03-21-2005 Planning Commission Packet

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� PERRY, PERRY & PERRY ATTORNGYS AT LAW • SUITE 270, PARKDALE 1 STG�VART R. PERRY �401 GAMBLE DRNE SHAWN M. PERRY MINNEAPOLIS, MINNESOTA 55416 LFGAL ASSISTANI': SHANE C. PCRRY TELEPHONE: (952)546-355J 1EROME L. JAYNES F,aCSiM�t,E: (9�2)546-3855 e-MA►L: stewaitperry@perryperryperrycom HAND DELIVERED March 21, 2005 Planning and Zoning Commission City of Orono 2750 Kelly Parkway Orono, MN 55323 Dea�•Commission Members: At 6:00 p.m. today there is a ineeting on a variance requested by Ted and Debbi Rozeboom, our next door neighbors at 2967 Casco Point Road. We live at 2975 Casco Point Road. I have owned my home since 1968. The reason I am delivering this letter is because I have a scheduled medical procedure commencing at 2:45 this afternoon. I do not know when I will be home or what state of clarity I will be in, but because your meeting commences at 6:00 p.m., and because of inedications I will be receiving in connection with the procedure, I am not allowed to even drive afterwards, I thought it best to deliver this letter this morning. I wish to explain why this is just being delivered today. During tlle week, I spoke with my neighbor, Ted Rozeboom. He assured me that if I was unhappy with just the removal of the framing around the hot-tub (the hot-tub is the core of our controversy) he would move the whole hot-tub. Yesterday he changed his mind. He would only commit to removing the framin� which blocks the view of the lal�e from the bedrooms on our north side of the house, but would not commit to removing the hot-tub unless ordered by the Commission to do so. This letter is submitted to object to the present location of � the hot-tub or any work that would result in our obstruction of the lake view. Here is the history: before the hot-tub was put in, my wife enjoyed being in the large bedroom where her elderly parents have stayed with us every year for the past 17 yeai•s during the suminer. They live , in Florida and visit us froin 1 to 2 inonths a suinmer, using that bedroom. My wife would sit in the rocking chair, or lie on the bed, in a rooin we made over just for them, talking to her mother for hours on end, looking out on the lake. That was their private time together. They are very close. After the hot-tub was put in, she told rne how she had been depressed, to the poi»t of crying on occasion because of the obstruction of the lake view. Abotit two years ago the hot-tub was put in. It is right on the boundary line between the houses, whicll are close to each other. The hot-tub is 8'9" from our house. The wall around the hot-tub is even closer, 6'2" from our house. (See photos attached) The hot-tub framina, which almost entirely blocks the view to the lake, encroaches onto our property. (See photos showing boundary stakes) If left unchanged, this may constitute a cloud upon our title, I have been told.