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PHONE NO. <br />STATE OF <br />I, DEPARTMENT OF NATURAL RESOURCES <br />METRO WATERS - 1200 WARNER ROAD, ST. PAUL, MN 55106 <br />772-7910 F'LENO <br />September 3, 1994 <br />Jeanne Mabusth <br />city of Orono <br />P.O. Box 66 <br />Crystal Bay, Minnesota 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 racoxnaend <br />that the city deny the request in its current fora. The DNR would <br />object to any new structures or additions, including dec)cs, being <br />proposed on this site within the ainim\ia state setback froa the <br />lake of 50 feet. <br />It appears that a reasonable addition that aeets the SO foot lake <br />setback could be constructed on this site by shifting the proposed <br />addition away froa 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 coxirts 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 a;-a satisfied. This is because a variance allow property <br />to be uso'li in a manner forbidden by the ordinance. <br />The Departaent 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 />e <br />Ceil Strauss <br />Area Hydrologist <br />CCS <br />c: City of Orono Shoreland file