08/15/2007- Ltr re permit - Laserfiche WebLink

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already created by the August 10th thru 11th removal of green vegitation and shrubs. Historically, 2598 and 2590 shared one curved driveway crossing the shared lot-line in an easement. The demolition of the prior 2590 home more than 12 years ago technically removed that driveway easement between the properties according to that document. However it was the intent that the prior land owners share the space along the driveway and both maintain it. Maintenance to the driveway had been done by us the 2598 owners in the subsequent 12 years, but not by the prior 2590 owner and no home existed at 2590 for more than a decade. As an historic shared domain to 2598 we feel the removal of the driveway space by this construction along the shared utility corridor should be against city expectations of the new developer. Recently the states court ruled local governments can use eminent domain to take property from one private entity and give it to another private entity if iYs in the public interest. Alternatively, the city can enforce zoning restrictions on properties affecting the use of driveways entering intersections as well. We are interested in a solution that all parties can agree with. The intersection Dunwoody & Casco Point may be made as safe as it was by adding stop sign(s) on Casco Point, but the loss of turn-around for 2598 drive spaces appears to leave 2598 patrons and public at risk of loss. Pictures were taken with a digital camera of the property line before the grading, on Friday Aug 10th when shrubs and trees were removed, and after further grading began to change the grade Monday August 13th, 2007. We called friday afternoon and the city was not availible when the developers began clearing with their equipment. We called the Bonestroo Engineer Tom Kellog who indicated he had a letter sent February 12th, 2007 with concerns along the south-west lot line of 2590. He indicated friday afternoon that he had no documents shown addressing those concerns after the grading diagram dated Feb 1 st to indicate the citys grading plan was accepted or changed. He said to call Bruce Vang the citys grading inspector where I left messages that friday. So both the city engineer and us adjoining property owners were not fully notified of what was to occur before the groundbreaking we observed upon return the morning of Monday, Aug 13th, 2007. Six months after the city engineers letter I Please inform us at the address & phone contacts below when your city reviews and approves a final grading plan for 2590. Monday, Aug 13th, 2007 we observed a city offical onsite and overheard them request a new grading plan for 2590 from Chris of On The Level (Developers). We asked the crew of Final Grade to show us a Grading Permit and/or diagram and they said the plan was coming from the On The Level crew coming. No Grading Permit was ever presented onsite. Its beed over 6 months since Feb 2007 decisions were made affecting risks to our property and the public at the intersection that affronts our property and the documents describing the changes have been hidden from us and were not on file in the city offices for our review; nor were we informed during this period when we came in and requested them. We Patrick& Pamela Fitzgerald are owners of the 2598 Casco Point property. respectfully, Patrick D. Fitzgerald cellph: 651-373-7264 home: 952-446-9474 mailing address: Patrick& Pamela Fitzgerald 9509 Pheasant Crossing St. Bonifacus, MN. 55375