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1 j <br /> . + + � <br /> PC Exhibit K <br /> STEINER& CURTISS, P.A. <br /> ATTORNEYS AT LAW <br /> 400 WELLS FARGO BANK BUII..DING . <br /> 1011 FTRST STREET SOUTH <br /> HOPKINS,MN 55343 <br /> JEREMY S.STEINER* <br /> WYNN CURTISS <br /> JASON T.HUTCHISON <br /> •xeat Property Law Specia[ist,cerritied (952)938-7635 <br /> by the Minnesota State Baz Associallon FAX(952)938-7670 <br /> Writer's Direct Dial No. 952-938-6219 <br /> October 7,2009 <br /> Melanie Curtis,Planning and Zoning Coordinator BY EMAIL , <br /> City of Orono <br /> 2750 Kelley Parkway <br /> Orono,MN 55356 <br /> Re: Variance& CUP Application for 3382 Bayside Road <br /> Dear Melanie: � <br /> This letter is submitted on behalf of Michael and Marilyn Huthwaite in response to your email of <br /> Octaber 6 requesting that the Huthwaites address certain issues identified in the October 6, 2009,letter <br /> from the City's Engineer commenting on the Huthwai.tes'proposed plans. The issues identified in the City <br /> Engineer's letter are to be addressed as follows: <br /> 1. It is not anticipated that the proposed retaining wall will exceed four feet in height. If it � <br /> does, ihe Huthwaites acknowledge it will be necessary to comply with the requirements of the City's <br /> ordinances regarding the design a.nd construction of the retaining wall. <br /> 2. The Huthwaites are in the process of retaining a consultant to delineate and classify the <br /> "unclassified.wetland"referred to in the City Engineer's letter. We expect to have the wetland delineation <br /> and classification completed,have the survey revised to show the boundaries of the wetlands and deliver <br /> those documents to you by October 12. <br /> 3. As we discussed when I called you on Monday,the Huthwaites plan to keep the existi.ng <br /> buckthom hedge in place. This is an attractive,mature hedge providing screening that benefits both the <br /> subject property and surrounding properties. It is important to the Huthwaites that the hedge not be <br /> removed. The landscape azchitect has advised us that the type of buckthorn in this hedge is a nursery stock <br /> variety,not wild buckthorn. The Huthwaites are obtaining a letter.from the landscape architect describing <br /> the hedge and the reasons it should not be removed. That leiter will be delivered to yau by October 12. <br /> 4. The Huthwaites would like to construct the proposed foat bridge shown on the plans in <br /> order to be able to access the southerly portion of the subject property,which is separated from the rest of <br /> the property by Stubb's Bay Creek. They acknowledge that,if they do construct the proposed bridge,they <br /> Huthwaite/CurtisLtr3 <br />