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12/11/2006 MON 13: 03 FAX 9524760007 Peter W. Johnson 2002/003 • • Page 1 of 1 Peter W. Johnson From: Peter W. Johnson [peterj@peterwjohnson.com] Sent: Monday, December 11, 2006 12:30 PM To: 'City of Orono (mgaffron@ci.orono.mn.us)' Subject: Munson Application Planning Application #05-3135 Mr. Gaffron, Thank you for providing copies of the latest revisions to the Munson application. 1 reviewed the latest revisions and shared my conclusions with Morrie Wegener. Based on our understanding of the proposal, the Wageners have no objection to the proposed issuance of a CUP for additional fill. The Munson plan now locates the home behind the average set-back line such that no set-back variance will be necessary. The revised plan proposes to locate the first floor elevation at 935.2 (compared to the existing floor elevation of 934.34) and (by scale) proposes the building height at 32 feet. As we understand the proposal, the top of the parapet would be at 937.2 and no chimneys are planned. Since the height limit under Orono ordinances is 938.5, no height variance is necessary, and no CUP has been requested for any chimneys. The grading and drainage plans do not specify placing fill against the Wagener's retaining wall and no drainage from the Munson property is directed onto the Wagener's property. As we discussed, the Wagener's would object to importation of fill for the purpose of raising the elevation of the home artificially. The Munson's propose to raise the floor of the home by approximately one foot and I assume that change is to address a construction issue or condition. Adding fill to raise the profile of the home would violate the intent of both section 78-967(b)(1)and section 78-1250(1)(b)and would be grounds to deny the requested fill CUP. Based on the current application, the Wageners will not be appearing in opposition to the Munson's plan. Should there be an upward change to the proposed elevation of the home, I request that the Wageners be given an opportunity to review the proposa and respond before final council action. Thank you for your assistance in this matter. Peter W. Johnson 15250 Wayzata Boulevard, Suite 103 Wayzata, Minnesota 55391 peterj@peterwjohnson.com Phone: 952-475-1907 Fax: 952-476-0007 Cell! 612-741-1907 The contents of this e-mail message and any attachments are intended solely for the addressee (s) named in this message. This communication is intended to be and to remain confidential and may be subject to applicable attorney/client and/or work product privileges. If you are not the intended recipient of this message, or if this message has been addressed to you in error, please immediately alert the sender by reply e-mail and then delete this message and its attachments. Do not deliver, distribute or copy this message and/or any attachments and if you are not the intended recipient, do not disclose the contents or take any action in reliance upon the information contained in this communication or any attachments. 12/11/2006