08/04/2009- letter re: illegal hardcover

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Melanie Curtis From: Ryan, Perry[pryan@burnsmcd.com] Sent: Tuesday, August 11, 2009 2:08 PM To: Melanie Curtis; Lyle Oman Cc: Michelle Ryan Subject: RE: Letter Malanie, Thank you for the revised letter, however I have issue with some of the items in the letter and the letter in its entirety. As a recap, prior to Mom's Landscaping (the Contractor) starting this project, we were told they met with the City to determine if permits were required for the project. They were told that based on the scope of work, permits were not required. The first day the project was started, the City issued a Stop Work Order. That very day, the Contractor had discussions with the on site inspector regarding what was required. They again discussed what was proposed. I also had a conversation with Lyle Oman at the City to discuss what was proposed and what was required by the City. On both discussions with the City, the inspector and with Mr. Oman, it was determined that a permit for the work was not required and the Stop Work Order was officially lifted. The official response from the City was that IF any hardcover was exceeded that any subsequent work performed on the property that required a permit requiring a site plan review would demand a new hard cover calculation. If at that point it was determined any hardcover was exceeded, a variance would be required or conformance be met. That was understood then and it is understood now. We are not moving forward with any other action at the property that is demanding a site plan review. Therefore, this letter is unfounded and not needed. In fact, the letter is defamatory and does not contain the facts of the case as spelled out above. Particularly, your discussion of a wider driveway, which has not been altered or added to, and your statement about bringing the property into compliance. This last paragraph infers that something must be done on the property which was not the City's position in 2006 when the work was allowed to progress. I want to state again, I understand the position that the City took in 2006 when the work was allowed to proceed; what you're stating in your letter today is a different position and again is extremely defamatory and slanderous. My request is for you to retract this letter in its entirety and leave the issue as it was in 2006. I look forward to you agreeable response. Sincerely, Perry & Michelle Ryan 3195 Casco Circle Orono, MN From: Melanie Curtis [mailto:MCurtis@ci.orono.mn.us] Sent: Tuesday, August 11, 2009 10:11 AM To: Ryan, Perry Subject: Letter FYI This letter will go out in today's mail. Melanie Melanie Curtis 1