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r Eriokson 952-473-4855 p. 1 FROM FAECRB k BENSON (WED) 11. 10' 04 I4:06/ST. I4:05/N0. 4863047942 P 2 November 10,2004 Planning Commission CityofOrono 2750 Kelley Parkway, P.O. Boa 66 Crystal Bay, MN 55323 Re: FI04>3057, Variance Request - 560 Big Island Dear Members of lire Oruau Planning Commission: You should recommend denial of the variance in case ^^04^3057 - s 60 Big Island for a number of reasons. 1 am Ihmiliar with the property since I own the large parcel that abuts it to the north. 1 have owned this property for many years and have taken great interest in the zoning history of Big Island. Orono has put a S acre minimum lot size requirement on Big Island for good reason. Reasons for the 5 acre mlnintum lot size prominently include protection of the critical environment for waste treatment and for access. In the application before you both issues dictate a denial. Until access is determined, this application cannot be granted. At the very least, it should be tabled until the Moratorium is over. Since you may be under the gun of the 60 day rule, the lack of access and the existence of the Moratorium are reason enough upon which to base a denial. Cities uniformly deny applications that are submitted in the face of a Moratorium. If access has not been determined, you cannot make the findings required in your ordinance. If the applicant grants you an extension of the 60 day rule, table the matter. If you do not get an extension, you must deny based on the Moratorium. The second reason for a denial is that this lot is too small to handle waste disposal. It is contrary to Orono's policies to give variances where this threat exists. You must Rod “undue hardship ” bdbxe you can grant a variance. Tltere is much property on Rig Island that is unbuildable. There is nothing new about that. People still eiuoy the benefits of owning and using the property. Nothing in reality, nothing in the law dictates that just because someorw owns propnty means they can put a building on it. There are plenty of uses this property can be put to. A variance to put op a home is one of theml Sincerely,