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r <br />p I: T n r< s i. N . r r: w .s ft .s ».i.t 11 r i. s <br />PRO'CSSiONAL A*SOCi*’ION Ms. Jeanne A. Mabusth <br />Page 2 <br />July 26, 1904 <br />Subdivision is an extremely old subdivision, and was originally <br />platted on February 21, 1893, by Mr. and Mrs. Curtis Coffee, <br />Mr. Walter Webb, and Ms. Laurti Jones. The platters had a vision <br />of a tasteful development of Cryst«il Bay, and obtained approval <br />for the plaiting of 41 buildable lots on Crystal Bay. The <br />original proprietors had the intention of allowing 41 homes to be <br />built on the lake, with all of the lots having the feature of <br />lakeshore property. The original plat sets forth the length of <br />lakeshore for each lot, and the varying lengths are as follov/s; <br />Feet of Lakeshore Number in Original Plat <br />50 <br />55 <br />60 <br />75 <br />91 .4 <br />6 <br />4 <br />27 <br />3 <br />1 <br />1 have enclosec’ a copy of the original plat for your review. <br />John Ericsop has been a citizen of the City of Orono since the mid <br />1940's. John's parents acquired two lots in the Shadywood <br />Subdivision in 1947. I have enclosed photocopies of the original <br />Certificate of Title regarding the acquisition. As you can tell <br />from the legal description of the properties involved, two lots <br />were acquired by the Ericsons. John and Barbara Ericson acquired <br />the subject properties in 1901, purchasing the lots from John s <br />parents. Again, from the clear language on the deeds, the two <br />lots were conveyed. I have enclosed a copy of that Certificate of <br />Title as well. <br />It is interesting to note that of the 41 lots originally platted <br />in Shadywood, 27 of them have 60 feet of lakeshore. The Ericsons' <br />existing home (on lot 4) has 60 feet of lakeshore. The home for <br />which the variance is requested has 65 feet of lakeshore (60 feet <br />from lot 3 and 5 feet of lot 2 which t)>o Ericsons also own). From <br />a review of the original plat, the first 27 lots in a row all <br />contain 60 feet of lakeshore. Perhaps the most striking or <br />dominant trait of the character of this neighborhood is the fact <br />that all of the homes sit on lots containing 60 feet of lakeshore <br />property. <br />In addition to the Orono Municipal Code, the Ericksons' request <br />for a variance is subject to Minnesota Statute 462.357, which has <br />been characterized as the enabling legislation for all municipal <br />zoning ordinances. See Cost ley v. Caromin House, 313 N.W.2d 21 <br />(Minn. 1901).