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. � °� <br /> , o o , <br /> ' CITY of ORONO <br /> i,�, , � . I <br /> ,, � ,��e r�'t�, ; �► <br /> "�, �;t ,�P�� �' �l4 / Municipal Offices <br /> � ;' 7 <br /> ` � � z��i��� � G Street Address: Mailing Addross: <br /> � <br /> \���Eg4KOg'� 2750 Kelley Parkway P.O. Box 66 <br /> Orono, MN 55356 Crystal Bay, MN 55323-0066 <br /> November 12, 2004 <br /> Scott Ritter <br /> The Nature Crroup <br /> 420 North Fifth Street <br /> Suite 655 <br /> Minneapolis, MN 55401 <br /> RE: 1420 Shoreline Drive <br /> Dear Mr. Ritter: <br /> I am in receipt of your letter dated November 10, 2004 and have conversed with the City <br /> Administrator, City Attorney, and Planning Director regarding the issue of the illegal <br /> hardcover within 75' of the lake. <br /> As I explained during our on-site meeting held on November 3`d, the variance and <br /> building permit permitting construction of the house did not permit construction of any <br /> landscaping. You are correct that a land alteration permit was issued, but the plan <br /> submitted and used as a means for approval of that permit did not show any landscaping <br /> within 75' of the lake. I've enclosed a copy of that plan for your reference. <br /> The reason you were given the opportunity to appeal the variance language is because at <br /> our on-site meeting you indicated to staff that your belief was that variance Resolution <br /> #4353 gave permission to construct the landscaping. Staff's position is that Resolution <br /> #4353 only gave permission for construction of the house in a location encroaching on <br /> the required 30' bluff setback, not landscaping. This is why you were given the option of <br /> appealing the resolution language in an attempt to receive final clarification from the City <br /> Council on whether the resolution permitted landscaping or hardcover within 75' of the <br /> lake. Also, Section 78-1288 (a) of the Zoning Ordinance prohibits any impervious <br /> surfaces within 75' of the lake (enclosed for your review). <br /> Your letter mentions a letter to former City Planner Paul Weinberger dated August 16, <br /> 2001 regarding establishment of a new bluff setback line. The City has no record of this <br /> letter, and because this letter came after the May, 2001 approval we believe it was never <br /> accepted and, because the bluff setback and the 0-75' hardcover limitations are mutually <br /> exclusive sections of the code, granting of a bluff setback variance, regardless of the <br /> location of the top of the bluff, can in no way be construed as granting a hardcover <br /> variance to permit the landscaping. <br /> Telephone(952)249-4Fi00 • Fax(952)249-4616 <br /> www ci.orono.mn.us <br />