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Melanie Curtis -'" --- From: Person, Jeffrey A. [jeffrey.per�son@cente�pointe �om] Sent: Thursday, September 02, 2010 12:08 P ��1 r / To: Melanie Curtis %� � t l,�J{ �� Subject: RE: Guest Cabin %� � `��' ` 'f�1 � �� , I will try to meet with you in near future.....some oth r things to consider while we try to come with some sort of plan....My cabin has 4 bedrooms. the septic design is r 4 bedrooms, therefore I cannot use e shed/shower as a "guest" cabin with sleeping quarters. We do not want to uild a 400 square foot buildin� s per the CUP. If anything we would go smaller than the proposed shower/shed which is at sq.ft. Because of,t�� lakeshore and setbacks from the lakeshore my buildable lot area is considerably smaller. Also, the new c i�has now taken up about 90% of my buiidable acreage. A tear down and re-build could be a solution in the long term but I am not about to take on that process right now. My teenage kids can make that call after college. As for now I've notified my builders that footings will not be addressed this year. Look forward to meeting with you next week.. JPerson From: Melanie Curtis [MCurtis@ci.orono.mn.us] Sent: Wednesday, September 01, 2010 4:55 PM To: Person, Jeffrey A. Cc: Christine Mattson Subject: RE: Guest Cabin Jeffrey With the new information you provided (I apologize I wasn't aware that you did not have existingtoilet facilities) I took another look through the Code and tried a few other��twists" but I still can't past the CUP requirement. I am going to be out of the ofFice until Tuesday but I would like to meet with you to discuss your options. Christine indicated that you were intent on setting the footings this fall. Unfortunately, I can't guarantee we can make that work. Your property is less than 5.0 acres in area. A variance is required for a guest cabin on any lot under 5.0 acres. In June of this year, the MN supreme court made a ruling on the way cities were reviewing variances and determined that cities have been using an incorrect interpretation of the definition of Hardship. Their ruling has essentially tied the city's hands regarding variance approvals unless the property cannot be put to a use at all. I have attached the supreme court case information but would encourage you to meet with me at your earliest convenience. I have availability each day next week. Wednesday morning, first thing Thursday morning or Thursday afternoon, or all day Friday. If you have questions this week please contact Christine at 952.249.4620. Melanie Sec. 78-565. Conditional uses. Within any RS seasonal recreational district, no land or structures shall be used for the following uses except by conditional use permit: (2) Guest cabins. Accessory separate dwellings or sleeping quarters containing indoor toilet and/or kitchen facilities located on the same lot, parcel or property as a permitted seasonal dwelling or as a conditionally permitted principal dwelling. A conditional use permit may be issued for one ar more private guest cabins, provided the applicant demonstrates and the council finds that the additional living or sleeping facilities will not contribute to overcrowding or overuse of a small � property or will not adversely affect neighboring properties, and that extra private precautions are taken for fire protection and security of persons and property, as follows: i