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ATTORNEYS AT LAW <br />LEVANDER, GILLEN & MILLER, P.A. <br />633 SOUTH CONCORD STREET SUITE 402 P.O. BOX 298 <br />SOUTH ST. PAUL. MINNESOTA 55075 <br />612. 451 -1831 FAX 612-450-7384 <br />November 4, 1992 <br />Mayor Hanson and <br />Members of City Council <br />City of Little Canada <br />515 Little Canada Road <br />Little Canada, Minnesota 55117 <br />RE: Mark Malsam - 2825 Country Drive, Little Canada <br />ARTHUR GILLEN <br />ROGER C. MILLER <br />TIMOTHY J. KUNTZ <br />DANIEL J. BEESON <br />ROLLI.N H. CRAWFORD <br />KELLY J. NEILAN KRUELL <br />KENNETH J. ROHLF <br />ELIZABETH J. WOLF <br />HAROLD LEVANDER <br />1910 -1992 <br />Dear Mayor Hanson and Council Members: <br />Our office has been retained by Mark Malsam in connection with <br />the matters involving his property at the above address. We <br />have reviewed the fairly extensive history of the matter, and <br />based upon that review are hereby formally requesting that the <br />City of Little Cananda acquire the property of Mr. Malsam. <br />While the Council and staff are very familiar with this <br />situation, let me offer a recap of the circumstances in which <br />Mr. Malsam now finds himself: <br />A. His property has been included in and designated as a part <br />of the P.U.D. for the future phases for the Kandice <br />Heights Development. <br />B. His current residential use has been rendered <br />non - conforming by virtue of the City's rezoning, and has <br />virtually no sale value as a residential use for that <br />reason. Mr. Malsam has recently been informed by one <br />lender that the property may not even be refinanced as a <br />residential use because of its nonconforming status. <br />C. Because of its size, the site is not a viable prospect for <br />a free standing development that is consistent with the <br />underlying intent of your P.U.D. designation. (An attempt <br />to convert the site to commercial uses was rejected by the <br />City). <br />D. The hope for the parcel as part of a developer initiated <br />assemblage of land has been virtually eliminated as part <br />of the current project because of the financial <br />difficulties of that project. <br />Page 14 <br />