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MAL KERSON GILL IL AND MART IN LLP <br />Mayor and City Council <br />City of Orono <br />P.O. Box 66 <br />SUITE 1500 ATa.T TOWER <br />901 MARQUETTE AVENUE <br />MINNEAPOLIS, MINNESOTA 55402-3205 <br />TELEPHONE 612-344-1111 <br />FACSIMILE 612-344-1414 <br />Bruce D. Malkerson, Esq. <br />Direct Dial (612) 344-1699 <br />March 20, 1998 <br />Crystal Bay, MN 55323-0066 <br />Re: Application by Mr. and Mrs. Hauser for a Variance from the Hardcover Standards <br />to be Heard on March 23, 1998 <br />Dear Mayor Jabbour and City Council: <br />Introduction. <br />I represent Mr. and Mrs. Hauser, who have applied to the City of Orono for a variance <br />relating to the hardcover restrictions to enable them to build their proposed home on Bohn's <br />Point Road. This letter is similar to one I sent to the Planning Commission, but it has been <br />updated to reflect the discussion of the Planning Commission on March 16, 1998. I am mindful <br />of the City of Orono's desire to protect the environment within the City, including but not <br />limited to Lake Minnetonka. In fact, I was the City Attorney for the City of Orono from 1973 to <br />1984, after which another member of my then-law firm took over as the lead attorney. Since <br />1984, from time to time I would assist the City Attorney in understanding some of the factual <br />history relating to some of the zoning and other matters that took place while I was the lead City <br />Attorney. I left the Popham Haik law firm in 1984 to act as in-house counsel for a client. I then <br />returned in 1988 to the Popham Haik firm, where I stayed until two years ago when I started my <br />own firm. I note this history to you so that you understand that I have personal knowledge <br />concerning many of the ordinances of the City and the legislative history relating to them. <br />In regard to the hardcover ordinance, as I recall, I drafted it in 1975 after input from the <br />Planning Commission and Council relating to the objectives which were sought to be achieved. <br />At that time, quite frankly, it was a very radical ordinance in that I cannot think of any other <br />municipality that had in effect then hardcover restrictions, other than what was then a 50-foot <br />15264BDM