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Zoning File #972 <br />October 22, 1985 <br />Rage 3 <br />The Planning Commission called specific attention to the City <br />Attorney's opinion. They noted that a dock could be constructed "on the <br />reused or submerged portion of the dedicated and platted right-of-way for <br />Ferndale Road". In review of the unique findings that staff cited <br />concerning the claim by applicant for riparian use of his property, the <br />Planning Commission made the following recommendation: <br />To recommend approval of the variance application of Shaver/Tearse to <br />permit the construction of a dock on a lot that was not designed to contain <br />a principal structure based on one or more of the following findings: <br />1. The homestead lot is located 66 feet from the riparian tract <br />divided by right-of-way of public road. <br />2. The property has been recociniz�.3 as one unit on the Certificate of <br />Title for several years. <br />3. Previous owner and current owner were never advised of the need to <br />apply for a variance to c.instruct a dock only that a house must be <br />bui It on Lot 6. The Orono staf f had a lways advi sed the property was <br />riparian to Lake Minnetonka. <br />4. The riparian lot ha, been taxed and current taxes have been paid. <br />5. A dock built to standards of the LMCD can be constructed within <br />the lagoon and create <io navigable hazards to public. <br />6. The two pi4rcels cannot be legally combined because they are <br />Feparated by public right-of-way. <br />7. The use an independent tract for solely riparian purposes by a <br />neighboring property divided or separated by public or private ease- <br />ments or public right -of. -way is consistent with current patterns of <br />use of the lakeshore within the City. <br />Approval is sul., ject to following cc;nditions: <br />1. Appllc:a*'1 execute a special lot. combination agreement recognizing <br />use reiationsnip between homestead and riparian lots. <br />2. Dcck to be constructed per LMCD regulations for existing lot <br />(prior to 1970) with lest than 40 lineal feet of lakeshore. <br />B. Permit to use portion of unused public• right-of-way. <br />The City has approved various improvements within unimproved public <br />rights -of -way. Staff can recall the City approving the following within <br />the last. fight years: <br />