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Erickson 952-473-4855 p. 1 -------------·. FROM FAEGRE & BENSON Planning Commission City of Orono 2750 Kelley Parkway1 P.O. Box 66 Crystal Bay, MN 55323 {WED) 11. 10' 04 14:06/ST. 14:05/NO. 4863847942 P 2 November 10, 2004 Re: #04-3057, Variance Request-560 Big Island Dear Members of I.he Orono Planning Commission: You should recommend denial of the variance in case #04-3057 -560 Big Island for a number of reasons. l am familiar with the property since I own the large parcel that abuts it to the north. l have owned this property for many years and have taken great interest in the zoning history of Big Island. Orono has put a 5 acre n1inimum lot si7.c requirement on Big Island for good reason. Reason.c; for the 5 acre minimum lot size prominently include prote~ion of the critical environment tor waste treatment and for access. In the application before you both issues dictate a denial. Until access is determined, this application cannot be granted. At the vecy least, it should be tabled until the Mora1orium is ovet'. Since you may be under the gun of the 60 day rule. the lack of access and the existence of the MoTa.torium are reason enot1gh upon which to base a denial. Cities uniformly deny applications that are submitted in the face of a Moratorium. If access has not been detennined, you cannot make the findings required in your ordinance. If the applicant grants you an extension orthe 60 day rule~ table the matter. If you do not get ao extension. you must deny based on the Moratorium. The :second reason for a denial is that this lot is too small to handle waste disposal. 1t is contrary to Orono's policies to give variances where this threat exists. You must find "undue hardsrup" before you ~an gra.llt a variance. Thl.lrt, is much property on R;g Island thar is unbuildable. There is nothing new about that. People still enjoy the benefits of owning and using the pTope11y. Nothing in reality, nothing in the law dictates that just because someone owns property means they can put a building on it. There are plenty of uses this property can be put to. A variance to put up a home is one of them! Sincerely, Ml :11$7601,01