08-14-1979 Council Minutes - Laserfiche WebLink

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' •- - ,� ' --" ra�t...o.t �w�n an.aln �• � . C��f .Dl�tL�� iwl�w .• . •, I . _ .,_ . �. -_ — ..��..�o�.� .. � � ) . ..� .. .��. . .' �•• • • ' • ..o,:',�,�.�..`:... Pac�e 4 August 6, 1979 � �L UL�ULD Orono City Council LIU Post Office Box 66 � 7 � Crystal Bay, riN 55323 Re: Alexander Holzer CITY OF ORONO t� 2677 Casco Point Road Dear Ladies and Gentlemen: The summary of the zeasons the Holzers would like to have � you grant them any necessary conditional use permits or variances i is as follows: � 1. There is a clear and present danger of earth slippage from the hill on which tbey live down into Lake Minnetonka as i evidenced by the 1978 landslide on the adjacent Smezling property and at tWo other places on Casco Point in 1978. 2. Tnere is a drainnge storm vater run-off problesn with respect to: " . a. The Do�-ney property to the north wrhich has a basement to ahich Holzer run-off vater flovs; and b. Toward Lake Minnetonka �+hich aggravates the earth slippage danger identified above because the siorm water seeps into � the steep hill and makes it more prone to slippage; and c. A potential problem on the Smerlings' property to the , south if the property had a basement and beca�se the Smerlings are �+orried about �.rater zun-off; or d. To prevent further water run-off onto the Smerling side I which is a possible aggravating cause of the earth slide �+hich occurred in the su�mner of 197H on the Smerling property: `� The benefits vhich would be caused by this fence or wall are: 1. Earth slippage v.�ould be prevented pez engineer Hark S. Gronberg's report; 2. The drainage pzoblems identified above vould be controlled; 3. The vater still soaks into the grass; only the overflov runs off, and it is the greatest part of �,rhat needs to be controlled; 4. Another small, old and formerly dilapidated Orono dvelling vould be upgraded so that it vould be an asset to the owners, to the neighborhood, and to the City as a whole. While the vast majority of the neighborhood is in favor of the Holzers' improvements, including the neighbor on the north side (the Dovneys), the Holzers realize that the neighbor on the south side (the Smerlings) oppose parts of the improvements and, realizing further that the City of Orono has some legitimate interest in the improvements, the Holzers state the folloving: 1. That the Smezlings never had a view aczoss the Holzez property tovards Lake Minnetonka because of the dense bushes at that location, vhich bushes `+ere almost entirely on the Holzer property: 2. With the Holzers having already agreed to putting new b�shes and grass on the Smezlings' side of the vall, the Smezling viev will be exactly as it has been in the past namely being a view of the bushes. In addition, the Holzers still intend to stucco the fence/Wall and so its appearance, if there be any through the bushes, will be a pleasing appearance exactly like the appearance �+hich the fence/vall has presently on the street side of the Holzer property. 3. As for the City's interest in the fence/`+all, it should be noted that at no point is it highez than is permitted for a fence in this location, and thezefore the only issue zeally is appearance. � 4. The Holzers assert that the vall is a fence, is not therefore a structure, can legally be vheze it is, and at ihe height if not exceeding 42". The Holzers' point out that there aze numerous other �+alls in and around the Casco Point neighborhood; some of the fences or valls are the pzoperty lines; some go all the vay dovn to the lake_