01-17-2006 Planning Commission Packet

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. � � ' PETER W. JOHNSON ATTORNEY AT LAW This address by appointment only: Please direct all correspondence/inquiries to: 2305 COMMERCE BOULEVARD 15250 WAYZATA BOULEVARD,SUITE 103 MOUND,MINNESOTA 55364 WAYZATA,MINIYESOTA 55391 TELEPHONE(952)475-1907 FACSIMILE(952)476-0007 EMAIL-PETERJ n.PETERWJOHNSON.COM DIRECT DIAL: (952)475-1907 CELLULAR: (612)741-1907 January 11, 2006 Michael P. Gaffron Director of Planning City of Orono P. O. Box 66 Crystal Bay, Mn. 55323 Re: Alan Munson Variance Application for Hearing before the Planning Commission January 17, 2006 Dear Mr. Gaffron, As you know, I represent Morrie and Virginia Wagener. They own the home at 1420 Bohn's Point Road in Orono and are immediately adjacent to the home now owned by Alan and Deanna Munson. I have reviewed the preliminary information provided to us by your office and I have discussed the matter in some detail with Morrie Wagener. The Wageners' have asked me to advise the Planning Commission that they object to any additional encroachment into the average setback area by the Munsons'. While the - Wageners' wish to be good neighbors, the average setback limitations are intended to preserve and protect existing lake views. In this case, it is particularly important that the ordinance be enforced since the Munson property is oriented almost directly in front of the Wagener's home and guest house. While a portion of the existing Munson home encroaches within the average setback area, the differences in elevation between the Munson property and the Wagener property help to mitigate the negative impact. Unfortunately, if the Munsons' are altowed to build within the average setback area at a height of thirty feet as requested, the negative visual impacts to the Wageners' will be very significant. Consequently, the Wageners' object to any increase in height of the proposed home within the setback area.