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PHONE NO. <br />M STATE OF <br />^DEPARTMENT OF NATURAL RESOURCES <br />METRO WATERS - 1200 WARNER ROAD, ST. PAUL, MN 55106 <br />772-7910 FILE NO <br />September 8, 1994 . ^ <br />,■ -'d <br />Jeanne Mabusth <br />City of Orono <br />P.O. Box 66 <br />Crystal Bay, Minnesota <br />%\h. <br />% <br />55323 <br />RE: GLEN UPTON VARIANCE REQUEST (CITY #1950), LAKE MINNETONKA, <br />CRYSTAL BAY (27-133-21), CITY OF ORONO, HENNEPIN COUNTY <br />Dear Ms. Mabusth: <br />I have reviewed the above-referenced variance request and recommend <br />that the city deny the request in its current form. The DNR would <br />object to any new struc_ures or additions, including decks, being <br />proposed on this site within the minimum state setback from the <br />lake of 50 feet. <br />It appears that a reasonable addition that meets the 50 foot lake <br />setback could be constructed on this site by shifting the proposed <br />addition away from the lake. We would not object if the city <br />approved a modified plan that is outside the 50 foot setback, <br />assuming that the applicant has demonstrated hardship. <br />The courts have said that the applicant has a "heavy burden of <br />proof" to show that all the prerequisites to the granting of a <br />variance are satisfied. This is because a variance allows property <br />to be used in a manner forbidden by the ordinance. <br />The Department should be advised of the action taken on the above <br />request within 10 days of final action and a copy of the official <br />record should be forwarded to this office if the variance request <br />is not denied. Please contact me at 772-7910 should you have any <br />questions regarding these comments. <br />Sincerely, <br />Ceil Strauss <br />Area Hydrologist <br />CCS <br />c: City of Orono Shoreland file <br />AN EQUAL OPPORTUNITY EMPLOYER