10-28-1985 Council Packet - Laserfiche WebLink

Home Browse Search

Works Coordinator has indicated that a further 10 feet beyond the pavement must be available for City use for maintenance of the road. The construction of a dock on Parcel B would intrude into this a 10 foot area needed for maintenance of the road and consequently interfere with the City's Ferndale Road easement. Consequently a dock may not be constructed on Parcel B. Expectation And Reliance On Letters 1. The Letter From Ms. Mabusth. On April 28, 1982 Ms. Jeanne A. Mabusth, City Zoning Administrator, wrote a letter to H. H. Tearse summarizing their telephone conversation of the same date concerning a proposed dock on Parcel B. In Mr. John J. Taylor's statement of facts and argument in support of issuing building permit to Shaver Corporation of Wayzata for a dock to be constructed on a part of Lot 9, North Shore Cottage Acres, this letter is characterized as follows. "Mr. Tearse was assured that as far as the City was concerned a permit for dock construction would be issued, but the LMCD ordinances would have to be dealt with." First, it is apparent from the text of the letter that Ms. Mabusth was not fully informed of the facts concerning Parcel B. Nowhere does she mention that a portion of the dock must be constructed on a City easement. And Ms. Mabusth speaks in terms of one lot, not two lots. Therefore, Ms. Mabusth's assurance that "the City of Orono will issue a building permit for the construction of the proposed dock" was not based on all the relevant facts. Second, the latter clearly states two further requirements that must be met betore -oiistr.uctincx a dock. A building -9-