1997 - req. info on dock issue - Laserfiche WebLink

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f f David Hubert May 22, 1997 Page 2 Lots 10-11-12 have an interesting history regarding lake access. As early as 1967 the City was advised of a purported right-of-way easement in favor of Lots 3, 5 and 18, Block 2 (Sept. 13, 1967 letter). The City required the removal of a 7-slip marina on the property in 1979 (see attached letters). In 1984 the City advised a Mr. Bonner that the City does not recognize such old easement rights(letter of Nov. 1, 1984). In 1995 the Building Inspections Department was involved in having the owner of Lot 3, Mr. Perl, remove his dock from the right-of-way (inspection slips of 4/26/95). The situation with Lots 10-11-12 is not necessarily unique. A similar situation in the Navarre area of Orono involves a number of off-lake properties which have an easement for "bathing and boating purposes" over a private lakeshore homestead parcel. Also, other off-lake properties in the Navarre area have similar deeded "bathing and boating" easements over four City-owned vacant parcels between Crystal Bay Road and Lake Minnetonka. The City has taken the position that those off-lake owners do not have the right to construct docks on the lakeshore parcels for the reasons noted above. I would also note that in the second described Navarre situation,the lakeshore parcels owned by the City are vacant,which provides an even greater basis for denial,because no accessory structure may be placed on a parcel of land that does not have a principal structure (Section 10.03, Subd. 9A). Given the above background information,thank you for providing me with a copy of the easement, which appears to have been granted in 1920. It appears to merely grant "an easement and right-of- way...over Lot 12...to the lakeshore of Stubbs Bay..." without specifying any dock rights. It can probably be construed as a walking easement. The City will not recognize this easement as granting to the owner of Lot 3 the right to have a dock extending on or from Lot 12. The City will act to have such a dock removed if one is placed. Also,any easement created after April 1984 would have required City approval(Code Section 11.03 Subd. 2.66, Definition of Class I Subdivision). Since the easement in question was apparently granted prior to 1984, that requirement may not apply. Any new or replacement easement would require City subdivision approval. I hope this clearly defines for you the City's position. If you have further questions, please feel free to contact me at 473-7357. Sincerely, Michael P. Gaffron Asst. Planning & Zoning Administrator encl. cc: Liz Van Zomeren, Building & Zoning Administrator Thomas Radio, City Attorney