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y t io^ricci <br />OCMVKII. <br />T«k 1 soe> <br />TCl 909 930-0099 <br />1ilr*SMiNCTo««, O C. <br />tE«. 202 024 •do# <br />POPHAM HAIK <br />SCf«M09f«tCM A KAUrMAH, LTD. <br />lwCii.w0l»« LAW W»*CTi«f 09 <br />MASOM, rSNWlCK H LAWIICMCC* C t ? AS It. I 1 N f 0 t80f <br />Suite 3300 <br />3t2 South Ninth Stacet <br />Minmsapo(.is. Minnesota 9S402‘333S <br />tel SI2-333-4SOO • Fam si2-334>aaae <br />Thomas J. Bashett, C»q. <br />DfitECT Dial <BtS) 334-2S7B <br />(:!) <br />eCliiNA. Cm(W« <br />rcL 01 I04I St 9S24I <br />WtiAt<4. atVMAHV <br />Tec0tl44 94) 4SIS42S <br />STu^^aAHT. OEUtiiAMir <br />Ttu Ot I4B-7I t.229S3 <br />April 20, 1995 <br />2 1 1995Cortlen G. Cloutier, Esq. R <br />Cloutier & Cloutier, P.A. <br />1800 Midw'est Plaza West <br />801 Nicollet MaU <br />Minneapolis, Minnesota 55402 <br />Re: City of Orono - Application for Building Permit: <br />Lot 1, Tillson’s Villa Carman Addition <br />Dear Mr. Cloutier <br />Tiiank you for your letter of April 12, 1995; I have discussed it with Jeanne Mabuslh <br />at the Orono City offices, and I wanted to offer you this reply. <br />Your son has made application for a Building Permit on Lot 1. Tillson ’s Villa Carman <br />Addition and the City has responded that a precondition to the permit is a Type I subdivision <br />which would allow you to treat Lot 1 as a freestanding lot. The City is willing to allow you <br />to subdivide the area described as Lot 1, but it has raised the cautionary note that it you do <br />so without attention to the remaining areas, which you call Lots 3, 4 and Outlot I, that you <br />will find it difficult to further subdivide that area. It is the City’s recommendation that you <br />consider the entire area cf Lots I, 3. 4 and OuUot 1 for subdivision at this time. <br />Your response is a legal argument which is essentially this: the effect of the lot <br />combination which you requested on Lots 1, 3, 4 and Outlot 1, and which the City approved, <br />left the lots subdivided for zoning and planning purposes and therefore able to be <br />independently developed without further subdivision. The City’s position is that a legal lot <br />combination has the effect of ending the separate legal status of any lots so combined, and <br />that separate development of the lots requires subdivision under its code. <br />I have reviewed the language of Orono ’s zoning code at 10.25, subd. (6)(b) and <br />subd. (6)(a)(l). I believe that the Lmguage speaks to an existing lot of record, and our <br />082/22079481 4/2095