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Bradley Jones May 25,2005 Page 2 2. Appeal the staff interpretation of the ordinance per the provisions of zoning code sections 78-96 through 78-99. This process involves Planning Commission review of whether there has been an error in an administrative action or interpretation of the ordinances. The fee is minimal ($100). However, I would expect the result to be that our interpretation of the code is correct, and this process may not gain you anything. 3. Apply for a variance to Section 78-1432 per the provisions of zoning code sections 78-121_throu_gh 7$-.129. .__The a��1�c�.�Q��__is_��Q4. _This_is.a_mQr� ___ ____-_____ --___.__ _____ . __--- --_--- formal review procedure in which the Planning Commission and Council consider whether enforcement of the ordinance would cause undue hardship. From my perspective, I do not see that there is a hardship, and you should not expect staff support for approval of a variance. 4. Attempt to convince the City Council that the ordinance should be amended to allow docks for certain vacant property categories such as yours. Again, this may not be a solution to your immediate dilemma. The zoning code amendment process could easily take many months, as it must move through the public hearing process at the Planning Commission level and requires a 4/5 vote of the City Council. Timing with either of options 2 or 3 is such that you will not have an answer until the end of July. The deadline for applications for the June 20 Planning Commission meeting has passed; the application deadline for the July 18 Planning Commission meeting is June 22. Council review and action would be no earlier than July 25. As an aside, in reviewing your situation it has become apparent that your lot is subject to the 2-acre minimum lot size requirement, and that a significant portion of the lot is wetland, which is not credited towards buildable lot area. Based on the provisions of zoning code section 78-72(b)(2), if the non-wetland axea of your lot is less than 1.0 acre (43,560 s.f.) a variance will be required in order to rebuild on the property. While I ha�e little doubt that such a variance would be granted, the approval process typically takes 6- 8 weeks. I would encourage you to have the wetland delineated if that has not already been done, and have your surveyor verify the non-wetland acreage. I'm enclosing the application packets for both the appeals and the variance processes. Please feel free to contact me at 952-249-4600 or email at m affron(cr�,ci.orono.mn.us if you have further questions. Sincerely, �w�� Michael P. Gaffron Planning Director encl.