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MEMORANDUM <br />TO: <br />FROM: <br />Thomas J. Radio <br />Orono City Attorney <br />Walter H. Rockenstein II <br />Faegre & Benson <br />Attorneys For Ralph Bagley <br />DATE:August 8, 1985 <br />RE:ARGUMENT IN OPPOSITION TO ISSUANCE OF A BUILDING PERMIT <br />TO LAKEVILLE ELEVATOR COMPANY FOR A DOCK TO BE CONSTRUCTED <br />b¥ A PART OF LOT 9, NORTH SHORE COTTAGE ACRES <br />STATEMENT OF FACTS <br />Lakeville Elevator Company, a Minnesota Corporation (herein­ <br />after "Lakeville'*) , owns two parcels of land in North Shore Cottage <br />Acres, Lake Minnetonka, City of Orono. These two parcels are <br />separated by Ferndale Road. Lakeville has approached the City <br />of Orono (hereinafter "City" or "Orono") seeking variances to <br />construct a home on one parcel and authority to construct a dock <br />on the other. <br />Parcel A <br />The first parcel is Lot 6, North Shore Cottage Acres (herein­ <br />after "Parcel A"). See Exhibit A attached hereto. Parcel A is <br />primarily low and marshy land with a buildable site on the south­ <br />easterly portion of the parcel. Parcel A was originally platted <br />in 1902. The Ferndale Road right-of-way runs over the southwesterly <br />33 feet of Parcel A. Parcel A never has had and does not now <br />have shoreline on Lake Minnetonka. Parcel A is zoned LR-IA, One