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r <br />M' <br />LINDQUIST & VENNUM p.llp. <br />Mr. Kevin W. DeVore <br />August 13, 1997 <br />Page 2 <br />was made. Please do not make the common error of assuming that the assignment of real <br />estate tax identification numbers is definitive as to either Orono ordinance compliance or <br />ownership of the land itself. You will find that the Orono subdivision process is <br />authorized by Minnesota Statute Chapter 462, whereas the assignment of real estate tax <br />identification numbers by the Hennepin County Assessor is governed by Minnesota <br />Statutes Chapter 272. While there are some linkages between the two systems, each one <br />does proceed independently under its own statutory procedure. The Registrar of Titles <br />involvement is to register title and establish ownership. <br />Finally, permit me to reiterate that Conley Brooks, jr. is now, has been and <br />continues to be interested in working with the Floyd family to work out a suitable, legal. <br />proper and workable dock plan for the Floyds. The assignment of real estate tax <br />identification numbers is a small part of the real problem. Let me define the real problem. <br />The real problem with the existing, ambiguous situation is that at worst the Floyds <br />have no legal storage rights on Lake Minnetonka for docks and boats; and at best they <br />have a one-half interest in a 20 foot parcel. New to the scene (circa 1959) is the Lake <br />Minnetonka Conservation District and its jurisdiction over docks on Lake Minnetonka. As <br />I have indicated to you, the LMCD ordinances generally require 10 foot side setbacks for <br />docks, but in some instances those setbacks may be only 5 feet. In the former case, a 20 <br />foot parcel would not be usable at all; in the later circumstance, there would be 10 feet of <br />usable space in the middle of a 20 foot parcel. In addition, the 20 foot parcel is some <br />distance from the Floyds' house and the City of Orono frowns upon that sort of access <br />EB01;9234SI 1 <br />* tf