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CITY of ORONO <br />P-1 Officr IM.x V ei'r7gal Itay, Minn—ta S UteMuniripal Oftkra <br />On the North Shore n/ Luke Minnetonka <br />January 26. 1987 <br />Mr. David A. Dl nis <br />17308 Hampton Ccurt <br />Minnetonka, 111 45 <br />Re: 31865 Ba,r i h ad <br />Dear Hr. Dianis. <br />it is our present understanding that in dealing with the Lake <br />Minnetonka Conservation District, they have indicated to you that <br />they would have no problem with your docking should one of you <br />grant certain docking rights to the other either through the <br />agreement relating to docking rigilLs by Dianis' granting the <br />Harrens certain rights to use a dock or through the expansion of <br />an easement. <br />This letter is written to advise you that the City of urono <br />considers donks to be accessory structures and that an accessory <br />structure can only exist when there is a primary structure on the <br />property. In this particular case any docks on Lhe property <br />obviously are subject to LMCD code, but must belong to the lake <br />front property owner. As an alternative short of the Dianis' <br />granting certain docking rights on their dock to the Parren <br />property, you may be considering a possible expansion o: the <br />existing easement in order for a dock on that easement to meet <br />LMCD setback requirements. It should be noted that the City may <br />also have setback requirements. Any expansion of this easement <br />would require an application for subdivision from the City. It <br />should be noted that the City's position in the past has been <br />that they will not gran: such easements which create additional <br />lakeshore properties that do not meet the zoning district <br />requirements for front footage. <br />In the past you asked the City for r clarification regarding <br />the realm of trespassing laws. Minnesota, Statute 609.605 <br />regarding trespassing and other acts requir:s that the owner or <br />his agent be present to request the trespassers to leave before <br />persons present actually becomes a tresoass under the law. <br />However if the trespasser has a "claim cf right" as Mr. Lee <br />Harren may ;possibly have in this case, the crime of trespass has <br />not b^en committed. Therefore it would appear that the "right" <br />BUILDING! 20N[NG - 4714757 • ADU NISTRATION a FINANCE - 477.735/ • PURLIC WORKS - 473-7359 <br />ASSLSSING <br />