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WALDRON LAW OFFICES, LTD. <br /> JOHN B.WALDRON <br /> ATTORNEY AT LAW <br /> 1951 CONCORDIA STREET <br /> WAYZATA,MINNESOTA SS39I-I32O <br /> TELEPHONE�IS2�4�I-O940 email john@waldronlaw.com <br /> rnx(952)471-8859 website www.waldronlaw.com <br /> September 5, 2007 <br /> Lake Minnetonka Conservation District <br /> 18338 Minnetonka Boulevard VIA FACSIMILE AND U.S. MAIL <br /> Deephaven, MN 55391 <br /> Attention: Gregory S. Nybeck, Executive Director <br /> Re: Eric & Laurie Berg Variance Application <br /> 2965 Casco Point Road, Orono, Minnesota <br /> Spring Park Bay, Lake Minnetonka <br /> Dear Mr. Nybeck: <br /> I have been retained to represent Kathleen and Curtis Midthun relative to the above <br /> Variance Application. The Midthuns are adjacent property owners to the North of the Berg <br /> property, residing at 2941 Casco Point Road. We understand the public hearing on this <br /> Application was left open froin the meeting on August 22,2007,and will resume on October <br /> 10, 2007. <br /> Following the last hearing,and upon further consideration,the Midthuns now oppose <br /> the granting of any variance to the Bergs which would encroach on their ten foot setback and <br /> in addition oppose any "straightening" of the Berg's lot lines as they run froin the water's <br /> edge out into Lake Minnetonka. Mr. Berg has stated that he desires the variance in order to <br /> make his property more valuable for its future sale. However, if the variance were granted, <br /> it would also inake the Midthuns' property less valuable, with no compensation to them. <br /> Mrs. Midthun is a certified fee appraiser of residential real property and has been for a <br /> number of years. <br /> The Midthuns have offered, and still offer, to provide the Bergs with a revocable <br /> license for a five foot encroachment into the ten foot setback area, an offer the Bergs have <br /> refused. W ith such a crowded lakeshore area,and given the problems the Midthuns have had <br /> in the past with encroaching docks from the Berg property, the Midthuns have a reasonable <br /> need to control any encroachinents at the lakeshore and see the revocable license as a logical <br /> means to exercise such control. Please copy this letter to the full Board of Directors. I will <br /> be in attendance with the Midthuns at the upcoming hearing. <br /> Very truly yours, <br /> John B. Waldron <br /> cc: Kathleen and Curtis Midthun <br /> Peter Johnson, Esq. <br /> i '� � � � �� �� '� i i� � �1� <br /> Minnesota State Bar Association Board Certired Specialist in Real Property La`� � �f, ��r�� !� �� �i �`' � ;� �f <br /> ii <br /> � , ,'� I <br /> �' i� �EF' 1 � �007 I ,; ; <br /> � � I J <br /> uu <br /> L)� _—_------- <br />