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May 18,2010 <br /> City of Orono <br /> 2750 Kelley Parkway <br /> Crystal Bay,MN 55323 <br /> Re: Application to vacate unused right of way adjacent to: <br /> 3508 Ivy Place � <br /> Orono,MN 55391 <br /> . To whom it may concern, � <br /> Attached is our application to have a small portion of a unused platted road <br /> adjoining our property vacated.The driveway,parking area, and sidewalk have <br /> been on this unused platted road since the home was built in 1951. Obviously the <br /> city fathers granted permits to develop this property back then. We are aware that <br /> the city of Orono recently vacated a similar plated road at 340 Big Island. With this <br /> vacation,like the vacation at Big Island,we are not asl�ng for any of the lakefront <br /> to be vacated. We are not asking for the vacation of any drainage or utility <br /> easements in this area. � <br /> We have our property listed for sale and the encroachments onto this unused road <br /> are now causing title problems in selling our property. It is also malang it difficult <br /> for the potential buyers of our property to secure a mortgage. By granting this <br /> vacation,the city will help us to assure any potential buyers that the regular use and <br /> enjoyment of the property will be continned as it has been since the home was built. <br /> The nonconformity is protected by State Statute 462.357 Subdivision 1."Authority . <br /> for zoning" Subd. le. (a) any nonconformity,including the lawful use of occupation <br /> of land or premises existing at the time of the adoption of an additional control <br /> under this chapter,may be continued,including through repair,replacement, <br /> restoration,maintenance,or improvement. <br /> Due to personal circumstances we need to sell our home as soon as possible in order <br /> to get the equity out of the property. This issue is interfering with the sale of the <br /> property and causing us undue hardship. Prospective buyers have a reasonable fear <br /> that should they apply for a permit to remodel,the city may make them remove the <br /> driveway and stairs to the lake. <br /> For your reference,I am also enclosing with this application a copy of the letter sent <br /> to Evelyn Turner,city planner,from Arlo H. Vande Vegte,P.A.,regarding this <br /> matter. <br /> R��EIVED <br /> � MAY 1 g 2Q�r� <br /> CITY OF ORONO <br />