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T ' ♦ <br /> � , e . <br /> �l <br /> . ...._..--- ... <br /> . . o� <br /> � <br /> O O <br /> � ��;.-,. � ciTY of oRONo <br /> � �, Municipal Offices <br /> 1 � <br /> ti <br /> �,�9 '�`,�G Street Address: Mailing Address: <br /> kE8Hp4 2750 Kel�ey Parkway P.O. Box 66 <br /> Orono, MN 55356 Crystal Bay, MN 55323-0066 <br /> November 4, 2004 <br /> The Nature Group <br /> Scott Ritter <br /> 420 North Fifth Street <br /> Suite 655 <br /> Miruieapolis, MN 55401 <br /> RE: 1420 Shoreline Drive—Variance Resolution Language Appeal—Hardcover <br /> within the Required 75' Lake Setback <br /> Dear Mr. Ritter: <br /> As a follow-up to our on-site meeting held Wednesday, November 3`d and subsequent <br /> telephone conversations and faxes, attached is the original resolution approved in 1999, <br /> which you were referencing. This resolution was never executed and allowed to expire <br /> by the previous applicant. This resolution is not the correct resolution to be referencing. <br /> Also attached is the resolution that is in effect and approved as a renewal in 2001. This is <br /> the resolution that should be referenced. <br /> I've also attached the survey that was used to approve the renewal variance in 2001. This <br /> survey shows the correct top of bluff location. The surveys submitted for the building <br /> permit and land alteration permit show a different, incorrect top of bluff location (even <br /> though the same surveyor was used). Unfortunately, this was not caught by staff and the <br /> current house was permitted to be constructed right up to the top of bluff rather than at a <br /> 10' setback as originally approved. <br /> However, this does not change the current issue at hand. All of the hardcover within the <br /> 75' lake setback must be removed. When using the correct interpretation of the top of <br /> bluff much of this hardcover doesn't even meet the bluff setback variance that was <br /> permitted under the 2001 resolution. Even if it did,the approval resolution did not permit <br /> landscaping within 75' of the lake or within 10' of the top of bluff. <br /> If you still intend to appeal the vaziance resolution language (although using the correct <br /> resolution), you must fill out the application enclosed. Because you are asking for <br /> approval of after-the-fact hardcover in a location where it is not permitted you must fill <br /> out the hardcover calculation worksheets enclosed to determine what level of hardcover <br /> exists and are requesting approval o£ This must be done for the 0-75' zone and the 75'- <br /> 250' zone. <br /> Telephone(952)249-4600 • Fax(952)249-461b <br /> www.ci.orono.mn.us <br />