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• . <br />dIEEIWI <br />^ ^ |H|^T^%C|^OUlCT <br />OURTH JUDICIAL DISTRICTerne of, orono <br />S4_6 <br />II.E NO. 7A3063 <br />flNDINGS OF FACT, <br />:0NCLUS10NS OF LAW <br />IND ORDER FOR JUDGMENT <br />Linder signed without a <br />ice. Esq., for plain- <br />e D. Halkerson, Esq. <br />uncil and Mayor Brad <br />V. Stageberg, Esq. <br />sidcred the briefs of <br />eedlngs herein, the <br />act, conclusions of <br />if ter ’’Rhode,” is the <br />, hereinafter "Rhode <br />id. Orono. Minnesota. <br />»ckcr., hereinafter <br />A tract of land in the <br />y.” located at 3145 <br />of record enistinc upon <br />ership in an LR-IB use <br />• _ ) <br />4. The Rhode property does not meet the minimum re- <br />qulrements of the Orono Zoning Code as to area and width for a <br />single family dwelling in an LR-IB use district because it is: <br />(a) only 29,300 square feet in area and (b) only 107 feet wide. <br />5. The area and width are not within 80% of the mini­ <br />mum requirements as set forth in Section 31.202 of the Orono <br />Zoning Code and, therefore. City Council approval of variances <br />was needed before a single family dwelling could be constructed <br />thereon. <br />6. The Rhode property is surrounded on all sides by <br />lakeshore or lots containing existing single family dwellings. <br />7. The Rhode property is unique and the general condi­ <br />tions of the lot are peculiar to it. <br />8. The Rhode property is presently served by public <br />sanitary sewer system. <br />9. The Rhode property has been assessed approximately <br />$6,000, including interest, for a sanitary sewer. <br />• 10. The council approved proposed location of the <br />Rhode house meets the 35 foot front yard, 10 foot side yard and <br />30 foot rear yard requirements of the Orono Zoning Code. <br />11. A prior house, now renuved, was approximately <br />40 feet from the lakeshore on the Rhode property and was near the <br />RHode-Becker property line. <br />12. The Beckers live immediately north of the Rhode <br />property in a two story home which contains approximately 2950 <br />square feet per floor and which is located only about ten feet <br />further from the lake than Rhode is permitted te build under <br />the granted variance. The Beckers' house front is parallel to <br />the north end of the front building line approved for Rhode. <br />13. The Beckers' lot Is deeper than Rhode's lot, but <br />the Beckers' lot has 23 feet less shoreline than Rhode's lot. <br />14. There are presently in the chain of title two <br />easements which purport to provide for a walkway over the Rhode <br />-2- <br />i