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LEONARD, STREET AND DEINARD <br />PROFESSIONAL ASSOCIATION <br />December 10,2004 Timothy J. Keane <br />612-335-7192 <br />tim.keane@Ieonard.com <br />Mayor Barbara Peterson <br />Members of the City Council <br />City of Orono <br />P. O. Box 66 <br />Orono, MN 55323-0066 <br />Re: 2618 Casco Point Road-Eric Vogstrom <br />Dear Mayor Peterson and Members of the City Council; <br />This letter is offered in support of the application by Eric Vogstrom for a 34.5% hardcover <br />variance within the 75-250 foot setback zone where 25% is normally allowed for the property <br />located at 2618 Casco Point Road (the Property). This is the fourth plan revision submitted by <br />Mr. Vogstrom and reviewed by City staff and the Planning Commission. <br />The Property was platted as Spring Park Second Addition and the current home was constructed <br />in 1954. The Property is quite unique in its configuration in that Lake Minnetonk;i/Carmens Bay <br />extends into the Property in such a way that the 75 foot setback requirement embraces two-thirds <br />of the Property (see Exhibit A). The rough dimensions of the Property are 80 feet x 500 feet or <br />approximately 40,000 square feet. Due to the inlet extending into the lot, the Property has more <br />than 300 feet of lakeshorc. /\nd the resulting 75 foot lakeshore setback is applied to more than <br />300 feet of the Property (see Exhibit A). The footprint of the 2 story house and garage has been <br />reduced to 1,699 square feet—house at 1019 square feet, and garage at 680 square feet. <br />niSCTJSSION <br />The City of Orono lakeshore stepped hardcover regulatory scheme makes sense as applied to <br />standard, rectagular, long, narrow lakeshorc lots. The 0-75 foot no-build, the 75-250 foot 25% <br />standard, the 250-500 foot 30% standard, and 500-1000 foot 35% standard provide a gradual <br />reduction in the volume and rate of runoff for deep narrow lots (see Exhibit B). It is the unique <br />configuration of the Property’s lakeshore which establishes the basis for a hardship. The <br />uniqueness of the Property is not unlike the uniqueness of 2800 Pheasant Road where the <br />Council approved 39.2% hardcover due to a "disproportionate amount of land within the 75 ’ of <br />lakeshorc." <br />Section 78-121 of the Orono Zoning Ordinance provides when variances shall be granted; <br />ISO South Fifth SiEiiT Sum 1500 Minnlato US. Miknisota 554^* Tit 6ia*ns *soo Fa * 6ll-JJ5**^57 <br />lAW OFFICII IN MINNIAPOLII, lAiNT FAUL. MANEATO, lAINT C* • P AND WAkHINGTON, D-C. <br />2562321vl WWW.LtONAED.COM