1985-11-25 Resolution 1886 - Laserfiche WebLink

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City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 1H86 A) The total property consists of a buildable lot and a 251x25' lot separated from the building lot by a public road. B) The property has been recognized as one unit on the Certificate of Title for several years. C) The homestead or buildable portion of the property is located 66 feet from the smaller tract that is riparian to Lake Minnetonka. D) The two parcels cannot be combined because they are separated by public road. E) The riparian tract is located within a protected lagoon area. F) The tract is 25 feet in width; a dock can be built per standards of the Lake Minnetonka Conservation District without the need for variances. G) The riparian tract was created in 1945 prior to adoption of formal subdivision regulations and is substandard per current zoning standard•;. H) Previous owner and current owner were never advised of the need to apply for :i variance to construct a dock only that a house must be i;uilt on Lot 6. The Orono staff had always advised the property was riparian to Lake Minnetonka. I) The riparian tract and portions of the adjacent public road right-of-way are now submerged by Lake Minnetonka. J) The City Attorney has submitted a written opinion dated September 6, 1985 that confirms the property owner "possesses the necessary right to construct a dock" and that the property owner may use portions of the dedicated public right-of-way not used by the City if this use does not conflict with the public's use of the roadway or create hazards in the public use of the road right-of-way. K) The use of an independent tract for solely riparian purposes by a neighboring property divided or separated by public or private easements or public right-of-way is consistent with current patterns of use of the lakeshore within the City. Page 2 of 5