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Douglas E. Klint, P.A. <br />ATTORNEY AT LAW <br />January 16, 1907 <br />SUITE 231 <br />1421 EAST WAYZATA OCULEVARD <br />WAYZATA, MINNESOTA SSJDI <br />TELEPHONE IS 121 473-1943 <br />TWX: 910-S76-3438 <br />City of Orono <br />Attn: City Council <br />F'l arming Commission <br />P.G. Bok 66 <br />Crystal Eiay, Minnesota 55323 <br />Res Deering Island <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 the 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. Schcerher purchased this Island he was <br />adviseo 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 reclassification 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 e);cept 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 demonstrable cause for <br />change or adjustment." <br />The appeal 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 tlie Ordinance. Since there was no appeal, <br />the record lot classification for Deering Island is "accurate <br />and final" and the City does not now have the authority to <br />change this classification, especially where valuable <br />property rigfits are involved. <br />For the above rea«"cns wo respectfully request that there <br />be no change in ttie record lot classification for Deering <br />Island. If the Citv does change the record lot <br />classification, Mr. Scherber intends to commence litigation <br />tor injunctive relief and damages. <br />our r.V«.*r , . . __ _ __ <br />D5Mg?^,AU L. <br />Attorney at Law