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Page 14 <br /> BERG, HACKING & BERG <br /> ATTORNEYS AT LAW <br /> 113 GfiA1N EXCHANGE BUILDING <br /> , MINNEAPOLI� MINNESOTA 55415 <br /> GORDON .L BER6 October 4 � 19 / � . ' AREA Co�C 612 <br /> J�HN F. HACKIN6 � TEl_EPHONC <br /> JOHN G. BERG 336-8333 � <br /> ❑F COUNSEL <br /> DAVID GRONBECK <br /> PAUL D. NELSDN <br /> �.� :� <br /> o � � '_[ � '�,� ',� <br /> I�Iayor Brad Van Nest � D <br /> and Members of the Orono City Council <br /> Orono City Hall - �:-,� , ,� _�.t� <br /> Orono, Minnesota "" . - <br /> Re: Approval of Plat of Victoria Estates c�N �� ORONO. <br /> , Ladies and Gentlemen: <br /> In preparation for requesting your final approval of the <br /> subject plat, I was informed by Mr. Olson recently that you now - <br /> require primary site and secondary site percolation tests for <br /> each lot of a proposed plat prior to final approval . As you <br /> know, this requirement was ordained well after your preliminary <br /> approval of the subject plat was given. I would now request <br /> that you waive that requirement in this case. <br /> I need not detail the time and effort expended by the developer, <br /> the planning co:nmission, and you in resolving the complicated <br /> problems presented by the development of this land. After many <br /> presentations and often heated debates , your preliminary approval <br /> was granted, many concessions having been granted by all involved. <br /> Your preliminary approval was conditioned upon (aside from the <br /> usual contingencies such as approval of the city attorney, etc . ) <br /> the developers' granting of conservation easements over a vast <br /> area of wet land and a one-acre parcel of buildable land. <br /> rsessrs. Cargill and Doherty and I viewed this preliminary <br /> approval as the council ' s undertaking to grant formal approval <br /> upon the performance of those then-stated conditions. The <br /> developers are now ready, willing and able to perform the same. <br /> It would seem unfair at this late date to require new and expensive <br /> conditions to be met. Incidentally, the developers received <br /> no notice of this new requirement even though the subject plat <br /> had been preliminarily approved when the new ordinance was passed. <br /> You may well wonder why a substantial period of time has passed <br /> since you granted prelir,►inary approval. The state of the title <br /> to the land being platted required that certain deeds for portions <br /> of the land be presented with the plat at the time of filing. <br /> Those deeds conveyed parcels of land which were extremely <br /> irregular in shape. Such conveyances are frowned upon by the <br />