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MASON C. BECKER <br />2700 WHITE OAh CIRCLE <br />LONG LAKE. MINNEBOTA 55356 <br />HIRE <br />-ftNr <br />July 8, 1980 YKJAN 06 <br />REGISTERED RETURN RECEIPT REQUESTED " y I` <br />Mayor Wm. Brad Van Nest <br />City of Orono <br />1' . 0. Box 66 <br />Crystal Bay, Minnesota 55323 <br />Dear Mayor Van Nest: <br />At the Council meeting on June 30, 1980, you indi- <br />cated that even if the easements held by Hannah and <br />Stewart were legal and valid as adiudged by a court <br />of law, Jack Rhode should still be allowed to build <br />on the lot at 1410 Bohns Point Road You may recall <br />that when I asked why this issue wa not being re- <br />ferred to the Planning Commission fc discussion, <br />there w, ; a lot of "hemming and hawi..g" and Bruce <br />Malkerson made the statement that "the easement issue <br />did not ever come before the Planning Commission." <br />Jim Swenson, attorne- for Mr. Rhode, noted at this <br />point that the matter had come before the Planning <br />Commission. <br />1) I believe it is Procedt-all incorrect for this <br />matter not to 5e re_'err-ed to the Planning Com- <br />mission for the following reasons: <br />a. I believe the minutes of the Planning Com- <br />mission meetings will show that it was <br />discussed. <br />b. Mr. Rhode is really asking for a new variance. <br />There are a number of changes in tTc original <br />variance which are substantial. As a new <br />variance, it is required by Code to go to <br />the Planning Commission (Sec. --2.330). <br />C. Even if the Code did not specify that new <br />and revised variances should be submitted <br />to the Planning Commission, it is only fair <br />that the Commission, in making its recommen- <br />dation to the Council, consider the fact that <br />the easements which the City of Orono declared <br />