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33 no ov,4 v�rc� (�-n�. <br /> RFcF�V�O <br /> KENNETH N. POTTS, P.A. 5101 Thimsen Avenue <br /> MqR o <br /> Attorney at Law Suite 200 C�TY F S 2p�6 <br /> MINNETONKA,MINNESOTA 5534� ORO <br /> TELEPHONE(952)474-4240 �Q <br /> TELECOPIER(952)474-0987 <br /> March 2, 2006 <br /> Mr. Greg Keller <br /> Attorney at Law <br /> 351 Second Street <br /> Excelsior,MN 55331 • <br /> RE: State v. Michael John Swanson <br /> Dear Mr. Keller: <br /> I did have the opportunity to speak to Lyle Oman, the building official with the <br /> City of Orono in regard to your client. Mr. Oman indicates that things are "quiet" now <br /> because Mr. Swanson's business is primarily that of seal coating and seasonal dock <br /> maintenance and installation. Mr. Oman reminded me that Melanie Curtis previously had <br /> contacted Mr. Swanson who told Ms. Curtis that he understood the City's position on the <br /> illegal home occupation but will continue to operate it as has been and will continue to <br /> bring commercial equipment to his residential property as he sees fit. <br /> Therefore, as you can imagine, Mr. Oman doesn't feel that your client has been <br /> very accommodating and will continue to run his business and disturb the peace and quiet <br /> of the neighborhood. While I understand your position that you do not believe that the <br /> ordinance is very well drafted I think it is clear that he is violating both the letter and <br /> spirit of it by continuing to run a business, particularly with heavy equipment, wherein a <br /> number of times he starts his business at 6:00 a.m. in tl�e morning which quite obviously <br /> would disturb the neighbors. <br /> I have charged him with a Petty Misdemeanor; however, he was in violation for <br /> approximately 45 days. I would be requesting that he plead guilty with a substantial <br /> amount of the fine being stayed on the condition that he not engage in a prohibited <br /> occupation in the next year. <br />