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MEMORANDUM <br />TO: City Council <br />FROM: City Attorney",.,. <br />RE: Edward R. Henrich's Request for Zoning Ordinance <br />Variances, Orono, Minnesota <br />File No. 3643-020 <br />DATE: July 19, 1988 <br />Issue <br />Counsel asked for an opinion on whether the existence of a <br />sewer stub at the lot requires a conclusion that lot variances must <br />be granted. <br />BACKGROUND <br />A. The Petitioner <br />Ed Henrich owns three lakeshore lots in the Highwcod Lake <br />subdivision, Orono, Minnesota. Henrich has owned lakeshore lots <br />19, 20, and 21 for 30 years and currently has a residence on lot <br />20. Lot 19 previously had a small year-round cabin which was razed <br />in 1975. Henrich now seeks variances to lot area (.019 acre <br />existing, 1.0 acre zone) and lot width (43.5' existing, 140' <br />required) to enable him to build a residence on lot 19. Henrich <br />does not intend to destroy the residence on lot 20, but rather to <br />erect a residence on lot 19 in addition to the lot 20 residence. <br />For reasons related to his apparent declining health, Henrich wants <br />to sell the lot 20 residence to his son and then move into the new <br />rasidenc:e on lot 19. <br />Lot 19 has always been taxed as an independent parcel. <br />The tax assessment has been based on consideration of the lut as a <br />side yard adjacent to lot 20. From 1970, lot 19 has been assessed <br />a separate sewer unit. <br />B. The Zoniiig History <br />Lot 19 was initially zoned for single-family residential <br />use under the township of Orono Zoning Ordinance adopted <br />November 20, 1950, requiring 15,000 s.f. area for a building lot. <br />In 1959, the minimum building lot size for the City was changed to <br />