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Zoning File #1296 <br />November 23, 1988 <br />Page 3 of 4 <br />Staff has enclosed sections of the L.M.C.D. code, review Exhibit C <br />(Section 2.02, Subdivisions 2 & 3). As applicants noted in the earlier <br />review, the L.M.C.D. would have permitted an accessory structure on this <br />property since it was created prior to 1978. If the tracts were created <br />after 1978, a principal residence would have been required. In Section <br />2.01, Subdivision 3, Common Use of Adjacent Dock Use Areas of the L.M.C.D. <br />code, suggests that a principal residence is not required, merely a legal <br />dock use area to be shared by both owners. The applicants also noted to <br />staff that the likelihood of a lakeshore homestead owner agreeing to share <br />a single dock with an adjacent, undeveloped, riparian tract would be very <br />rare, especially if chat owner agreed to limit his dock use to two slips. <br />Response to Item 6 - the applicants note that the lot line <br />rearrangement will eleviate the violation of the setbacks of Mr. <br />Tillotson's dock as the proposed shared dock will be located solely on Mr. <br />Tillotson's property. <br />Staff's Comments on Current Proposal > <br />Clearly the L.M.C.D. code does not require a principal residence for <br />accessory dock structures for lots created prior to 1978. The shared dock <br />now located solely on Mr. Tillotson's property would technically receive <br />credit of the principal structure from the Tillotson residence. The Orono <br />code does not distinguish between an accessory dock used as a single or <br />shared dock. Staff would also add that this may not meet the true intent <br />of the ordinance. <br />If the Council concurs with the current proposal of the applicants, <br />the subdivision of a lot line rearrangement will provide the City with the <br />necessary authority to place restrictive controls on the future uses of the <br />shared dock and the unbuildable properties to be combined as one unit. <br />Staff would also agree with the applicants that the likelihood of a <br />homestead, lakeshore lot owner giving up slips in a shared dock situation <br />with an undeveloped, adjacent parcel would be most unusual. Council may <br />wish to seek the opinion of the City Attorney regarding credit of the <br />Tillotson principal structure for the accessory shared dock in <br />consideration of the pertinent sections of the Orono Zoning Code.