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on Parcel B prior to constructing the dock on Parcel B. Further, <br />given the fact that the only portion of Parcel B unencumbered by <br />the Ferndale Road easement is completely submerged, it is unlikely <br />that a principal structure can ever be built on Parcel B. <br />Consequently the Zoning Code does not permit the construction of a <br />dock on Parcel B. <br />LMCD Code <br />The LMCD Code does not permit the construction of docks except <br />in authorized dock use areas, and only "sites bordering on the Lake" <br />may have authorized dock use areas. See, LMCD Code Section 3.02, <br />Subd. 2(a). A site is further defined as "any shoreline lot, parcel <br />or other piece of property legally subdivided and recorded in the <br />Office of the County Recorder." See, LMCD Code Section 3.01, Subd. <br />It is apparent that Parcel B meets neither of these definitions. <br />Parcel B is not a site bordering on the lake. The only portion of <br />Parcel B unencumbered by the Ferndale Road easement is submerged <br />under the Ic.ke and does not border on it. Further, the only portion <br />of Parcel B unencumbered by the Fernuale Road easement has no <br />shoreline. The Ferndale Road easement extends some 18 feet beyond <br />the shoreline of Lake Minnetonka leaving the unencumbered portion <br />of Parcel B submerged and without shoreline. <br />This view that the City, through the Ferndale Road easement, <br />acquired the right to the shoreline and to the riparian interests <br />of that portion of the land bordering Lake Minnetonka is supported <br />by the Minnesota Supreme Court in the case of Hanford v. St. Paul <br />-7-