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City of ORONO <br />RESOLUTION OF THE CITY COUNCIL <br />NO. <br />A) The total property consists of a buildable lot and a <br />25'x25' lot separated from the building lot by a public <br />road. <br />B) The property has been recognized as one unit on the <br />Certificate of Title for several years. <br />C) The homestead or buildable portion cf the property is <br />located 66 feet from the smaller tract that is riparia., to <br />Lake Minnetonka. <br />D) The two parcels r-nnot be combined because they are <br />separated by public roa,.. <br />E) '.'he riparian tract is located within a protected lagoon <br />area. <br />F) The tract is 25 feet in width; a dock can be built per <br />standards of the Lake Minnetonka Conservation District <br />without the need for variances. <br />G) The riparian tract was created in 1945 prior to adoption <br />of formal subdivision regulations and is substandard per <br />current zoning standard:-,. <br />H) Previous owner and current owner were never advised of <br />the need to apply for •k variance to construct a dock only <br />that a house must be built on Lot 6. '1V ')rc o staff had <br />always advised the property was riparian *. ake Minnetonka. <br />I) The riparian tract and portions of the adjacent public <br />road right-of-way are now submerged by Lake Minnetonka. <br />J) The City At.•.orney has submitted a written opinion: dated <br />September 6, 1985 that confirms the property kwner <br />"possesses the necessary right to construct a dock" and that <br />the property owner may use portions of tha dedicated public <br />right-of-way not used by the City is .,,is use does not <br />conflict with the public's use of the roadway or create <br />hazards in the publ:c use of the road right-of-way. <br />K) The use of an independent tract for solely riparian <br />purposes by a neighboring property divided or separated by <br />public or F.rivate epgements or public right-of-way is <br />consistent with currt-, patterns of use of the lakeshore <br />within the city. <br />Page 2 of 5 <br />