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• m m m <br />L <br />M <br />phomeno. <br />STATI Of <br />^DEPARTMENT OF NATURAL RESOURCES <br />METRO WATERS - 1200 WARNER ROAD, ST. PAUL, NN 5S10S <br />772-7910 FH£NO. <br />September 8, 1994 <br />Jeanne Mabueth <br />City of Orono <br />P.O. Box 66 <br />Crystal Bay, Minnesota 5S323 <br />RE: GLEN UPTON VARIANCE REQUEST (CITY #1950) , LAKE MINNETONKA, <br />CRYSTAL BAY (27-133-21) , CITY OF ORONO, HENNEPIN COUNTY <br />Dear Ns. Nabusth : <br />Z have reviewed the above-referenced variance request and recommend <br />that the city deny the request in its current forai. The DNR would <br />object to any new structures or additions, including decics, being <br />proposed on this site within the minimum state setbacX from the <br />lake of 50 feet. <br />It appears that a reasonable addition that meats the BO 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 />CiJ) <br />Ceil Strauss <br />Area Hydrologist <br />CCS <br />c: city of Orono Shoreland file