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RIDER BENNETT <br />Attorneys at Law <br />A Limited Liability Partner~· <br />33 South Sixth Street <br />Suite 4900 <br />Minneapolis, MN 55402 <br />July 13, 2005 <br />BY FAX {952) 249-4616 {LETTER ONLY) <br />Original by Hand Delivery {with Survey and Photos) <br />City of Orono <br />Attn: Melanie Curtis <br />Planning and Zoning <br />2750 Kelley Parkway <br />P.O. Box 66 <br />Crystal Bay, MN 55323 <br />Re: Sandra Benson 1376 BALDER PARK ROAD, Orono <br />easement dispute with Fred Puzak (1340 Baldur Park Road) <br />Our File No. 19864/E31458 <br />Dear Ms. Curtis: <br />Telephone• 612 • 340 • 8900 <br />Fax ·612 •340 · 7900 <br />www.riderlaw.com <br />Jennifer W. Denys <br />Also Admitted in Wisconsin <br />(612) 340-8958 <br />jdenys@riderlaw.com <br />This firm has been hired to represent Fred Puzak in connection with an access easement <br />dispute he has with his neighbor Sandra Benson. Ms. Benson disputes the existence and location <br />of the access easement that serves Mr. Puzak's property. Mr. Puzak asserts that Ms. Benson has <br />repeatedly blocked his access by parking cars in the easement area and has installed <br />encroachments on the easement area (like boulders and other landscaping) that prevent him from <br />using the access easement. We have been hired to litigate this matter. <br />Although I have been in contact with Ms. Benson's attorney regarding this dispute, I just <br />discovered through my client today that Ms. Benson has applied for another variance that will <br />affect Mr. Puzak's access easement and the deadline for filing objections expires today. <br />I attach a copy of Resolution No. 4948 and draw your attention to Items 4.C. (no "change <br />of existing hardcover") and Condition 4 ("violation of on non-compliance with any of the terms <br />and conditions of this variance shall violate of the zoning code, shall constitute a violation of the <br />zoning code, shall automatically terminate any authority granted herein, and shall be punishable <br />as a misdemeanor."). My understanding of the 2003 Resolution is that Ms. Benson was not <br />permitted to install additional hardcover boulders in connection with her 2003 renovations and <br />the fact that she apparently did so, puts her in violation of the zoning code. See the survey you <br />have on file from the 2003 variance application. <br />1282290-1