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/G TO: Council FROM: Alan P. Olson, Village Planner / DATE: June 20, 1979 SUBJECT: Rhode/Hannah/Stewart Easement Matter From the Zoning -Planning perspective, I have the following comments to make: 1. If the City is expected to recognize some form of walkway/lake access easement, the interested parties should be prepared to first reach an agreement among themselves as to the details of the easement. The last comments/letters by Swenson and Mitchell indicate possible conflict over width, certain responsibilities and transferability. The City should not be expected to be arbitrator. 2. If an easement agreement is reached by the parties, and the Council finds the agreement acceptable, then a new resolution is in order to amend Resolution No. 851, to set out the conditions of any Council agreement and to extend the Rhode variance. This would clarify details of house location, dockage, variance expiration, etc. Bruce Malkerson should comment on the legal ramification of the various resolution proposals offered to date. 3. If joint dockage is accepted, I recommend that an annual joint use dock license be required as part of the Resolution, that the license be required for the duration of the easement agreement and that the license include dock location, watercraft limits, storage provisions, etc. identical to the easement. All parties to the easement should be parties to each annual license, either individually or through a joint association. 4. Actual construction of the Rhode residence should be addressed in the new Resolution to clarify location, setbacks, variance approval, and expiration, etc. BecauFe of the many lines drawn and several site drawings on file, I Suggest that a requirement for the permit be submittal of one complete certificate of survey which would show the following: A. Rhode lot boundaries, bearings, etc. including the 929.4 MSL shoreline and the location of the walkway and driveway easements.