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Zoning File #1531 <br />May 16, 1990 <br />Page 3 of 4 <br />water lines are all located within the rights-of-way of Casco <br />Point Road and Maple Avenue. <br />As already noted. Lot 2 is not riparian to Lake Minnetonka. <br />In a similar subdivision review, because the City failed to file <br />a restrictive covenant against a non-riparian lot, the courts <br />upheld the property owner's rights to achieve access a <br />walking easement through an adjacent property. The ^ <br />not recognize the final resolution approving the plat that noted <br />the lot had no riparian rights. Staff will ask the City Attorney <br />to draft an appropriate restrictive covenant denying all riparian <br />use to Lot 2 of Lake Minnetonka. <br />Options of Action -Denial_5_ If Planning Commission poses a denia 1Denial. it riaunxiiy ^^ <br />recomiiieiiditrM, please refer to the necessary findings set forth <br />in Chapter 11. <br />Approval. <br />considered: <br />If approved, the following findings may be <br />1. The proposed division satisfies lot standards of the LR- <br />IC zoning district. <br />2. The subdivision has been found to meet all pertinent <br />standards of the subdivision regulations. <br />3. There is adequate sewer and water to serve the newly <br />proposed lot. <br />Approval is subject to the following conditions: <br />1. upon application for a building permit for new <br />construction on Lot 2, the future owner shall pay th' <br />following sewer and water fees: <br />Sewer unit charge = 1,513.86 <br />Water unit charge = 1,691.78 <br />It should also be noted that this rate is ‘’f <br />fee schedule and will be adjusted based on the inflationary <br />rate in 1991 fee schedule. <br />2 The Citv to file a restrictive covenant against the <br />tltirif LoV2rdenying all riparian access and use of the <br />lake via Lot 1 of this subdivision.