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SAM T COUREY <br />ROBERT P SCHWINN <br />GEORGER KODADEK <br />JOHN B WALDRON <br />COURFY, SCHWINN & KOd <br />A PROFESSIONAL ASSOCIATION <br />ATTORNEYS AT LAW <br />SUITE 300. 4GO MARQUETTE AVE <br />MINNEAPOLIS MINNESOTA 554 <br />TELEPHONE 16121 339•0441 <br />March 2, 1988 <br />Michael Gaffron <br />Assistant Planning & Zoning Administrator <br />City of Orono <br />P.O. Box 66 <br />Crystal Bay, Minnesota 55323 <br />Re: John and Lynn Waldron Property <br />1951 Concordia Street <br />Dear Michael: <br />"S <br />K MAR _ 3 OH <br />LAWRENCER ALTMAN <br />CAROL C SHEPPARD <br />SANDRA F GILBERT <br />This letter sets forth our arguments in support of the most <br />recent proposal of ours to remedy the bank erosion problem created <br />by the July 23, 1987, storm. As you can see from the sheets <br />enclosed with my letter of February 29, we are no longer proposing <br />a walkout cut but rather are proposing a regrading of the <br />lakeshore yard to reduce the elevation of the yard three feet over <br />the area in front of the house where the severe erosion occurred. <br />Thus, we would be cutting back the lakeshore slope at its crest, <br />which is one of the recommendations of the Hennepin Conservation <br />District as outlined in their Memorandum of August 14, 1987, a <br />copy cf which was attached to the Staff Report of December 9, <br />1987. <br />First, and foremost, we continue to maintain that the July 23 <br />storm created a severe physical hardship on our property within <br />the meaning of the city ordinances. In other words, our plight is <br />due tc circumstances unique to our property and not created by us. <br />Although other properties on the lake suffered bank erosion <br />problems, this fact does not destroy the unique character of the <br />occurrence. The uni:rueness stems from the fact that the situation <br />is not one generally prevailing in the locality. <br />Cre of the reasons for the Planning Commission recommending <br />denial of our walkout proposal was that the walkout cut was not <br />related to the bank erosion stabilization needs. Our present <br />proposal is clearly related in that it is one of the <br />recommendations specifically made by the Hennepin Conscrvation <br />District to deal with a bank erosion problem such as this. <br />As you know, the City Engineer has stated that our present <br />proposal is neutral from an engineering standpoint with the other <br />proposed methods of bank restoration suggested by the City <br />