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1 . - ��� Page 5 <br /> ,' ��_.� <br /> PHLEGER AND REUTIMAN � --- °'"" ' <br /> ATT�RNEYS AT LAW � / ��:a c�S �� <br /> 305 EAST AiCC STAEET • <br /> WAYZATA. MINNESOTA 55391 <br /> G�.Rr L.Ph�LEGER � 6�2-�93-7328 <br /> ROBERT W.�7EL1TIMnN.JR. <br /> • •� <br /> ��/ -� �. <br /> October 16, 1978 � <br /> .��� �, <br /> �/ -�� � <br /> Orono City Council <br /> Orono City Hall <br /> Orono, 2�1 " . <br /> � Re: Proposed resolution concerning 1960 Shoreline Drive <br /> Dear People: <br /> Thank you for tabling this matter to allow us an additional . <br /> period of time to respond to the above resolution, which is <br /> basically a series of fact findings to be used in subsequent <br /> decisions. We would like to respond to several of the pro- <br /> posed findings with reference to each said finding to which <br /> we have a comment or objection by finding number. Our comments <br /> are as follows: <br /> No. 6: The fact is that my client has had an interest in <br /> tFiis property since i954, when he built the existing gas <br /> station. This lease arrangement, and ownership of the building, <br /> has continued since that time. We would request that this <br /> finding reflect that fact because it certainly clarifies our <br /> standing to be heard on this� issue. Additionally, part of the <br /> finding is inaccurate in that the portion leased consists of <br /> 100 ft. o_f frontage and 75 ft. of dept on Lots 24, 25 and 26, <br /> with additional driveway rights over the remainder of Lot 24. <br /> No. 7: The year of the sublease to Texaco was 1963, and for <br /> purposes of accuracy that fact should be reflected in this <br /> . finding. _ <br /> No. 9: We would submit that this finding �is ambiguous. What <br /> �es "normal" mean? Additionally, it should be noted that the <br /> party who operated the station prior to Te�co opened up longer <br /> hours than did Texaco. <br /> No. 13: Here again, what do words like "heavy", "high", and <br /> azard" mean? Is not this portioin of the road a posted 40 mph <br /> limit? If- so, w�y not just say that. Does not the traffic <br /> density vary considerably depending on the time of day? Should <br />