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ing <br />lot <br />fate <br />Zoning File #972 <br />October 15, 1985 <br />Page 2 <br />A. Riparian Issue <br />Back in 1981 the applciant and previous owner had been advised by <br />staff that the land portion of the property was buildable and that the <br />lakeside portion could sustain a dock as soon as the house was built. <br />Staff never looked upon these parcels as separate but as one unit and <br />based their opinion on old surveys of the subject properties - review <br />Exhibits llA and IIB. In our recent review of application #930 (rear <br />setback variance) for the same applicant, new surveys revealed that the <br />riparian lot was submerged and approximately 18.5' of the 66' right-of-way <br />of Ferndale Road was also submerged. The two parcels have separate <br />P.I.D.'s. <br />Throughout our City, we have similar lot configurations where home­ <br />stead parcels are divided from independant riparian lots - for example the <br />Pink Palace properties, the Greentrees Plat, the many registered land <br />survey divisions along Shoreline Drive and numerous others. You have just <br />recently approved conditional use permits and variances for small tracts of <br />lands that sustain docks and which were originally designated to provide <br />safe riparian access for separated divided neighboring properties. <br />The 25'x25' tract is located within a protected lagoon. The applicant <br />stated that he will meet the required 10' side setbacks and proposes a 3'x <br />10' dock. The dock as proposed will not be connected to shore, users must <br />step onto dock structure anchored in lake bed. <br />The parcel was cited as an exception on abstract in 1945 and in 1954 <br />joint owners applied to register title of the property. State taxes are <br />levied and have been paid on the property. I do not have the facts in my <br />record, but the attorney for the applicant confirms that Lot 6 and that <br />25'x25| part of Lot 9 have remained as one legal description on the <br />Certificate of Title for several years. <br />At their September 9th meeting (review Exhibit 16), Council noted <br />riparian tracts like this one are common around the lake and that it is <br />important to establish controls on their use. <br />Staff recommends approval of the variance application of Shaver/Tearse <br />to permit the construction of a dock on a lot that was not designed to <br />contain a principal structure based on one or more of the following <br />findings: <br />1. The homestead lot is located 66 feet from the riparian tract <br />divided by right-of-way of public road. <br />2. The property has been recognized as one unit on the Certificate of <br />Title for several years. <br />3. Previous owner and current owner were never advised of the need to <br />apply for a variance to construct a dock only that a house must be <br />built on Lot 6. The Orono staff had always advised the property was <br />riparian to Lake Minnetonka.