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• <br /> KUTAK ROCK LLP ATLANTA <br /> CHICAGO <br /> SUITE 1750 DENVER <br /> OINES <br /> U.S. BANK PLAZA SOUTH DES FAYETTEVILLE <br /> 220 SOUTH SIXTH STREET IRVINE <br /> KANSAS CITY <br /> MINNEAPOLIS, MN 5 5402-4 51 1 <br /> LITTLE ROCK <br /> 612-334-5000 LOS ANGELES <br /> FACSIMILE 612-334-5050 MINNEAPOLIS <br /> OKLAHOMA CITY <br /> www.kutakrock.com OMAHA <br /> PHILADELPHIA <br /> RICHMOND <br /> TIMOTHY J. KEANE SCOTTSDALE <br /> ttmothy.keane(putakrock.com June 16, 2014 WASHINGTON <br /> (612)334-5000 WICHITA <br /> Denise Leskinen, Chair <br /> Members of the Planning Commission <br /> City of Orono <br /> P.O. Box 66 <br /> Crystal Bay, MN 55323-0066 <br /> Re: Rezoning Application <br /> 1440 & 1442 Shoreline Drive <br /> EOF Investments LLC <br /> Dear Chair Leskinen and Members of the Planning Commission: <br /> This letter is offered on behalf of our clients Matt and Susanne Johnson, Rich Anderson <br /> and Drs. David Feldshon and Archelle Georgiou in opposition to the proposed rezoning of the <br /> two lots located at 1440 and 1442 Shoreline Drive (the Subject Property) from LR-1A, <br /> residential to B-2, commercial. Our clients are owners of the surrounding property in closest <br /> proximity to the proposed rezoning. <br /> Background <br /> The Subject Property is a portion of the marina recently acquired by EOF Investments, <br /> LLC d/b/a Your Boat Club (YBC). YBC currently operates 1444 Shoreline Drive together with <br /> the Subject Property as a commercial marina consisting of dockage, boat slips, insufficient <br /> parking facilities and a commercial building for retail boat/motor sales and marine repair. <br /> Additionally, the Subject Property has two structures. The structure to the south is a residential <br /> building that is occupied for rental purposes. The structure to the north is a dilapidated <br /> residential structure that is not suitable for habitation or occupancy of any kind. Currently, the <br /> primary use of the Subject Property is parking for YBC, its employees and customers. The <br /> Subject Property is also frequently used for boat storage in violation of its existing conditional <br /> use permit. <br /> The Zoning Request is in Conflict With the Comprehensive Plan <br /> The underlying comprehensive plan designation for Subject Property is residential. <br /> Minnesota Statutes require conformity between the municipal comprehensive plan and the <br /> zoning ordinance and land use map designation implementing the comprehensive plan. Minn. <br /> 4834-8370-0763.1 <br />