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Mayor Grabek & Orono Council Members <br />City Administrator Bernhardson <br />From: <br />Jktez <br />Subject: <br />COUNCIL MEETI <br />JAN -910:5 <br />CITY Of <br />Jeanne A. Mabusth, Building & Zoning Administrator <br />January 4, 1989 <br />#1296 Merritt J. Peterson/Rick Stodola, 1895 Shadywood Road <br />After-the-Fact Variance - Fourth Review by Council <br />List of Exhibits <br />Exhibit A - Applicant's Letter of 1/3/89 <br />Exhibit B - Sections of LMCD Code <br />Exhibit C - Sections of Municipal Code <br />Exhibit D - Staff Memo Dated 10/23/88 <br />Exhibit E - Map of Area <br />Exhibit F - Staff Survey Sheet <br />Exhibit G - Section Maps <br />Exhibit H - Original Draft of Denial Resolution of Variance <br />Application #1296 <br />Review of Present Request - <br />Per Exhibit A, the applicants have asked staff to re-schedule variance <br />application #1296 before the Council. It was the applicants' understanding <br />that prior to filing a lot line rearrangement subdivision, Council would <br />first address the feasibility or acceptance of their proposal that would <br />seek credit of the principal residence on the Tillotson property for a <br />shared dock not to exceed four slips. The shared dock would be located on <br />the Tillotson homestead lot, requiring in this case a lot line <br />rearrangement as the existing Tillotson dock is located within <br />the applicants' property. Tract F (review Exhibit E). The applicants would <br />only proceed with the lot line rearrangement ,if Council concurred with <br />applicants' findings that the LMCD and municipal ordinances do not <br />specifically prohibit property owners from a shared dock use where a dock <br />is located on a residence lot and the participating adjacent property does <br />not contain a principal residence. <br />The applicants ask the Council to consider an additional use for <br />substandard, unbuildable lakeshore lots by allowing a joint use dock or <br />multiple dock (depending upon the number of owners involved in the <br />ownership of the two properties) that would seek the credit of the <br />principal residence on an adjacent property. At an informal meeting with <br />Bob Brown, the former executive director of the LMCD, Frank Mixa, former <br />administrator of the LMCD, and Gene Strommen, current administrator of the <br />LMCD, they concurred that there was nothing in their ordinances that would <br />require a residence structure on the Peterson/Stodola property under a <br />shared dock arrangement with the Tillotson property. Both properties would <br />be limited to 2 slips. Per LMCD code Section 2.02, Subdivision 4, (review <br />Exhibit B) at a dock where 3 or 4 restricted watercraft are stored, such <br />watercraft must be owned and registered to the residents of the site. The <br />LMCD would have to be advised of the shared dock use and of the <br />registration of all boats maintained at this dock. It should be noted^ that <br />if the dock was to contain just 2 slips, there would be no need to register <br />the licenses or advise the LMCD of a shared dock condition.