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RIDER BENNETT, LLP City of Orono July 13, 2005 Page2 I attach a copy of the November 24, 2004 Survey we obtained showing Ms. Benson has installed "hardcover" or boulders and other landscaping within Mr. Puzak's access easement area. We believe Ms. Benson did this in violation of the 2003 Resolution. I attach photographs taken by our surveyor in late 2004 (when he performed the November 24, 2004 survey)-the 1998 date shown on them is incorrect. I witnessed the surveyor taking these photographs. The surveyor marked the boundary of Mr. Puzak's easement with orange cones, and as you can see, Ms. Benson has installed a stone rooster, various landscaping and boulders, a mailbox, and a metal lattice U-shaped structure in the area of the easement adversely affecting Mr. Puzak's use for access. We hereby notify you that we believe Ms. Benson is currently in violation of the zoning code. We object to the variance currently being applied for by Ms. Benson and request a copy of the Survey she supplied to you showing property boundary lines and the access easement's location. We request that the City look at the Survey Ms. Benson provided you and determine whether she has depicted the easement area at all on that survey, or if she did disclose the easement, determine whether the easement area depicted differs from our November 24, 2004 Survey. I wonder if Ms. Benson even disclosed the existence of Mr. Puzak's easement to the City. Ms. Benson may have depicted the area of the driveway currently "in use" on her survey, but that does not show the ACTUAL boundaries of the access easement. Obviously, since Ms. Benson has applied for a variance to enlarge the size of her garage and her home, the location of the easement is of utmost importance and should be carefully considered by the City before a variance can be granted. We respectfully request that any variance consideration be postponed by the City until the easement dispute can be resolved by a court of law, as the location of the easement is in dispute. Please call me if you have any questions or require any additional information. Very truly yours, RIDER BENNETT, LLP vv ~A---By ___ /1 ___ ~_4-______ ~---++----=it iJkier W. Denys JWD Enclosures cc: Fred Puzak (via mail w/ copies of photos) 1282290-1 RIDER BENNETT