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MASLON <br /> MASLON EDELMAN BORMAN & BRAND, LLP <br /> P 612.672.8200 3300 WELLS FARGO CENTER <br /> F 612.672.8397 90 SOUTH SEVENTH STREET <br /> MINNEAPOLIS, MINNESOTA <br /> www.maslon.com 554024140 <br /> October 8,2003 Charles Bans <br /> Direct Phone:612-672-8318 <br /> Direct Fax: 612-642-8318 <br /> Charles.Bans@maslon.com <br /> Mr.Charles Marohn <br /> City of Pequot Lakes <br /> Planning and Zoning Administrator <br /> P.O.Box 361 <br /> Pequot Lakes,MN 56472 <br /> Re: Pequot Pines Apartment Fencing <br /> Dear Mr.Marohn: <br /> In response to your email message of October 7, 2003, as attorney for Mr. Babinski, I <br /> wish to reiterate our position that no permit was required for the construction of the fence under <br /> the Development Agreement. First and foremost, we have been told that at the time the fence <br /> construction started approximately three years ago,there was no ordinance requiring a permit for <br /> fencing. In fact, Mr. Babinski was told that the only permit he needed in connection with the <br /> Development Agreement by the City Clerk at the time was the permit for the 90-unit apartment <br /> expansion. Accordingly, we still maintain that the Work described in Exhibit D to the <br /> Development Agreement, specifically authorized by the City pursuant to the Development <br /> Agreement, was work that was not subject to any'building permits even had a building permit <br /> ordinance been in effect for any of such items. The fact that no such ordinance existed at the time <br /> for fencing makes the City's position at this time even more absurd. <br /> Moreover, as you are probably aware, the reason for the barbwire is that there was <br /> numerous vandalism incidents and robberies occurring on Mr. Babinski's property which events <br /> were emanating from the adjacent high school. Since the fence has been completed, the number <br /> of vandalism incidents and robberies have decreased remarkably. While Mr. Babinski would <br /> agree with you that the fence would be more aesthetic without the barbed wire at the top, it is <br /> appropriate under these circumstances. <br /> Accordingly, since there is no legal basis to require Mr. Babinski to now obtain a permit <br /> for the fence after the fact,we feel that our original legal opinion remains accurate. <br /> Very truly yours, <br /> ChjOAIL <br /> arles Bans <br /> CB:mjm <br /> cc: Donald Babinski <br /> #291445 v1 <br />