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JAMES H. GILBERT LAw GROUP P.L.L.C. I2700 ANDERSON LAKES PARKWAY EDEN PRAIRIE, MINNESOTA 55344-7652 TELEPHONE (952) 767-0167 FACSIMILE (952) 767-0171 WWW.JGILBERTLAWGROUP. COM asienkowski@lawgilbert.com September 5, 2017 VIA EMAIL City of Orono City Council 2750 Kelley Parkway Orono, MN 55356 Re: 4035 Dahl Road Variance and Lot Subdivision Dear Mayor Dennis Walsh and City Council Members Richard Crosby II, Wendy Dankey, Aaron H. Printup, and Victoria Seals: JHG Properties is seeking to revitalize the rundown property at 4035 Dahl Road (the "Property") by creating two lots that will use the Property in a reasonable manner not permitted by the zoning ordinance. The proposed subdivision will not alter the essential character of the locality and will vastly improve the appearance, livability, property values, and overall long term health of the neighborhood. The applicant lives in the neighborhood wherein the Property is located and is trying to do what is best for the Property and all those that live around it. Contrary to conclusions by the City Staff, it must first be noted that pursuant to Minnesota statutes, economics can be a reason for granting a variance. The only limitation is that a variance cannot be granted based on "economic considerations alone." Prior to its purchase by JHG Properties, the Property contained a home in disrepair and an empty, football - sized field on the corner of Dahl Road and North Arm Drive that was rarely maintained and often times contained debris. The 1.83 acre lot size was established before Orono's one acre requirement and this unique lot size was not created by the landowner. The proposed use will turn a rundown corner into something that will be aesthetically appealing and beneficial to property values in the area. This variance is supported by citizens of this City, some who attended the Planning Commission meeting in support, and will have a positive impact on the community in which the applicant lives. Further making this lot subdivision unique is that building a second home will have minimal environmental impact. The area where the second home will go, on the west portion of the Property, is a very large grass field, and building a new home will require minimal disruption of any trees or vegetation. There is no other lot in the neighborhood that could be subdivided