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JOHNSON, MACDONALD, WEST & TIERNEY <br />CHARTERED <br />WALTER S. JOHNSON ATTORNEYS AT LAW <br />GECRGE C. MACDONALD 116 NORTH CENTRAL AVENUE <br />RICHARD H. WEST BUFFALO, WiNNESOTA 55313 <br />KEVIN J. TIERNEY M12166? 1343 <br />662.2594 <br />JAN C. LARSON METRO: 1612) 475.2103 <br />477.5660 <br />May 10, 1988 <br />Mr. Ed Henrich <br />4125 Highwood Rd. <br />Moui.J, MN 55364 <br />c:ear Ed: <br />As we have discussed, I have reviewed your proposal to,,split <br />,off, -one of the three lots which you presently own as a separate <br />building site and construct a dwelling on it. It i.s my <br />understanding that the lot and parcel in question is the lot <br />adjacent to your present home on the east, being the lot th;It the <br />"re n al house" was located on before you removed it. It is <br />further my understanding that this lot was created at the time <br />the subdivision was platted near the turn of the century, that <br />the "rental house" was constructed rior to your ownership, and <br />that the house was in existence perhaps fifty years ago or more, <br />and.-tbatyoyuu have been assessed and pa-1 a full charge for sewer <br />14nd waterlat the time the services wer•Y made available by the <br />City. /VC <br />Based on the above factual data, I have had my staff obtain <br />and review each of the variance applications within the LR-lb <br />building d�•-ict of the Cit,, of Orono. I have attached to this <br />let­r a be synopsis of each of these actions. Please note <br />r.' r1r is stated for grantii,g the variances in the M^uns`l, <br />How�il, and Kaplal applications seem to fit your <br />.n.�,,,chof th se cases, there was a full assessment <br />e the land was owned h,� the applicant prior to <br />imp.,:,nentaa zoning code; there was no any additional <br />laced available which could Lave been combined with the parcels to <br />increase the lot size:; and denial of thr right to build and/or <br />rebuild created a hardship the owner of the property. Of <br />particular importance is the �stat.emcnt ride in the Kaplan matte,_ <br />that the City, by r-quiring a full assessment for sewer and water <br />in effect confirmQd the buildability of a lot. <br />I have also noted in the list, a previo,s application in <br />which a variance request was denied. :his was in reference to the <br />Fisk application (number 82n the City files.) In that <br />instance the City had recogn.. the non -buildable nature of the <br />lot and required only a half er and water assessment, thus <br />indicating that future buil would not be permitted at that <br />si to,. <br />