Book #81 #98-191 to 99-051 10-13-98 to 02-23-99

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INDUSTRIAL EQUITIES L . L . P. Development and Investments • TEL 612 332 1122 321 First Avenue North, Minneapolis, Minnesota 55401 FAX 612 332 0241 February 16, 1999 Cary K.Teague City Planner City of New Brighton 803 Old Highway 8 NW New Brighton,MN 55112 Re: Lakeview Business Center VI Dear Mr.Teague: Thank you for your memo of February 5, 1999. Please let me respond with the following: 1. Lighting: The plans clearly indicate that no building lighting is placed on the north side of the Building. Despite safety and security concerns this was purposely eliminated to accommodate the Chenowiths'concerns. 2. Trees on Old Highway 8: It would not be our objective to block Chenowiths' sign and modifications can be made to the Landscape Plan to assure this. 3. Fencing: While the code allows for up to 8'fences it does not require them. Further, Industrial Equities is understandably hesitant to spend our monies to provide for the privacy the neighbors are unwilling to pay for. 4. Sun Blockage: The proposed facility satisfies required setbacks and height limitations. The property was designed so that the entrance was on the south side of the site, at the Chenowiths' request,so that the car headlights would not hit their greenhouse and so that truck and car traffic would not disturb the traffic flow to there Business. Cary, our legal counsel has advised us that based on his review of your ordinances that our 3 ` application meets all the requirements of the code and accordingly we are entitled to a Building Permit as a matter of law without any conditions. This unwarranted delay has already caused t ! significant losses in terms of scheduling, delivery and construction timetables. We have dearly tried to accommodate the Chenowiths'concerns,but each time we attempt to do so, more is expected, or decisions made to accommodate them are second guessed. Yours very truly, IJ N.Allen anaging Partner Industrial Equities,L.L.P.