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Lake Minnetonka Real Estate II, LLC
<br />235 Lake Street, Wayzata MN 55391
<br />Laura Oakden, Community Development
<br />City of Orono
<br />2750 Kelley Parkway
<br />Orono, MN 55356
<br />RE: LA24-000005, PROPOSED ORDINANCE CHANGE
<br />Laura,
<br />Your proposed Ordinance Chapter 18 Streets, Parks, and Other Public Places proposes to add public right-of-
<br />way definations to waterways, waters, and shoreland:
<br />
<br />“Public Right-of-Way or Public Rights-of-Way means the surface, air space above the surface and the area be-
<br />low the surface of any public street, highway, lane, path, alley, sidewalk, trail, avenue, boulevard, drive, court,
<br />concourse, bridge, tunnel, park, parkway, skyway, waterway, dock, bulkhead, wharf, pier, easement or similar
<br />property or waters within the City owned by or under control of the City, or dedicated or otherwise conveyed to
<br />the City for general public use. No reference herein to a “public right-of-way” shall be deemed to be a repre-
<br />sentation or guarantee by the City that its interest or other right to control or use such property is sufficient to
<br />permit its use for the purpose of installing, operating and maintaining utility service facilities”
<br />The Commissioner of Natural Resources must approve Ordinances (§103F.221, §103F.001) promulgated by the
<br />City of Orono that impact shoreland (6120.2500 subp. 15) by utilizing MR 6120.2500-6120.3900.
<br />The Commissioner in issuing an approval, must do so in harmony and alignment with the policies of the State
<br />on Water Law including MR 6120.2600 and §103A.201.
<br />With or without approval from the Commissioner, any regulations promulgated by the City of Orono on Shore-
<br />land are subject to existing rights1 (§103A.201 MR 6120.2600) under the Water Law (§103A.001, §103F.001)
<br />including “riparian access, docking and boat bouy rights, and the right to install and maintain the same” on
<br />Outlot B, Dragonfly Hill.
<br />Construction of public highways or public rights of way are not remotely connected with navigation or any
<br />other water-connected public use and is not one of the public purposes for which the State holds bed of naviga-
<br />ble lake in trust for public, and accordingly, State may not take riparian land or rights for public use.2
<br />As a friendly reminder, according to the plain language of the deed Orono has no “riparian access3...” from
<br />Outlot B, Dragonfly Hill to Lake Minnetonka which was specifically excepted and reserved by my predeccsor
<br />in title.
<br />Regards,
<br />Daniel Gustafson
<br />1 Petraborg v. Zontelli, 217 Minn. 536 (1944), Hanford v. St. Paul & D.R. Co., 7 L.R.A. 722 (1890), Lake
<br />Minnetonka Conservation District Agenda Item 13A, March 11, 2020 & Minutes submitted to Laura Oakden
<br />2 State by Head v. Slotness, 289 Minn. 485 (1971)
<br />3 Petraborg v. Zontelli, 217 Minn. 536 (1944) Lamprey v. Metcalf, 18 L.R.A. 670 (1893) , State by Head
<br />v. Slotness, 289 Minn. 485 (1971)
<br />2/15/2024AMENDED
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