07-14-1986 Council Packet - Laserfiche WebLink

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MACKINNON, STANDKE & GREENE, LTD. LAW nFFICES 1 771 7 HIGHWAY 7 MINNETONKA, MINNESOTA 55345 DAME S D MAC:K INNON RDEYERT A STANDKE MARM: E GREENE DANIEI El GREENSTEIN ERICC ❑AMMEYER June 19, 1986 Mayor and Council Members City of Orono Crystal Bay, Minnesota 55323 Re: Application 11o. 1022 Charles A. Schall AREA CODE G12 F LE, Pk�ONE47.1322i Our offices represent Stan and Betty Rudd with respect to the above application. In your review of the variance request, I would like you to consider two things. First, if you have been able to take the time to visit the site, I think you will realize that in this area of Orono the houses are very close together. Immediately to the north of the Rudds' house there is a very high, shear wall and building, and the Schalls' proposal would create a similar structure immediately o the south. The net effect would be to close the Rudd property in to the extent that they would feel more like they were living in a townhouse than on a lake lot. It is effects ich as this that I believe you are: to consider when you are balancing the supposed "hardship" of an applicant against the invasion of the rights of the neighbors. Secondly, I would like to point out to you that I do not think that the Council has the legal authority to grant the application as presented. It is my understanding that in order tv grant the request, you need to find a bonafide hardship. I understand that it is commonly held that every house deserves a garage and in this day and age it is reasonable to provide, where possible, that a house would have a two -car garage. In this case, the need fir the garage and its practical location pr3bably do provide a bonafide hardship fo- the construction of a garage, but the hardship clearly ends there. There is absolutely no evidence whatsoever that there is any hardship with respect to the desire to builx a bedroom above the garage. The Schalls have stated variously that they would like an