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-AMELAL "&-� South Of face 7412 lyrdele Ave. So. Richfield, Mn. UM23 "Sam Door Council person@, West Office r North Office # 0 48 3MW Shoreline Or. 13025 Central Ave. N.E. P.O. Box B 91e1ne Mn. 55434 Novsrn, Mn. 56392 11 4118676 M I CITY, M ORONO I an contacting you on behalf of Mr. Paul Scherber. owner of the property located at 1410 i 1420 Bohn's Pt. Rd. within the Village of Orono, which has recently been before you end obtained your preliminary approval for subdivision. subject to several -!oaditions, referring to vour notice,Cur.trol No. 508 an the meeting of October 30, 1979.Mr. Scherber is in agreement with all the conditions set forthwith the exception of the planning Department's recommendad solution to the lest condition ie; Sell or grant to the Solomonson Property that land which hie nhr:lb fence presently occupy due to an onc:roac.hment, plus an additional 10 feet. to allow more proper setbacks to be created for the benefit of said property. It in Mr. 9cherber's sincere opinion that although ideeliattcly from the point of view of the Solkmonson property and.the planning dept. this would be a very desirable solution, yet he finds it would be highly detrimental to his property for several reasons. The fcct that i! would hinder possible future plans for expansion of the horse and or the addition of a garage. which will have to be placed on that end of the home due to setback require- ments, by sight and peace of mind being that a fence, hedge or other obstructions night be placed there, which woula awkwardly jut into what is now a smooth and free flowing lawn.not to mention the obvious quantit3 of land just lost from the ysrd.There are also certain financial effacts to take into consideration, due to the alteration presently and in the future upon any resale. Having need of council approval to complete this subdivision, which has boon totally within all the requirements of the village statues and regulations, Mr. Scherber has felt that the village has possibly applied undue pressure upon him to accept total responsibility for this encroachment situation. Yet the problem exists whether or not the subdivision is completed. also examining the origination of the problem, the responsibility would not Its with the party who had been trespassed upon but with the trespassor and the 3overnini, body which was to onforce the zoning and not back requirements at the time building permits were issued and construction was being completed. Mr. Scherber does not want to pinpoint blase, @ruts a legal entanglement with his neighbors,or draw on the patience of the Village Council too heavily, realising that nun@ of you readtng this, were involved with what happened then. He would sincerely appreciate your acknowledging the merits of, and ,accepting, his proposed solution. He is willing to grant, without cost, to the Solomonson property, that land contained in "out lot A" on the Accompaning survey. which will allow the minimun 3 ft. setback required by the State without all the possible turmoil that can soawtimee result out of boundary disputes i+nd uithaut It being too detrimental to his own property and well being. I believe Mr. Scherber has been very objective in his consideration of this situation and oleo very generous with the proposed solution. It may not be the most ideal, viewed strictly by set back requirements, but I sincerely believe it to be most fair to all parties concerned in obtaining an eq Atable solution. Thank you. Very Truly Yours. _ I David 1t. CarlM„