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Telephone 473.7357 A CITY of ORONO Post Office Box 660Crystal Hav, Minnesota 55323•Municipal Offices On the North Shure of Lake Minnetonka August 12, 1980 Mr. Jason Becker 2700 White Oak Circle Long Lake, Minnesota 55356 Dear Mr. Becker: This letter is iii answer to the questions cc,r`ained in your letter to me dated July 28, 1980. 1. You letter of July 8, 1980 to Mayor Van Nest was included in a packet of material sent to the Planning Commission and Council on July 16, 1980, before the Planning Commission meeting of July 21, 1980. 2. Mr. Bruce Malkerson, City Attorney, receives a packet of all materials sent to the Council and he was included in the distribution of your letter as above. 3. I believe that all relevant factors have indeed been reviewed by the City. Mr. Rhode's application No. 546 was accepted and considered as a new application, receiving a complete review as you suggest. In this case, however, the record of his previous application contains a detailed set of concerns, issues, facts and findings pp rtaining to this property, many of which have not changed since 1977. 'Therefore, any emphasis on changes ^ince that time is merely a reflection of the care taken to review new information and proposed modifications from previous conditions. 4. Resolution No. B51 did state that certain conditions must be met before the approval granted therein could be exercised. Any applicant has a right to request reconsideration of City Council action, which Mr. Rhode has now done in his current application. Actually, the question is probably moot anyway because the previous conditions were not met and the previous approval did expire. That is why a whole new application was required and why a whole new application has been reviewed. Many times the City has had to act upon renewal of expiring or Expired variances because the applicant, for what ever reason, had been unable to act within the required time or had considered modifying his original request. If the original approval expires, there is no need to deny it, and such expiration or modification is no reason to refuse consideration of a new request.