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<br /> Such questions are better Left to courts of competent jurisdiction in a legal
<br /> action involving the interested parties should either party feel that it Is appropriate
<br /> or necessary to have their respective rights adjudicated. ,'
<br /> An additional claim of Mr. Runkle which warrants separate comment in this • a
<br /> al,,
<br /> memorandum is his assertion that the applicant cannot qualify for a variance because
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<br /> • he acquired the property after the LMCD code provisions were in place. He argues, :1-•
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<br /> therefore, that the hardship is self-created. There is some precedent which Is
<br /> supportive of this position in land use law. However, there is also a good deal of t;07
<br /> u, precedent to the contrary. Under the LMCD code, the board is allocating among sit
<br /> riparian owners dockage rights over the public waters. It is not regulating the use
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<br /> of private property under the authority of Minnesota Statutes, * 462.357, subd. 6
<br /> which applies to the granting of land use variances by cities. In many cases, the
<br /> hardships or practical difficulties which are the basis for granting variances under
<br /> 44,,,4't 7 LMCD Code Section 1.07 are simply the result of the fact that the LMCD has chosen, '
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<br /> as a matter of convenienc©, to use as a starting point for allocating dock rights
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<br /> `��`A`1' among riparian owners, an imaginary line created by extending the side property n,
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<br /> Csdti�, ,, line into the lake on a straight line from the point at which it meets the OIiWM. Over
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<br /> y.�,14'r, 1•.4 t`,, the years this has proven to work reasonably well in most cases. The obvious .i.::f
<br /> 'c,.x � sx t 0, y ' 1, ;
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<br /> -A,.k, .t ,',, ,r�, advantage of this convention is that the lot lines can be readily determined
<br /> ref• a 'si;
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<br /> tt.,a survey. The determination of an authorized dock use area would be muchmore
<br /> 9 �'pr'„
<br /> difficult if the board had decided to use some other convention such as a line
<br /> perpendicular to the shoreline or a line extending to the center of the bay.
<br /> However, the strict application of the code does not always result in a fair or `
<br /> reasonable allocation of dock rights or allow riparian owners reasonable access to the i'
<br /> lake. Therefore, the board has found it appropriate to adjust dockage rights in
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<br /> (r such cases through the granting of "variances" from the provisions of the code.
<br /> CLL 67160
<br /> ': LE110-4 ''_
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<br /> P41.3i ' .( ' ' a b FS • V.
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