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Zoning File 11296 - Addn Comments to June 17, 1988 Memo <br />Page 7 of 7 <br />Staff would add to the factual findings presented for this review: <br />RLS 1216 was filed on May 8, 1967. The half acre lot standard was <br />established for this area and subdivision regulations were: also established <br />for the City (this is approximately the time that the Minnetonka Highlands <br />Plat was being reviewed by the City). <br />Staff has reviewed the 1967 Council minutes and can find no record of <br />this division being approved by the City. It would be of interest to ask <br />the Gustofsons, the original purpose of RLS 1216. <br />Planning Coartission Recommendation - <br />Planning Commission recommended denial of the lot area application of <br />Rick Stadola and Merritt Peterson for Tracts F & G of RLS 1216 based on the <br />findings cited by staff on Page 3 of this memo and further advised the <br />applicants that an accessory dock was not an acceptable accessory use for <br />this property and noted the following findings: <br />1. The lack of s principal structure and the heavy natural screening <br />that shields the dock area from public view, makes policing and <br />protection of the dc.ck on the private property difficult if not <br />impossible. <br />2. An adjacent neighbor already has a dock located on the same <br />property. <br />3. The property is not wide enough to provide adequate parking that <br />would meet the required setback of 71' from the main lake (channel <br />area). Parking is also not allowed along this section of County Road. <br />4. Approval of the use of an accessory structure, such as a dock, <br />without a principal structure would estahlish a negative precedent in <br />dealing with similar requests in lots of similar size. <br />Options of ]fiction Available to Council - <br />1. To table pending further review by City Attorney regardin3 the <br />following issues. <br />a) Question of taking? (Property was never assessed for sewer <br />or water. Market valuation of property suggested <br />unbuildability.) <br />b) Ability of City to question the Gustafsons regarding their <br />plans for the remaining tracts within RLS 1216 and the claim by <br />applicants that Gustafsons have a gentlemen's agreement with <br />Tillotson for the sale of pirtions of Parcel 0003. <br />c) Other issues Council may deem --mrortan`. for this review. <br />3. To deny and to direct staff to draft the appropriate denial <br />resolution for presentation at the Council meeting of July 25, 1988. <br />