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STATE OF <br />PHONE NO <br />^DEPARTMENT OF NATURAL RESOURCES <br />METRO WATERS - 1200 WARNER ROAD, ST. PAUL, MN 5Sy(|„Q <br />772-7910 <br />MAR 2 2 19* <br />* <br />March 20, 1995 <br />Ms. Jeanne Mabusth <br />City of Orono <br />P.O. Box 66 <br />Crystal Bay, Minnesota 55323 <br />RE: MITCHELL VARIANCE APPLICATION (CITY #1997), LAKE MINNETONKA - <br />BROWNS BAY (27-133-28), CITY OF ORONO, HENNEPIN COUNTY <br />Dear Ms. Mabusth: <br />I am responding to Bob Mitchell's March 14, 1995 letter (which you <br />were copied on) and Mr. Mitchell's March 10, 1995 letter to the <br />City Council. <br />You and i discussed the original proposal for this site in a <br />telephone conversation. At that time I noted that the existing <br />nonconformities should be reduced. I specifically suggested that <br />the house meet at least a 25 foot setback since it would then at <br />least be out of the minimum "shore impact zone" required by the <br />State. I also saw opportunities to replace portions of the <br />existing gravel driveway area with a grass or vegetated strip. In <br />addition, I agreed that some type of variance would be required to <br />allow for a reasonable use of the property. <br />After meeting with Mr. Bob Mitchell on 3/10/95 and learning more <br />about the features of the site in question and neighboring <br />properties, I can elaborate on my earlier verbal comments. The <br />main DNR concern is that whatever the city approves involves an <br />improvement over the existing situation and that the existing non­ <br />conformities be reduced, i.e. that the house be set back more than <br />the existing 17.5 feet and that the impervious surface be reduced. <br />Since the city's structure setback requirement is 75 feet, the <br />shore impact zone would be the area within 37.5 feet of the lake. <br />Therefore, it is really the 37.5 foot setback that is at issue here <br />rather than the State's 25 foot minimum. I agree that the house <br />could not meet a 37.5 foot setback on this lot. While I prefer to <br />see the house meet the State's 25 foot minimum setback (for lots of <br />record that have adjoining lots with average setbacks of 25 feet or <br />less), it is not essential since it is the city's shore impact zone <br />of 37.5 feet that is the distance of concern. We will not object <br />to a main lake setback that is increased to at least 20 to 25 feet, <br />as long as the City Council finds that shifting the proposed house <br />a few feet back towards the main lake would best meet the intent of <br />the city's regulations. In particular, we understand that the main <br />lake setback must be balanced with the lot line setback concerns <br />and staying out of the floodplain. <br />AN EQUAL OPPORTUNITY EMPLOYER