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r September 23, 1988 To: 1) Roseville Planning Commission 2) Frank Rog, Roseville Mayor 3) Roseville City Council From: Vaughn & Bunny Larson 1211 Josephine Road Roseville, MN RE: Petition for denial of the (retroactive) major variance to: Frank Rekuski, P.A., Geo. J. Grant Construction Co. 1225 Josephine Road Roseville, MN Background: Mr. Rekuski committed an illegal intrusion upon our property by building structures within the 5 foot set —back restriction of our common lot line. This was done without preconstruction approval nor variances. This entailed building a large shell of a house around an existing small 2 bedroom cottage. Thereafter, the cottage was removed in order to complete construction of the new house. This started on or about September 1987 and was basically completed on or about June 1, 1988. Several items listed below (under "B") have been completed more recently. The resulting structure due to its height and proximity overpowers our property. This illegal construction was done prior to April 1988 due to nonfeasance -by city officials through lack of enforcement of Roseville Building Codes (i.e., variances, permits and valid building permits) and lack of site visits during construction. Since April 1988 to the present, through malfeasance of city employees, by allowing continued illegal construction. We were laboring under the false conception that this construction was to be a nonintrusive remodeling project. This was because of a well planned deception and because of an unusual construction sequence which supported the deception. More importantly, until April 1988, we assumed this was legal since the city allowed it to progress. We were not informed of our rights and found out only after construction was completed that our approval was needed for a minor variance. Items of Concern: A. Violations covered by the said Major Variance. 1. Request for a pardon for the illegal intrusion beyond the legal setback. This includes 30 feet of house and five feet of additional garage. B. Violations, tG the bes'c of our knowledge, not covered by the Major Variance nor described. in filed building plans. 1. Filing a bogus Nuildi.ng permit request. 2. Lack of variance to build a high retaining wall on our lot line.