Ms. Burke,

You sent me an email on August 8, 2022 explaining that the fire marshal approval for the site plan is conceptually approved. I believe at the time of your email you had the engineer report dated May 26, 2022 from Bill Lider. In that report Mr. Lider pointed out that a 20% grade for 25th Ave SE greatly exceeds the code which is around 6% . Mr. Lider also stated that there is no such thing as a temporary cul de sac which is true.

At about the time you were kind enough to favor me with your response we received the legal opinion from Alex Sidles dated September 6, 2022. I am sorry we did not provide that to you sooner. As you can see in Mr. Sidles correctly concludes that a 20% grade is contrary to the law and code. He further reiterates that there is no such thing as a temporary cul de sac. Accordingly I would respectfully suggest there is no room for the site plan to be conceptually approved in conjunction with further grounds.

The imposition of the 20% grade and the cul de sac by any description would necessarily pose safety hazards and require trespass and disruption of private property. Certainly the fire marshal must also consider that this would impede emergency vehicle access to my property and potentially putting those public servants at risk.

The consequences of these type of illegalities are many and varied. For example, the hazards of this cul de sac and 20% grade would more probably than not result in inevitable tort claims for injuries to persons and property and litigation arising therefrom.

I and a few thousand people who are aware of the developer’s suggestions call upon your office and other agencies involved in this situation to practice good government on behalf of the citizens and those that would serve us. I appreciate your consideration.