10-12-1994 Council Agenda - Laserfiche WebLink

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OCT 07 '94 06 :55 FREGRE & BENSON P.2 William John Schmidt 2718 Edgerton Street Little Canada, MN 55117 Telephone: 1612) 483 -4959 November 3, 1994 Mr. Joel R. Hanson City Administrator City of Little Canada 515 Little Canada Road Little Canada, MN 55117 -1800 Re: Settlement of Neighborhood Dispute Dear Joel: This letter is in response to your letter dated July 18,1994. You have asked that I clarify two issues in relation to the fair and equitable settlement I am seeking. As you know, I propose to sell to the City of Little Canada certain property In dispute for the costs of my Attorney's fees (to date, approximately 07,000) plus the $618.00 valuation and any filing fees or other costs associated with transfer of the real property. The City may than negotiate with and attempt to satisfy John P. Ryan, Settlement costs are sought directly from the City of Little Canada and for reasons explained below. If fair settlement cannot be reached, 1 then reserve my right to initiate suit against the City of Little Canada to recoup my losses for the City's negligence as described further in this letter. The dispute involving a certain portion of my property and the inappropriate actions of John Ryan have lasted more than five years. The dispute could have been avoided had the City performed its function to regulate land use by adhering to its accepted building codes and permit issuance procedures. Normal procedures In enforcing the City's building codes would have prevented the building of the garage In its present location and, therefore, no dispute would exist concerning access to the structure today, The facts, as you will recall, are that in the summer of 1988, neighbor John Ryan built a garage situated at its present location while I was away on vacation. He built this garage despite my advice to him to apply for a permit and request a variance. I promptly contacted the City. A permit was issued nearly one month after the building was completed. Since that time, 1 have located witness Paul Sprosty, 633 Keller Parkway, who has agreed to testify that the garage was completed during the second week of August, 1988. You will note that this date Page 14