07-08-1985 Council Packet - Laserfiche WebLink

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to use of public waters for dockage to be fully met. 2. A Unique Situation. The issue of access to the fee owned, taxed, separately platted and identified, underwater Parcel B makes this situation unique and able to be strictly categorized as non-precedential. Where public right of ways abut or have included within them, the low water elevation of Lake Minnetonka, there will be no private title to which access is required on the lake side of the right of way. If situations occur where private fee title exists within flooded rights of way, or on the lake side of such righ— of way, then each and every case will have to be e,.::mined on its own merits, with careful review and research being made of title histor,, platting, dedication language, and other factors, including, the reasonable expectations of the property owner, before a determination can be made. 3. Expectation and Reliance. Prior to the present owner's acquisition of Parcels A and B, Mr. H. H. Tearse, Jr., the principal officer of the present owner, conferred with the officials of the City of Orono with respect to this fact situation and inquired as to the availability of a dock on Parcel B. Mr. Tearse was assured that as far as the :y was concerned, a permit for dock construc- tion would Lj issued, but the LMCD Ordinances would have to be dealt with. See Exhibit 10-A -- Letter from Zoning Administrator. In 1984, not fully understanding the "principal structure" requirement of the City's ordinances, the present owner constructed a dock on a part of Parcel B, including a part which was within the unused and unusable portion of Ferndale Road which was under water, received the letter attached as Exhibit 10-B citing lack of permits and non-compliance with the principal structure require- ment, and immediately removed the dock structure. The obvious implication of the letter is that the construction of a residence on Parcel A would solve the problem. CONCLUSION: Lakeville Elevator Company now has a prospective purchaser for Parcels A and B who wish to construct a principal structure on Parcel A. The purchaser also wishes the Permit to include permission for a dock on Parcel B and - 6 -