Project Packet - Laserfiche WebLink

Home Browse Search

• • Page 1 of 1 Mike Gaffron From: Peter W. Johnson [peterj@peterwjohnson.com] Sent: Thursday, February 16, 2006 6:49 PM To: 'Bill Sjoholm' Cc: Mike Gaffron Subject: Alan Munson Application Dear Mr. Sjoholm, Attached is a aerial photo showing the line (black) that should have been applied upon construction of the Mandel home at 3155 North Shore Drive "but for"the consent of Munson's predecessor (Lauer). I've also included the Resolution approving the earlier variance from the required setback. The variance in that previous application resulted in a setback line for the Lauer home that was closer to the lake (yellow). Without the variance, the Munson house would have been located on the western portion of the lot resulting in a setback line for the Lauer home that would have been more effective to preserve the Wagener's view(red). Lauer was also the person who subdivided the parcel that previously included both the Wagener parcel and the Munson parcel. It was Munson's predecessor in title that created the unusual lot configurations. I will copy you on my supplemental letter to the City. In summary: No hardship exists; the lot can be developed w/o encroaching into the setback at all. Given the applicant's unwillingness to compromise, the Wageners are withdrawing their earlier consent to maintaining the existing encroachment on a rebuild. The Wageners intend to insist on strict compliance with the ordinance and will move for injunctive relief, if necessary. In the unlikely event that the City or a Court was to find a hardship, the record will be made to demonstrate that the hardship was entirely self created. My clients are willing to have discussions regarding the project if a compromise solution is the subject matter. If your client simply wants to bull through without addressing any of the Wagener's concerns, then further dialog seems pointless. Peter W. Johnson 15250 Wayzata Boulevard, Suite 103 Wayzata, Minnesota 55391 peterj@peterwjohnson.com Phone: 952-475-1907 Fax: 952-476-0007 Cell: 612-741-1907 The contents of this e-mail message and any attachments are intended solely for the addressee (s) named in this message. This communication is intended to be and to remain confidential and may be subject to applicable attorney/client and/or work product privileges. If you are not the intended recipient of this message, or if this message has been addressed to you in error, please immediately alert the sender by reply e-mail and then delete this message and its attachments. Do not deliver, distribute or copy this message and/or any attachments and if you are not the intended recipient, do not disclose the contents or take any action in reliance upon the information contained in this communication or any attachments. 2/17/2006