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U :,: i"t , - t! ING <br />M I.' gInDA Kl T r IRA SEP 9 1935 <br />CITY OF MHO <br />TO: Mayor and City Council <br />FROM: Thomas J dio, City Attorney -r-i <br />RE: Granting i Permit for Construction of Dock: Shaver <br />Corporation <br />DATE: September 6, 1985 <br />INTRODUCTION <br />This memorandum will address some of the issues raised <br />by the request of Shaver Corporation for a permit to construct <br />a clock on the subject property. The central issues are as <br />follows: <br />1. Whether the property owner has the right to use <br />that portion of the dedicated public right of way not <br />used by the city; <br />2. Whether the dock need be constructed in conformity <br />with regulations of the Lake Minnetonka Conservation <br />District (LMCD) and ordinances of the City. <br />CONCLUSION <br />1. The property owner does have the right to use that <br />portion of the dedicated public right of way not currently used <br />by the City for construction of a dock. <br />2. Any dock constricted would have to comply with the <br />requirements of the LMCD and ordinances of the City. <br />ANALYSIS <br />I. The property owner possesses the necessary right <br />to construct the dock. <br />The question of the owner's right to construct a dock <br />on the subject property focuses on the unused and submerged <br />portion of the dedicated and platted right of way for Ferndale <br />Road. it is clear that the requested (jock could not be built <br />