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CITY of ORONO <br />Post Office Box 66•Crystal Bay, Minnesota 553Z3*Municipal Offices <br />On the North Shore of Lake Minnetonka <br />August 28 r 1985 <br />Mike McEnany <br />2499 Kelly Avenue <br />Bxcei8iof7~ TOJ ‘“55731 <br />Dear Mr. McEnany: <br />I have just informed Darlye Uphoff, the d- eloper of Kelly <br />Cove, that based on the conditions of the approval of that platr <br />the City staff cannot issue a building permit for an accessory <br />structure. "Outlet A« Kelly Cove, may never be used for future <br />residential construction, but shall remain as an open space area <br />as density credit for existing duplex unit..." I have enclosed a <br />copy of the complete resoluton for your review. <br />If an accessory structure is to be permitted on Outlet A, <br />Council must grant a variance to the zoning code and amend <br />Resolution #1621. Staff must advise that they could not <br />recommend approval of a variance that would permit an accessory <br />structure on a lot that did not contain a principal structure <br />because such action on the part of the City Council would <br />establish a negative precedent in the review of similar applica*” <br />tions. If an accessory structure is approved for one of the four <br />owners, how can the City deny a future request by any one of the <br />other three owners? What are the hardships? <br />Please contact me if you have any questions concerning my <br />review of this issue. You may still wish to file a variance <br />application with the City if so I have enclosed a variance <br />application for your convenience. <br />Sincerely, <br />Jeanne A. Mabusth, <br />Zoning Administrator <br />cc; Daryle L. Uphoff <br />4200 IDS Center <br />Minneapolis, MN 55402 <br />File 2499 Kelly Avenue <br />lUIILDINC & ZONING - 473-7357 <br />ASSHSSING <br />ADMINISTRATION & FINANri- - 473-7358 PUIU 1C WORKS - 473-7359