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Ltr from Peper Law 6-23-21
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480 Big Island - 23-117-23-32-0062
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LA21-000017, CUP
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Ltr from Peper Law 6-23-21
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Place" is now privately owned. Therefore, the city has. no ability to grant permits to the public or <br />otherwise interfere with the private ownership of these accrued parcels within Bay Place. <br />I understand the city has also considered providing a permit for the unnamed alley shown on <br />the plat of Morse Island Park, roughly described as an approximately 16400t-wide extension west <br />of platted Meadow Lane, immediately to the south of Lot 6, Morse Island Park, owned by my client. <br />However, my client also owns Parcel No. 22-117-2341-0003, which is described as: That part of <br />Government Lot 3, in 22-117=31, lying southerly of the westerly extension of the northerly lot line <br />of Lot 8, Morse Island Park. <br />This land, consisting of a north -south parcel, 14 feet wide at the alley and fronting Lots 6, 7, <br />8, the unnamed alley and a portion of the land south of the alley, all along the shoreline, extends <br />south past the referenced alley. Consequently, the unnamed alley has no shoreline and there is <br />no authority for the city or any party to construct a dock on this alley Marcel Attached for your <br />reference is a 1984 survey of my client's shoreline parcel, which is also registered land. <br />Furthermore, as to the above property, the dock would be immediately out of compliance <br />with LMCD regulations since it would necessarily be within 10 feet of an adjoining property. <br />Nearly any dock on any claimed public alley or road would violate this provision. <br />Finally, I note that there are. at least 18 existing tax parcels without apparent lakeshore in <br />Morse Island Park, all of which would now appear to have the right to claim a city dock permit. <br />Would the City rotate this permit so that each parcel had an annual dock once every 18 years? Do <br />you choose winners and losers? How would the city go about implementing this process while <br />maintaining fairness to each of the landlocked parcels? <br />Additionally, my client has learned that the zemaining owners on the Morse I <br />of Big Island will be presenting to the city a petition objecting to the city's ability to <br />licenses or other permits for use of docks on any of the vacated parcels. My client ah <br />objects to the pending dock applications because such dock placements and/or usage <br />City and LMCD ordinances and regulations. <br />Please contact me if you have any further questions. <br />Encl. <br />cc: Jeremy Barnhart, Comm. Dev. Director <br />Orono City Attorney <br />Orono Planning Commission <br />Client <br />Very Truly- urs, <br />William C. Peper <br />Park side <br />specifically <br />rill violate <br />2 <br />
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