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Toi Mayor Peterson and Orono City Council <br />Ron Moorser City Administrator <br />Pr<»t Michael P. Gaffron, Asst Planning 6 Zoning Adinmstrator*95%. <br />Dates November 16, 1991 <br />Subjects Pheasant Lawn Homeowners Association <br />License <br />- Jdli <br />List of Bxhlbite <br />- gsS*U<TfOAj <br />Exhibit A - Application <br />Exhibit B - Plat Map <br />Exhibit C - List of Dock Users <br />Exhibit D - Area Survey <br />Exhibit E - Dock Survey <br />% <br />% <br />Exhibit F <br />Es^ibit G <br />Exhibit H <br />Exhibit I <br />Exhibit J <br />Exhibit K <br />Articles of Incorporation <br />Bylaws <br />Letter From Adjacent Property Owner <br />Letter From DNR <br />Staff Letter to LMCD <br />LMCD License Review Documents <br />The Pheasant Lawn Homeowners Association, incorporated in <br />1979, is the owner of property including a jointly used dock near <br />the cul~de>sac of Pheasant Road. This permanent wooden multiple <br />dock with five slips has apparently been in use by non-riparian <br />property o«mers within the Pheasant Lawn subdivision since 1952. <br />(A sixth dock/s lip not attached to the multiple dock system <br />serves the Mahoney residence on the east side of Pheasant Road). <br />The City has no record of any past licensing of this <br />faci ity (City joint use dock licenses were first required in <br />1963) and has received no complaints. The issue of licensing in <br />1992 was a result of a sale of one of the off-lake properties <br />using the dock. <br />The multiple dock and the Mahoney dock are located within a <br />coBUions area known as Lot 14, Pheasant Lawn. As a result of <br />dredging activity in the early 1950's by the developer of <br />Pheasant Lawn, Mahoney's property technically does not abut the <br />shoreline, although visually Mahoney's dock appears to be at the <br />shoreline adjacent to the residence. Portions of Lot ) and Lots <br />1 and 2 of Yale Smiley Addition are also in this situation. <br />City lequi <br />Municipal Code Section 5.42 requires a license for joint use <br />of lakeshore property, but provides no standards for such use. <br />Further, the City Council at its discretion may hold a public <br />hearing, which is not mandatory. <br />Zoning Code Section 10.03, Subd. 9 (A) "Time of <br />Construction", states that "Mo accessory building or structure <br />shall bo constructed on any lot prior to the time of construction <br />of the principal building to which it is accessory."