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� <br /> City ,of Orono <br /> 2750 Kelley Parkway <br /> P.O. Box 66 <br /> Crystal8ay, MN 55323 <br /> (952) 249-4600 <br /> Fax: (952) 249-4616 <br /> FAX TRANSMISSION COVER SHEET <br /> Date: 11/4/2004 <br /> To: Scott Ritter <br /> Fax: 612-285-8044 <br /> Re: 1420 Shoreline Drive —Variance Language Appeal <br /> Sender: Janice Gundlach, City Planner <br /> YOU SHOULD RECE/VE 19 PAGE(S), INCLUDING THIS COVER <br /> SHEET. IF YOU DO NOT RECE/VE ALL THE PAGES, PLEASE CALL 952.249-4627. <br /> Attached is the original resolution approved in 1999, which you were referencing. This <br /> resolution was never executed and allowed to expire by the previous applicant. This resolution <br /> is not the correct resolution to be referencing. Also attached is the resolution that is in effect <br /> and approved as a renewal in 2001. This is the resolution that should be referenced. <br /> I've also attached the survey that was used to approve the renewal variance in 2001. This <br /> survey shows the correct top of bluff location. The surveys submitted for the building permit <br /> and land alteration permit show a different, incorrect top of bluff location (even though the <br /> same surveyor was used). Unfortunately, this was not caught by staff and the current house <br /> was permitted to be constructed right up to the top of bluff rather than at a 10' setback as <br /> originally approved. <br /> However, this does not change the current issue at hand. All of the hardcover within the 75' <br /> lake setback must be removed. When using the correct interpretation of the top of bluff much <br /> of this hardcover doesn't even meet the bluff setback variance that was permitted under the <br /> 2001 resolution. Even if it did, the approval resolution did not permit landscaping within 75' of <br /> the lake or within 10' of the top of bluff. <br /> If you still intend to appeal the variance resolution language (although using the correct <br /> resolution), you must fill out the application enclosed. Because you are asking for approval of <br /> after-the-fact hardcover in a location where it is not permitted you must fill out the hardcover <br /> calculation worksheets enclosed to determine what level of hardcover exists and are <br /> requesting approval of. This must be done for the 0-75' zone and the 75'-250' zone. <br /> If the application for the appeal and all required submittals are not received by Tuesday, <br /> November 16th for the November 22"d City Council meeting, the City will seek legal action in <br /> order to get the illegally placed hardcover removed. A final Certificate of Occupancy will not be <br /> issued until this matter is resolved. <br /> Please give me a call at 952-249-4623 if you have further questions. Thank you. <br />