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EXHIBIT O'NEILL J. GRAT14WOL 1905-1974 JAMES N. GRATHWOL LOUIS B. OBERHAUSER ROBERT K. RANDALL JOHN W HENDRICKSON, JR. TIMOTHY O. GRATHWOL KURT D. SCHUMAN GRATHWOL. OBERHAUSER & RANDALL. LTD. A7TORNEYS AND COUNSELORS Ar LAW 1421 E WAYZATA BOULEVARD - SUITE 210 WAYZATA MINNESOTA 55391 March 7, 1983 1 t i MAR THE HONORABLE MARY Bun ER, MAYOR AND QOUNCIL WMBERS FOR THE: CrrY OF ORCM CITY OF ORONO P.O. Box 66 Crystal Bay, MN 55323 Re: Zoning aml Nan -Conforming Use Our File: 7461-1 Hear 'Mayor Butler and Members of the Orono City Council: 1612) 475.2401 After reviewing the information compiled by staff and the recommendations of the Planning Comnission, it becomes apparent there is a conflict between the City's obligation to protect the property rights of the general public versus a Aesire to promote the economic welfare of an applicant. The issue is a give-away of the City authority to control the subdivision of land for the protection of the public health, safety and welfare by granting a variance Where there is no grgxuAs for :icing so. I first question whether or not the applicant for the subdivision comes to the City with clean hancls. The applicant and all prior awners were attor- neys Who have owned property in the City of Orono and are well versed in the laws and regulations concerning the use and subdivision of property within the City of Orono arxi as a propwrf-v -Wner has received notices of all actions by the City concerning of their rroperty. For Mr. Primus to profess that ne is a victim of circumstances •-util was unaware of the situation, would test the credulity of the mist reeophyte member of tt►e City goverrunernt. The primary purix-)se of governunent is to control the LISP of private property by not allowing an owner to act in a mariner which is Ietrimental to the general health, safety, mx-1/nr welfare of the public. To satisfy this pur- pose the Council should nrnt grant variances t:) individual rwoperty awners because the existenap of some regulation restricts that person's use of hia property. The only 1x uni for legally granting a variance is har•iship, otherwise the regulation Ahrxn l ° l he dianga l . In this raase we have a classic ex2u*ple of a situation Where the City Cbw.cil cats exercise its police power b-) p rott x-t the general health ani welfare of the onrrvmunity ani the interests of the citizens throty.1h the IN-aper vrlica- tion of its regulations.