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04 -14 . Oil FRI 12:29 FAX <br />ih <br />©016 <br />WH/ IJ/WU I i:5o tj . \a/d\ NO:/j*»u <br />The parties do not make it clear whether reepondenta are <br />seekinp a declaration that the ordinance permite the shared dock <br />pr^oeal« or whether they aeek a variance from the ordinance aa the <br />prdinanee doee not permit eueh a use. There is. at least <br />a <br />initially/ an ordinance interpretation question. <br />The Orono city Code defines "accessory use or structure" as a <br />"use or structure subordinate to and serving the principal use or <br />structure bn the same lot and customarily incidental thereto." <br />OronO/ Minn./ S lO.Oa(i) (1»84). The code also defines "use- <br />aecessory" aa a "use subordinate to the principal use on a lot and <br />^J^^^^f^vely used for purposes incidental to those of the principal <br />use." 14*,/ S 10.02(72). The code provides that: "No accessory <br />building or structure shall be constructed on any lot prior to the <br />time of construction of the principal building to which it is <br />h Td.. s 10.03/ subd. 9(A). The code indicates that a <br />dock is an aeeassory use under section 10.23, subd. 5(A), which <br />M [ii]i^y accessory use as regulatsd In the *R-1A' District and <br />•private doc)cs' subject to the City code and other applicable <br />regulations Including boat storage density regulations" ss a <br />"permitted accessory use.” <br />Construing these provisions together, we concludet (1) a dock <br />is an accessory use, and (2) the definition of the accessory use <br />and the prohibition against building an accessory use before a <br />principal use indicate that the code presumea there has to be a <br />primery structure on the property in order for an accessory <br />Structure to be permitted. <br />-6-