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� Page 5 <br /> � ' ,«�..w�:� <br /> ' isu� e�e�s�� <br /> RUSSELL H. BAUMGARDNER <br /> ATTORNEV AT LAW <br /> NQqTHWfi9T FINANCIAL CENTER, HUIT6 1pe4 <br /> 7C00 XQRXE6 AVENUE 60UTM <br /> BLOOMINCiTON, MINNESOTA 55431 <br /> February 6, 1981 <br /> .ia�>-or �•7illia� B. Van Nest <br /> 3295 Caraen Road <br /> Excelsior, Minnesota 55331 <br /> I� R�: Bruce Hepp Proposed Subdivision <br /> Dear Brad: <br /> I understand the above natter will again be considered by the Village <br /> Counc�l on Wednesday, February 11. I have appeared at four or five <br /> hearings previously on this �atter to e.Ypress ny opposition. <br /> Unfortszately, I iiave a conflict next Wednesday and will not be able <br /> to attend. Therefore, I want to take this tneans to express ny <br /> opposition to you and the meabers of the Village Council. <br /> I have sat through several presentations where :ir. Hepp attenpted to <br /> preser.t a reasonable division of his lot. With the existing easement <br /> on his property together with the position of the road from the public <br /> street to his present house, there is no way he can erect the house <br /> without additional concession from the Village Council. <br /> It appears that very tortuous reasoning is necessary to consider the <br /> lagoon part of the lake for one purpose and not part of the lake for <br /> another purpose. Mr. Hepp' s plans call for an easement over his <br /> existing property to give him access to the lake. Granting this <br /> concession would establish a dangerous precedent. <br /> In event this sut�division is authorized it will be necessary for <br /> *ir. Hepp to request variances from existing ordinances because one <br /> resulting lot will not front on a public street and there will be a <br /> traffic burden at the cul de sac serving his property and �four or <br /> five others. <br /> It is my understanding the purpose of public riearing� on ma[ters <br /> wh.•rr the Council is ca11E�d upon to �•xercise a discretiun is to <br /> ascrrtain the d�sir�s of the nrighbor affc•c[ed. ilf thE• tcn neighburs <br />