of 1850 and 1895 Fox <br />Ridge Road and the southern boundary of 1900 Fox Ridge Road. Stephenson’s after-the-fact <br />applications cover work Stephenson performed without a pennit at 1850, 1895 and 1900 Fox <br />Ridge Road. The aerial photograph attached to this letter shows the subject properties and the <br />Chalfen property, and the conditions that existed on the properties before Mr. Stephenson clear- <br />cut and filled the area east of his house. <br />The Request for Council Action Zoning Administrator Weinberger prepared for the July 8 <br />hearing sets out our objections to Mr. Stephenson’s applications and the Planning Commission’s <br />unanimous recommendation to deny those applications. The purpose of this letter is to point out <br />specific items in the record and to respond to Mr. Munson’s July 3 letter and July 8 presentation, <br />as follows: <br />A. Mr. Stephenson knowingly proceeded with material violations of his CUP. In the <br />introductory paragraphs of his July 3 letter, Mr. Munson asserts that “Upon completion of the <br />project conducted pursuant to the CUP, it became apparent that some of the fill encroached <br />on the previously delineated wetland buffer, and beyond his property line, and that the final <br />slope was very slightly off the 3 to one ratio requir^.’’ This sentence contains four separate <br />assertions, each false or misleading: <br />i$o South FifTM St »iit Suite ijoo Minniafous, Minnesota 55401 Tel <ii<55i>i500 Fax <ii.555-t<57 <br />2234562v3 <br />LAW OmCES IN MINNEAPOLIS, SAINT PAUL AND MANKATO