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4; Ile <br />C/ rirI <br />MFMORANDUM <br />TO: Orono City Council <br />DATED: .dune 27, 1988 <br />RE: APPLICATION OF EDWARD R. HLNRICH <br />4115 Highwood Road <br />No. 1025 <br />Ladies and Gentleiner : <br />This memo is presented as an outline of the position of <br />applicant, and with the request that it be reviewed and made part <br />of the official record in this hearing. <br />FACTUAL BACKGROUND. <br />Applicant requests necessary variances to construct a <br />dwelling on a pre -exiting lot of record located ir. the Highwood <br />Lake Subdivision. The lot in question contains 50 feet of <br />frontage on Lake Minnetonka and an area of .0193 acres. The lot <br />has a sewer connection and has been assessed for one full sewer <br />unit. The lot is located on Highwood Road. There are 12 parcels <br />located on Highwood P.oad, excluding the parcel owned by <br />applicant, of w',ich 9 are .25 of an acre or smaller; one is .34 <br />of an acre, and two are cheater than 5/10ths of an acre. <br />Applicant has Presented substantial documentation to the Planning <br />Commission and staff, in,-luding physicians' statements supporting <br />the fact that he is medically restric,ed from activities <br />necessary to the continued maintenance of his present dwelling. <br />Mr. Henrich's request is to allow const---uction of a smaller <br />residence and ultimately the sale of the gain residence to <br />applicent's adult child to allow necessary maintenance and <br />medical assistance. <br />I. THE CITY STAFF RECOMMENDATION FOR DENIAL Bi�SED ON THE "SPIiT <br />AND INTENT OF 1HE LR-lB ZONING DISTRICT IS NOT SUPPORTED EY <br />FACTS. <br />The staff in its recommendation places emphasis on the fact <br />that the neighorhood is densely populated. The staff has assumed <br />that. the intent oLP.-lB Zoning District is to provide a density n <br />greater than 1 dwelling per acre. The City of Orono, however, <br />has rountinely granted variances to properties located in LR-1B <br />zones. During the five year period from 1982 to 1987 for <br />example, 17 such variances were granted while only 2 were denied. <br />Of particular significance is the fact that the city of Orono, <br />based on information provided by the Assistant Zoning <br />Administrator has NEVER DENIED RU_IL_DDAA�BILIT_Y TO A LOT ON WHICH A <br />SEWER CONNECTION WAS AVAILADLE AND WHICH HAS PAID A FULL SEWER <br />ASSS::SSMENT_. Of aimMar signs ieance is the act that of the 190 <br />ota-zoned LR 18, only 111 (28%) are equ31 to cheater tt,an 1 acre <br />