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March 6, 2001 Centerville City Council Mayor Tim Swedberg City Administrator, Jim March Building Inspector, Ken Cook City Attorney, Jim Hoeft City Council Member, Mary Capra Rice Creek Watershed District Dear Centerville City Council, We live at 1275 Mound Trail, lot 3, in the Buechler estate plots approved by the City Council prior to our building. We began in February 2000. Our builder is Mike Koch of Pacific Management, Forest Lake, MN. Before the lot was dug, both we and our builder asked to receive permission to go closer to the lake (but not closer than the city set back) than the pad placement on the plans submitted and approved by the City Council. Both Mike and Wayne talked with Jim March and Ken Cook. They were told that the plans had been approved, the housing must be built on the pad as submitted by Carl Buechler, and in order to change this, it would require a vote by the City Council with notification to all neighbors within 350' of the proposed dwelling. An approval by Rice Creek Watershed district as well as the City Engineers was also needed for any changes. After asking for a closer setting, we chose not to pursue the City Council approval as Carl Buechler had said he would take us to court ifwe didn't use the designated pad. We did not feel that was a concern as much as we felt that he would never give permission as he owned the property within 350'. This month Carl Buechler is beginning his house on lot 1. He has obtained a permit to go closer to the lake by 13' and twist his house off the pad on his plan approved by the City Council, the City Engineers and Rice Creek Watershed District. As I understand this permit, it came about because Ken Cook and Jim March were uncomfortable giving him a permit knowing it was in violation of the procedure. Thus, the city attorney (Jim Hoeft . was on vacation and Daryl Jenson was filling in) was consulted in one day with a letter forthcoming in the second day which gave Carl Buechler a permit to start digging and pouring the foundation. If we had known that it was a matter of complaining to the attorney until you got the results you wanted, I'm sure that the three of us in compliance and in new homes on lots 2, 3, & 4 would have been more than happy to circumvent the approved plans which required building on the pads in order to be a little closer to the lake. Both Wayne and Bob Mueller on lot 2 discussed this situation with Ken Cook before the permit was issued. They were assured that all the correct procedures would be followed. After learning about the permit and seeing that the digging and footings were being poured, I called Jim March to discuss this on March 5,2001. I was told that we ~