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lymanLumbef Company <br />e <br />300 MORSE AVENUE • MAILING ADDRESS: P. O BOX 40 • EXCELSIOR. MINNESOTA 55331 • TELEPHONE 612-474-5991 <br />THOMAS P. LOWE <br />Prn*dent <br />R. L. OfPAUW <br />Vice President <br />May 8, 1980 <br />TO: THE PLANNING COmiSSION AND COUNCIL <br />RE: BRUCE HEPP SUBDIVISION <br />Lot 9, Shore Hills <br />I have had a chance to review the zoning and platting ordinances of the City <br />of Orono and request that the planning cotimission and council consider the <br />following points in regard to the proposed subdivision of Lot 9. <br />1. SECTION 39.010 <br />This section refers to piecemeal planning of a subdivision. It is obvious <br />that some thought to planning had been done on the original plat. Why <br />now should the planning commission or council change what a prior council <br />and developer had agreed was good planning? Mr. Hepp is under no hardship <br />nor suffers any impairment in his ownership of the present lot. <br />For the planning commission or council to approve the proposed subdivision <br />would appear to engage in piecemeal zoning which clearly is not the intent <br />of the platting ordinance. <br />2. SECTION 39.140 PARAGRAPH 3 <br />"Each lot shall adjoin a public street". This is a performance standard <br />required by the village. If this standard cannot be met, the subdivider <br />must ask for a variance. Under Section 32.310 the council may grant a <br />variance "where there are practical difficulties or particular hardships". <br />It is hard to see where Mr. Hepp is suffering a hardship or particular <br />difficulty in subdividing this lot. <br />3. SECTION 32.340 <br />Before granting a variance the city council shall find under Sub Section E: <br />"that the granting of such variance will not merely serve as a convenience <br />to the applicant but is necessary to alleviate a demonstrable hardship <br />or difficulty". Clearly Mr. Hepp is not entitled to relief from the sub­ <br />division requirements since he is suffering no hardship and cannot <br />demonstrate a difficulty with the existing lot. <br />L. <br />t.• y <br />!i <br />*.*!' <br />I <br />• i <br />.1t <br />- <br />* <br />'. ♦ <br />»# <br />* ♦• •t <br />I <br />' *1 <br />? ’ll