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Orono Planning Commission that would have divided Mr. Chapman ' s <br /> property along a vertical subdivision line . Each proposed lot was <br /> designated with approximately 117 lineal feet of shoreline. The <br /> Planning Commission recommened against the proposal because each <br /> lot did not meet the required width standard of 140 feet of <br /> shoreline per lot. The Planning Commission advised the applicant <br /> and his real estate agent to redesignate the division line so as <br /> to divide the property horizontally, thus creating an interior lot <br /> and a lakeshore lot . The Planning Commission then indicated <br /> conceptual approval to the applicant if such a change was made <br /> with only the lakeshore lot having riparian rights. See Exhibit A. <br /> 6. That on August 13, 1979 the horizontal division <br /> received a recommendation of approval by the Planning Commission. <br /> The recommendation forwarded to the City Council included a <br /> condition that only the lakeshore lot was to have riparian <br /> rights. See Exhibit B. <br /> 7. That on August 28, 1979, the Orono Council accepted the <br /> Planning '-ommission' s recommendation and formally granted <br /> preliminary approval of the two lot plat subject to the condition <br /> that only the lot that abutted the lakeshore was to have riparian <br /> rights. See Exhibit C. <br /> 8. That on August 30, 1979, the Orono staff drafted a <br /> memorandum entitled Conditions of Preliminary Approval ; a copy of <br /> which was sent to both Mr. Chapman and Mr. Moore. In that memo, <br /> two of the conditions specifically advised that the lakeshore lot <br /> was to be riparian to Lake Minnetonka and that the interior lot <br /> was non-riparian with no lake access or dock rights . See <br /> Exhibit D. <br /> -2- <br />