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L <br />04 14 00 FRI 12:25 FAX @005 <br />April 14, 2000 <br />Page 4 <br />A. Time of Construction. No accessory building or siruciure shall be <br />constructed on any lot prior to the time of construction of tlic principal building to wliich <br />it is accessory. <br />Section 10.23 <br />Suhd. 5. Accessory Uses. Within any ”LR-1 A" One Family Lakeshore <br />Residential District, the following uses shall be a permitted accessor>’ use: <br />A. Any accessory use as regulated in the "R-1 A" District and ‘private <br />docks’ subject to the City Code and other applicable regulations, including boat storage <br />density regulations. <br />Thus it is clear that since at least 1968 anv dock in this residential zoning district could <br />only be built and/or used if it were on a lot on which a single family residence was first <br />constructed. The only possible exception to this would be for a dock built prior to 1968 if such <br />dock were legal at that time and if thereafter the use of tlrat dock complied with other applicable <br />law. <br />Such a non conforming dock and use thereof (one built prior to 1968. assuming for now it <br />was legally built prior to 1968) would be subject to other very important provisions of the zoning <br />code which would limit its use and expansion and would in some cases temiioate that use after a <br />specified period of time The current relevant zoning provisions are set forth hereinafter. (I have <br />not had the opportunit>'^ to examine the prior zoning ordinances back to 1968. but I believe <br />similar provisions were in effect since at least 1968. My comments are set fortli in parenthesis.) <br />It is the burden of the person seeking to continue to use a non confonning use or to obtain <br />a conditional use permit for such use to show that the person or predecessors in title complied <br />with the following: <br />Section 10.03 <br />Subd. 4. Prohibitions. It is unlawful to convert, enlarge, reconstruct or alter any <br />structure or use any structure or land for any purpose nor in any manner which is not in <br />conformity witli the Zoning Chapter. <br />(Wc believe th,'\t as of 1968 and at least as of 1971, there was only one dock at the <br />property. If that is true, then a second non-conforming dock could not have been legally <br />constructed. If the use of the propert>’ at any time after 1968 was only by one owner, then <br />the use by multiple owners as now proposed would have been an illegal e.xpansion.) <br />J75HTBD.M