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OPPENHEIMiR V1/OLFF FOSTER SHEPARD AND DON N ELLY Mayor and Council Members May 3, 1982 Page Five present one of the clearest cases for a variance from the strict application of the Orono ordinance 'These facts seem to be fairly self-evident: 1. The conditions applyinn �o this development are peculiar to this property because it involves a penir.st 3, rather than a typical lot fronting water on one side only. 2. The conditions at Baidur Park do not generally apply to other land or structures, and no unwanted precedent would be created in this situation because the variance would apply only to this unique peninsula. 3. Because the plan has been rrofessionally designed to eliminate any additional runoff, the plan will not in any way impair the health, safety, comfort, or morals of the City of Orono and its people, and it will be totally consistent with the intent of the zoning code. 4. The owner of property is entitled to reasonable development of the property. Hundreds of thousands of dollars have been invested in this project and the hard- ships which would be imposed upon ':bnka Lake Properties by rejecting one or more of the building sites would deprive the owners of this substantial property right. The hardship to them would be no less than if, for example, ,_he City refused some other owner of .a single 50-foot lot to construct upon it. Tonka Lake Properties is not asking for a variance for convenience sake --in fact, it has made every effort (at considerable delay and expense) to add special features to the PRD to comply with the intent of the zoning ordinance. In conclusion, the deliberations of the City Council and Mayor can be simply reduced to this: The proposed plan, prepared by a pro- fessional. planner with the input and assistance of City staff and commissions, satisfies the intent of the zoning code in all .expects and avoids the problems which are intended to be prevented by the zoning code. When all the technicalities are put aside, one cannot help out view this plan as a beneficial addition to the City of Orono with aesthetically pleasing residential development, huge amounts of open space retained along the shoreline of Lake Minnetonka, and no additional runoff than presently exists. 'here are not many places on Lake Minnetonka wharf, four homeowners can share over 1,700 fe(,t of lakeshore (more than 4`5 feet per hryw-) and over 2 acres of land.