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Mavor Wm. Brad Van Nest July 8, 1980 <br />Page 8 <br />garage so he rarely uses this easement.) The <br />main point, however,* is that the fact that I <br />purchased a house which had driveway easements <br />is irrelevant to whether a house should be built <br />on the Rhode property. First of all, I am not <br />asking for a variance to build a house. Secondly, <br />these are not easements to the lake and do not <br />create a ”mini-marina." Thirdly, these ease­ <br />ments do not pass within sixteen feet of my <br />house or anyone else's house as do the walkway <br />easements to the lake on the Rhode property. <br />And, lastly, no one has challenged the validity <br />of the easements on my property. <br />11)Resolution 8S1 represents at l^^st three instances <br />of deliberate misstatements of fact! <br />a.Paragraph 25, as drafted by Mr. Rhode's <br />counsel, says that because of soil con­ <br />ditions and deleterious effect on property <br />values, Mr. Rhode cannot be required to put <br />the house where the Code says it should be. <br />Soil tests claimed by Mr. Rhode before the <br />Planning Commission and Council were never <br />undertaken. Soil tests taken by a reputable <br />firm (Braun), at my expense, can just as <br />easily be located in the vicinity of the <br />carriage house. Placing the home further <br />back does not adversely affect anyone's <br />value since it replaces a ramshackle structure <br />the carriage house--with a new residence. <br />b.Paragraph 24C says there will be no fire <br />danger from the Rhode house (26 feet from <br />Becker's). I believe an expert witness <br />would refute this. <br />c. Paragraph 21(b)(3) states that Rogers did <br />not have an equitable interest in Rhode's <br />lot while he owned 3145 North Shore Drive. <br />This is untrue. Rogers had his brother buy <br />1410 Bohns Point Road from Cutshalls (i.e.. <br />Purchase Contract) before I took title to <br />Rogers' house at 3145 North Shore Drive. <br />|-‘i| <br />f i <br />r.J