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PHIL G. & DEBRA A. LACHER 2912 Mildred Drive Roseville, MN 55113 September 17, 1997 Kim L. Lee, AICP City Planner 2660 Civic Center Drive Roseville, MN 55113 Dear Kim, We would like to appeal the requirement to obtain a major variance in order to replace the driveway at 2912 Mildred Drive, Roseville. We purchased this property in April, 1991 and purchased title insurance at that time. With the intent of maintaining the property we decided to replace the driveway this year only to find that there was a problem with our driveway and the property line in regards to city code. The adjacent property owner informed us a couple of years ago that the driveway was on the property line. At the time we thought little of it as we felt that the title company would have found any difficulties with property lines if they existed. In June, 1997 we hired Sunde Land Surveying to survey our property as our understanding of what the property line was and what our neighbor understood it to be were different. Sunde confirmed that our driveway is within five feet of the property line. In fact, the edge of the pad the City ofRoseville installed, along with curb cuts, when the city put new curb and gutter on Mildred Drive (summer of 1990) ends exactly on the property line itself We were informed that we would need to obtain a minor driveway variance to replace the present driveway in the area it is now located. The driveway can not be moved over five feet as a hill is located at the north edge of the driveway and would require extensive landscaping with a retaining wall installed to accommodate moving it. In addition, any sort of retaining wall would necessarily involve city right-of-way as the hill extends on the right-of-way. The cost of such an undertaking would be extensive to say the least. The adjacent property (04-29-23-24-0043) owner, Jim Brisbois, 2903 Fairview Avenue, has declined to sign the minor variance to allow us to replace our driveway as it presently exists. Among the reasons the Mr. Brisbois gave us for not signing are as follows; a. He feels that the City ofRoseville should be the responsible party to make right the present situation as it now stands because: 1. There is not a variance on record for allowing the driveway to be placed