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October 7,2003 <br /> Charles Bans <br /> Maslon Edelman Borman and Brand,LLP <br /> 3300 Wells Fargo Center <br /> 90 South Seventh Street <br /> Minneapolis,MN 55402 <br /> Re: Pequot Lakes Apartment Fencing <br /> Dear Mr.Bans: <br /> We have received your letter indicating that you represent Donald Babinski,who is the owner of <br /> the Pequot Pines Apartments. In the letter you indicate that it was your legal opinion that a land <br /> use permit was not needed for construction of the fence as "Fencing around the Housing Project" <br /> was listed in Exhibit D of the Developers Agreement. <br /> We disagree with this opinion,and apparently your client also felt that Exhibit D did not cover all <br /> construction permits as he applied for and received a land use permit for construction of the <br /> apartments themselves. It continues to be our opinion that a permit was needed for the fence. <br /> Of more significance,and the real reason why this has become an issue,is the type of fence Mr. <br /> Babinski has installed. It is a chain link fence with strands of barbed wire on the top. This type <br /> of fence is not appropriate or allowed in the vicinity of the apartment—a residential area abutting <br /> a schoolyard playground. <br /> The apartment building your client has constructed is a very nice facility that we are happy to <br /> have here in the City of Pequot Lakes. It is puzzling to us as to why Mr.Babinski would choose <br /> this type of fencing,as it makes his pleasant looking apartment complex appear to be some type <br /> of detention center. Security cannot be the issue as you can simply walk around the fence. And <br /> there are many other ways to improve security without compromising the safety of children on <br /> the playground or aesthetically degrading the area as this fence does. <br /> We are confident that if the barbed wire portion of this fence were removed,we could reach some <br /> type of understanding on the permitting issues. Please contact us and let us know how your client <br /> intends to conform to our local land use requirements. <br /> Sincerely, <br /> CITY OF PEQUOT LAKES <br /> Charles Marohn,PE <br /> Planning and Zoning Administrator <br /> Cc: Dawn Bittner,Zoning Clerk <br /> Planning Commission <br />