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, ��, <br /> ,,, . , <br /> • 4 . The City Council has granted a variance to Mrs. <br /> Gasch so she could build a fence that she thought was neces- <br /> sary and the City Council has eliminated the previously pro- <br /> posed requirement that she plant any shrubs to camouflage <br /> that fence. <br /> 5. Mrs. Parton' s house has been rebuilt on a location <br /> that is the same location generally as the prior location of <br /> the house and therefore Mrs. Parton had a vested right to <br /> construct the house at that location. <br /> 6 . Mrs. Gasch' s house was built subsequent to the <br /> original construction of birs. Parton' s house and Mrs. Parton <br /> is just rebuilding the house on a similar location. <br /> 7. The topography of the Parton property and the <br /> geography of the properties in the area is such that Mrs. <br /> Parton' s house does not interfere with Mrs. Gasch' s view of <br /> the lake in front of her house. <br /> 8 . Mrs. Parton' s house is at least 75 feet back from <br /> Lake Minnetonka, meeting the requirements of the Department <br /> of Natural Resources, the Minnehaha Creek Watershed District <br /> and the ordinances of the City of Orono. <br /> • 9. The present development of Mrs. Parton' s property, <br /> including the location of the house, does not arbitrarily or <br /> unreasonably restrict the use or enjoyment of Mrs. Gasch' s <br /> property nor does it interfere with the enjoyment of use of <br /> other houses in the neighborhood. <br /> 10. The location of Mrs. Parton' s house is not adverse <br /> to the general heal.th, safety and welfare of the citizens of <br /> Orono. <br /> 11. Mrs. Gasch admitted that she knew when Mrs. Parton <br /> commenced the construction of the foundations on her house and <br /> yet Mrs. Gasch failed to indicate timely to the city or to Mrs. <br /> Parton that she f elt that Mrs. Parton' s house was being con- <br /> structed in violation of the ordinances of the City of Orono. <br /> 12. Mrs. Parton's house was not built in violation of <br /> the building code or the zoning ordinances of the City of <br /> Orono but has in fact met all the requirements of same. <br /> 13. The City 5taff of the City of Orono has determined <br /> that Mrs. Parton has constructed the house on a location which <br /> meets the provisions of the Orono Zoning Code that provides <br /> that a house along the lake should be built in such a way so <br /> that it does not interfere with the sight line of adjoining <br /> � <br />