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—:r^^ AMI lisf. PIANNJNU hXHIRIX T . _ <br />GRATHWOL & OBERHAUSER <br />O NCILL J. GRATHWOL <br />100B-1974 <br />ATTORNCYS AND COUNSELORS AT LAW <br />1421 E. WAYZATA BOULEVARD - SUITE 210 <br />WAYZATA. MINNESOTA 55391 <br />(612) 475.2401 <br />JAMES N GRATHWOL <br />LOUIS B OBERHAUSER <br />ROBERT K RANDALL <br />JOANNE THATCHER SWANSON <br />JOHN W. HENDRICKSON. JR. <br />CAROL MASOEN FORNANOER <br />TIMOTHY O. GRATHWOL <br />March 18, 1980 <br />City of Orono <br />P.O. Box 66 <br />Crystal Bay, Minnesota <br />■CITY OROhfQ <br />Attention: Gene Davis Re:Janes P. Rivers <br />Our File 5544-3 <br />Dear Mr. Davis: <br />The memo from the City Council regarding their recollection of Mr. Rivers' <br />activity concerning the property in question does not correspond with Mr. <br />Rivers' recollections. <br />When Mr. Rivers decided to purchase the property from Mr. McMahan in <br />1976, he verified with the city the commercial use of the property. There­ <br />after, he applied for a building permit for the purpose of doing some re­ <br />modelling work on the residential unit that is currently being occupied by <br />himself as his home. The City of Orono is considering granting a <br />conditional use permit or variance from the provisions of the B-2 ordinance <br />which prohibited residential property In a B-2 zone. This whole proceeding <br />was processed by the City of Orono with the understanding that the property <br />was in fact Zone B-2. At no time during the proceedings did Mr. Rivers <br />ever request that the property be rezoned to residential, but did agree that <br />there would be no commercial activity from the shoreline in front of his home, <br />such as the construction of a new commerlcal dock and that he would not store <br />boats, etc., on the surface of the property, but that the same would only be <br />used for the purpose of overflow parking and to meet the parking requirements <br />for the number of slips he was currently licensed for. <br />I feel that Mr. Dudley Russell said it best at the public hearing when <br />he stated that the property has always been used commercially, that it should <br />be zoned commercially to conform with its current use that a residence occupied <br />by a manager or owner of a marina would be a desirable situation, that the <br />property that currently exists where the Windward Marina is located would not <br />be suitable for residential use, that Lake Minnetonka needs a certain number <br />'mb.t j