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<br />Page 1 of2 <br /> <br />T.... Bender <br /> <br />Fntm: Statz. Mark R (Mark.S1atz(Iboneatro.com) <br />Sent: Friday, June 01. 2007 8:57 AM <br />To: dlarsonOcentervtllemn.com <br />Cc: Paul Palzer; TBender@CentervlUernn.com <br />8uIIjed: 1864 Lakefand CIrcle <br /> <br />SCANNED <br />JUN ~ 4 2007 <br /> <br />Dallas, <br /> <br />I was In town yesterday to meet with the Backage Roac:t contractor to discuss finalizing the Job. <br />SInce I was In town, I stopped by 1654 Lakeland Circle. I spoke with Mrs. (blanking on the name <br />at the moment) and explained my concerns. <br /> <br />As stated In my review letter, I would stltl not recommend giving up any of the easement. Also, In <br />my letter, I say "...unless the property owner can demonstrate that the proposed Improvements <br />can be made without Impact to the drainage swale...". I think that a swale can be graded and stiR <br />leave the pool and deck In place. Therefore, I have asked the homeowner to grade this swale <br />before the council meeting (In other words "demonstrate- how It will work). I am going to be In <br />town on Tuesday (6/6) to meet with Paul on the 2009 streets and then to attend the Shudy site <br />viSit. I will meet with the homeowners at this time to go over the swale grading In detail and he <br />told me he would complete the work shortly thereafter (In time for the CC meeting on the 13th). <br /> <br />I think that If the swale Is properly graded by the 13th, I could support an encroachment <br />agreement for both the deck and the pool. Here are my reasons why: <br />. The pool 1$ "portable", so If there ended up being a probfem, It wouldn't be the end of the <br />world to have It removed. ' <br />. The deck, without the pool would not be a problem. If the pool was not where It Is, a swale <br />could easily be maintained even with the deck In place. <br />. With both the pool and the deck, a small swale can be graded and will probably be fine. <br />. The drainage really only affects these people's home. If there's a problem, It will only be <br />with their own house. <br />. There Isn't a lot of drainage coming through the swale. The property to the north has cut off <br />his drainage by the nature of how his home site was graded, so It's Just the north half of this <br />homeowners lawn that Is contributing. <br /> <br />In summary, I still stand behind the statements In my letter. The only Change Is that the <br />homeowner would like to take me up on the opportunity to "demonstrateD It can work. <br /> <br />Mark a.tz, PI <br />AssocIate <br />Tel 651-604-4709 <br />Ceo 6S1..77~5126 <br />~.com <br />I rx1 Bonestroo <br />2335 Highway 36 W <br />St. Paul, MN 55113 <br />Tel 651-636-4600 <br />Fax 651-636-1311 <br />www.bonestroo.com <br /> <br />6/4/2007 <br /> <br />JI <br />