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MINUTES 6/27/88 <br />EXHIBIT A <br />Page 1 of 4 <br />•a t <br />p 4 <br />MEMORANDUM <br />` r[ TO: Orono City. Council <br />'r Y_ DATED: June 27, 1988 <br />RE: APPLICATION. OF EDWARD R. HENRICH <br />4115 Highwood Road - f <br />l�� � No. 1025 <br />gym.. Ladies and Gentlemen: • t �. <br />>. This memo is presented as an outline of the position of <br />applicant,_and with the request that it be reviewed and made part <br />of the official record in this hearing. `$ <br />FACTUAL BACKGROUND. <br />Applicant requests necessary variances to construct a <br />dwelling on a pre- existing lot of record located in the Highwood <br />Lake Subdivision. The lot in question contains 50 feet of <br />frontage on Lake Minnetonka and an area of .0193 acres. The jot <br />has a•sewer connection and•has been•assessed for one-full sewer <br />unit. The lot is located on Highwood Road. There are-12 parcels <br />_ located on Highwood Road, excluding the parcel owned by <br />applicant, of which 9 are .25 of an acre or smaller; one is .34 <br />• of an acre, and two are greater than 5 /10ths of an acre. , <br />Applicant has presented substantial documentation to the Planning... <br />Commission and staff, - including physicians statements supporting <br />the fact that he is medically restricted from activities <br />G +s necessary to the continued maintenance of his present dwelling. <br />-`� Mr. Henrich "s request is to allow construction of a smaller <br />_ residence and ultimately the sale of the main residence to <br />applicant's adult child to allow necessary maintenance and <br />medical assistance. <br />1. THE CITY STAFF RECOMMENDATION FOR DENIAL BASED ON THE "SPIRT <br />AND INTENT OF THE LR -1B ZONING DISTRICT IS NOT SUPPORTED BY <br />FACTS. - <br />.Tr <br />The staff in its recommendation places emphasis on -the fact <br />that the neighorhood is densely populated. The staff has assumed <br />that the intent oLR -1B Zoning District is to provide a density no <br />greater than 1 dwelling per acre. The City of Orono, however, <br />has rountinely granted variances to properties located in LR -1B <br />zones. During the five year period from 1982 to 1987 for <br />example, 17 such variances were granted while only 2 were denied. <br />Of particular significance is the fact that the City of Orono, <br />based on information provided by the Assistant Zoning <br />Administrator has NEVER DENIEDBUILDABILITY TO A LOT ON WHICH Ate_ <br />SEWER CONNECTION WAS AVAILABLE AND WHICH HAS PAID A FULL SEWER <br />p,SSSESSMENT. Of similar significance is the fact that of the 390 <br />lots zoned LR- 1B,•only 111 (28 %) are e.qual,to greater than 1 acre <br />6 <br />1 . <br />„1. <br />