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3 <br />THE WIRTH COMPANIES <br />December 24, 2008 <br />Kim Moore -Sykes <br />Saint Anthony Village <br />3301 Silver Lake Road <br />St. Anthony, MN 55418-1699 <br />61S Second Avenut, South FAX (612) 339-2538 <br />Minneapolis, Minnesota 55402 (612) 373-0400 <br />Re: Lot Split— St, Anthony Business Center <br />Dear Ms. Moore -Sykes, <br />54 <br />hofessional Reat <br />Estate Management <br />& Development <br />I am writing to you as a follow up to our telephone call yesterday. As you are aware we have a <br />pending lot split application on file with the City of St. Anthony and we have submitted a survey <br />to the City with a proposed line for the split. You have correctly noticed that the survey did not <br />have set back markings ou it and you were seeking an explanation as to why there were no set <br />back markings. My client desires to have the lot split occur so that the newly created lot be as <br />big as possible for future developments. "1 o satisfy the City of St. Anthony for zoning purposes, <br />it was my client's intention to put a restriction on the deed that requires the two lots to be viewed <br />as one for zoning purposes and therefore the set back requirements frorn the existing building <br />would not be relevant. We believe this should satisfy any concerns the City may have and <br />proposed deed restriction language has been forwarded to you. If you have any farther questions <br />or concerns please feel free to contact me at. 612-373-0430. <br />Sincerely, <br />J-' <br />David A. Lutz <br />General Counsel <br />