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James Meunier March 9, 1999 Page 2 September 1977 Declazation of Covenants�or Lots l-7, Hartwood, created a 3'wide walking easement over Lot 6 in favor of lot 7 for"access to Lake Minnetonka". That ' easement does not appear to have granted any dock rights. Use of that easement for walking purposes would have been difficult since it is within 3' of the wetland. Construction of a structural walkway would have been(and would now be)prohibited, since the Zoning Code since September 8, 1975 ' has allowed no struuctures, grading, etc. within 26' of a wetland. Apri131, 1981 City Attorney Bruce Malkerson left a phone message for City Planner Alan Olson indicating that"Lot 7 buyer says he will have an easement over Lot 6 to get to Outlot G and build a dock". Handwritten notes by Olson in City file indicates he talked with Malkerson and buyers attorney(Diessner of Wright West & Diessner). Olson's notes indicate Lot 7 is the only non-riparian lot . in Hartwood and that it does not have any lake access rights. Notes continue (verbatim): "Mr.D says a separate easement was filed granting rights across Lot 6 & O.L. G. This was never approved by city and would not be. Minutes of subdivision proceedings are clear-Lot 6 has riparian rights to O.L.G.Lot 7 does not. There will be only one dock on O.L. G and only boats owned by Lot 6 owners are permitted. Same applies to buoys." July 1981 Despite the above discussion,the owner of Lot 6,HLP Corporation(Alan and Susan Carlson) grant to the current and future owners of Lot 7 (Alan and Susan Carlson and their successors)an easement over Outlot G for access to Lake Minnetonka,subject to the owners of Lot 7 constructing and maintaining a dock on Outlot G, and subject to that dock at all times including two slips for use by the owners of Lot 6,and any other slips can be used by owners of Lot 7. It was and is the City of Orono's position that the easement created in 1981 purports to grant rights that the grantor had no abilty to grant; i.e.the right to a dock on Lake Minnetonka for a non-riparian owner. No variance was ever applied for nor granted by the City for a dock to serve Lot 7. Further, the variance that was approved for Lot 6 only gave it tfie right to 2 slips, and the 1981 easement clearly indicates that the first two slips are reserved for Lot 6's use, with any additional 'available boat mooring spaces' (there are no legal ones) usable by Lot 7. The current zoning code contains similar provisions to those in effect in 1975 which do not allow the placement of an accessory structure on a separated parcel that has no principal structure. The actions taken by the Council in 1975 were very clear. Further,the municipal code defines "Business of Docking, Mooring or Storing Boats" as "renting or otherwise providing space, including boat