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Douglas E. Klint, P.A. <br />ATTORNEY AT LAW <br />January 16, 1987 <br />SUITE 251 <br />1421 EAST WAYZATA BOULEVARD <br />WAYZATA. MINNESOTA 55391 <br />TELEPHONE 16121 473-1943 <br />TWX; 910-576-3438 <br />City of Orono <br />Attn: City Council <br />Planning Commission <br />P.O. Bo;< 66 <br />Crystal Bay, Minnesota 55323 <br />Re: Deering Island <br />2ESS <br />'*'^01987 <br />Dear Sir/Madam, <br />I represent Paul Scherber who owns Deering Island and I <br />understand that the City of Orono is considering an amendment <br />to its Zoning Ordinance which would change t^e record lot <br />classification for Deering Island from that of a conforming <br />record lot to that of a nonconforming lot of less than 5 <br />acres. When Mr. Scherber purchased this Island he was <br />advised that the Island was a conforming record lot of 6.5 <br />acres and he relied on this record lot classification in <br />making his purchase. Any reelassification of this lot to <br />that of a substandard nonconforming lot would deprive Mr. <br />Scherber of a valuable property right which was conferred by <br />this Ordinance without compensation in violation of the <br />Constitution. <br />Moreover, the City is estopped by its own Ordinance from <br />making any changes in record lot classifications except for <br />Council approved subdivisions or combination of two or more <br />record lots. Section 10.31, subdivision 6, A, 3, provides in <br />part as follows: <br />"The Record Lot Inventory shall be considered <br />accurate and final for all properties except those <br />found on appeal to have a dcriionstrable cause for <br />change or adjustment." <br />Tlio app'jal referred to is the right of each property owner to <br />appeal a record lot classification within 6 months of the <br />effective date of the Ordinance. Since there w.as no £ippeal , <br />the r record lot classification for Deering Island is "accurate <br />and final" and the City does not now have the authority to <br />change this cl assi f i <:ati on , especially where valuable <br />property rights are involved. <br />For the above rea«c.is we reupectfully request that there <br />be fto change in the roctird lot cl assi f i cat i on for Deering <br />Island. If the City dues change the record lot <br />claesification, Mr. Ccherber intends to commence litigation <br />for injunctive relief and d'•mages. <br />Ver y <br />/ <br />/C- <br />Dbugrui L. f rTnl <br />Attw uey at I aw