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March 7, 2003 Fred Puzak 1340 Baldur Park Road \Vayzata, MN 55391 Re: Variance Extension Dear Mr. Puzak: A-l ---1-1'1 -03 CITY of ORONO Street Address: 2750 Kelley Parkway Orono, MN 55356 Municipal Offices Malling Address: P.O. Box 66 Crystal Bay, MN 55323-0066 I have reviewed with pertinent City staff your letter of February 17 requesting amendment of Resolution No. 4 720, as well as your October 22 request for review by the City Council. Unfortunately, when Paul Weinberger left this was one of a number of items for which followup was delayed, and I apologize for the inconvenience. There are a number of issues potentially for discussion with the Council, including: 1. Citv' s inability to obtain proper sewer easement from Bill Franklin. The status of the easement is as follows: Mr. & Mrs. Franklin signed an easement document in late 2001, which the City forwarded to the City Attorney for filing. After obtaining Franklin's Certificates of Title, the Attorney in April 2002 concluded that the easement could not be filed without minor language revisions documenting the Franklins' marital status. Greg Gappa subsequently sent a revised easem~nt document to Franklin on August 8, 2002. Franklin never returned it. Gappa sent out a second copy on November 8, 2002, which has never been returned. These never were returned to the City by the Post Office, so we must conclude that Franklin received them. In January 2003 Gappa then attempted to file the easement which the City Attorney had rejected, and the County Registrar would not accept it because the Franklins' signatures were in black ink and could not be confirmed as original. 2. Construction of new septic system last fall. Last fall you had a contractor install a new septic system to serve your existing residence. City Inspector Matt Bolterman confirmed that your new system has design capacity for only a 3-bedroom home, and that you did not have room on the site to construct primary and alternate systems for a 5-bedroom home. 3. Variance expired November 13. 2002. The variances granted to you on November 13,2001 expired on November 13, 2002 because no permit was obtained before the expiration date. The City notified you twice in writing of the expiration date ( attached letters by Deputy Clerk Rachel Dodge dated January 29, 2002 and June 5, 2002) and the need to sign the resolution copies to validate them before building permits could be issued. You have never signed the resolutions. From my perspective, despite your ongoing discussions with Paul \Veinberger, the variances have technically expired without action by you to sign them or obtain a building permit. Telephone (952) 249-4600 • Fax (952) 249-4616 www.ci.orono.mn.us