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Request for Reconsideration for FignutRONALD W. VAN AUKER 3084 East Lanark Meridian, ID 83642 208-887-7994 208-887-7998 Fax June 30, 2009 Mayor Tammy DeWeerd Meridian City Council 33 East Broadway Avenue Meridian, ID 83642 Re: Request for Reconsideration of AZ-08-015, RZ-08-009, PP-08-012 Dear Mayor and City Council: I hereby request that you reconsider the conditions of approval for the above referenced applications. The reason for the request is the-Cross Access Easement requirement across the subject property from the proposed Birddog Lane and the Maverik store at the corner of Locust Grove Road and Overland Road. This requirement is asking me as the property owner to give away my "product" without compensation. My company sells lots and we lease buildings which we build on lots which we develop. This is how our company makes money and affords to employ the company employees. If a person or company needs land or access across our land, we charge them for the land or the use of the land. Maverik is leasing 1 acre of land from Wrinkleneck Partners, LLC at the corner of Locust Grove and Overland Road. Our company controls Wrinkleneck Partners, LLC. The ownership of the corner lot is not in common with the ownership of the surrounding land which is the Fignut Subdivision. When the lease with Maverik was entered into, Maverik fully understood the access to the 1 acre portion of the 1.82ac parcel which they lease. There were meetings with Bruce Mills and Gary Inselman of ACHD to discuss the possibility that access would be restricted at both Overland Road and Locust Grove in the future. The Locust Grove access point was full access. The Overland Road access point was full access in, but right turn only out. Maverik fully understood that the access points could be further restricted in the future. Maverik chose to enter into the lease. There is no requirement or condition in the lease which addresses additional access to the parcel. Page Two Mayor and City Council City of Meridian June 30, 2009 Access to stores is an issue Maverik deals with in every one of its locations. Maverik prefers two full access points. If in the future, Maverik feels the need to have additional access, they will approach the adjoining owner and negotiate additional access. This is very common in the real estate business. We intend to approach Maverik in the future about additional access. They may or may not want additional access. That is their decision. In my view, it is not the responsibility of the City of Meridian to mandate additional access to the Maverik store. What other 1 acre parcel in the valley requires three access points? This requirement is not reasonable and interferes with commerce. The City of Meridian is overreaching in this requirement which goes beyond the scope and responsibility of the city government I ask that you remove this cross above referenced applications ~ the Maverik condition and approve the requirement. Thank you for ~~y~~ n Auker