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If} <br />I <br />Mayor Wm. Brad Van Nest <br />III <br />July 8, 1980 <br />Page 11 <br />don't we have a subdivision? And, as a legal <br />subdivision, how can a variance be granted? <br />How can the area of the easements be included <br />in calculating the size of Rhode's lot?^ The <br />"facts"are that the lot is substandard in width <br />and size; that a number of families are using <br />the lot, making it a multiple-use lot; and that <br />the value of the Becker house will be adversely <br />affected by placing a home in close 'proximity <br />(26 feet away). Historically, when there have <br />been a number of conditions which make a lot a <br />multiple-use or out lot, and when a neighbor <br />who is affected objects, the Council has re­ <br />fused a variance. Why is that practice not being <br />continued in this instance? In this same regard, <br />the neighbor on the other side of 3145 North <br />Shore Drive has apparently granted some kind <br />of easement to the brick home directly behind <br />mine since there is now an enlarged dock with <br />two boats on that narrow lot (less than 100 feet) <br />and one of the boats is for a home without lake <br />access which requires the neighbors and their <br />friends to walk across the lot adjacent to mine <br />on the other side from Rhode's lot. This means <br />that there are at least three easements immedi­ <br />ately adjacent to my lot, and at least five <br />families (plus friends) using the two lots on <br />either side of me fronting on Lake Minnetonka. <br />I have always said that in my attempt to be fair <br />to Mr. Rhode, I would accept a variance to 1410 <br />Bohns Point Road providing the City stipulated <br />that Rhode's house must be built in the approxi­ <br />mate same area as the cairiage house. This de­ <br />cision, which I believe would be fair to all parties <br />including the L.'uers, Beckers, easement holders,* <br />and Rhode, is the only solution I can think of <br />to a problem which is complex, at best. Soil <br />tests and statements by an impartial architect <br />in court prove that there is no reason why Rhode <br />cannot erect a house in the vicinity of the <br />carriage house. No one would be hurt by such a <br />decision since it would place a modern house on <br />the site of a run-down carriage house. <br />it <br />Yours truly. <br />JCB:bbb <br />cc: Thomas M. Mayerle <br />Faegre 5 Benson