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MAL KERSON GILL IL AND MART IN LLP Planning Commission City of Orono P.O. Box 66 SUITE 1500 AT&T TOWER 901 MARQUETTE AVENUE MINNEAPOLIS, MINNESOTA 55402-3205 TELEPHONE 612-344-1111 FACSIMILE 612-344-1414 Bruce D. Malkerson, Esq. Direct Dial (612) 344-1699 March 16, 1998 Crystal Bay, MN 55323-0066 Re: Application by Mr. and Mrs. Hauser for a Variance from the Hardcover Standards Dear Members of the Planning Commission: Introduction. I represent Mr. and Mrs. Hauser, who have applied to the City of Orono for a variance relating to the hardcover restrictions to enable them to build their proposed home on Bohn's Point Road. I am mindful of the City of Orono's desire to protect the environment within the City, including but not limited to Lake Minnetonka. In fact, I was the City Attorney for the City of Orono from 1973 to 1984, after which another member of my then-law firm took over as the lead attorney. Since 1984, from time to time I would assist the City Attorney in understanding some of the factual history relating to some of the zoning and other matters that took place while I was the lead City Attorney. I left the Popham Haik law firm in 1984 to act as in-house counsel for a client. I then returned in 1988 to the Popham Haik firm, where I stayed until two years ago when I started my own firm. I note this history to you so that you understand that I have personal knowledge concerning many of the ordinances of the City and the legislative history relating to them. In regard to the hardcover ordinance, as I recall, I drafted it in 1975 after input from the Planning Commission and Council relating to the objectives which were sought to be achieved. At that time, quite frankly, it was a very radical ordinance in that I cannot think of any other municipality that had in effect then hardcover restrictions, other than what was then a 50-foot setback of principal structures from the lake, which later became a 75-foot setback in the City of Orono and elsewhere. At that time, we developed these hardcover standards without having, as I recall, any empirical data to support the percentages that were set forth in the proposed ordinance. This was in part because of the lack of data available. However, it was thought that the percentages that were adopted would generally allow for the development of high-quality homes around the lake, J5264BDM