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Eric Berg Variance Request <br /> Lake Minnetonka Conservation District <br /> (Originally considered August 22, 2007) <br /> Eric Berg bought his home at 2965 Casco Point Road in 2000. At the time, he was told <br /> by the realtor that he had the right to keep a dock on the riparian shoreline of Lake <br /> Minnetonka, as his predecessors in title had all done. His lot is configured in an <br /> unusual way and it has only 20.00 feet of riparian shoreline on Lake Minnetonka (at <br /> OHW 929.4). Mr. Berg has since confirmed that the prior owners used a dock <br /> configured with a single straight stringer running from the wood frame steps centered on <br /> his lot and leading down to the shore. Mr. Berg kept a dock and a boat at the shoreline <br /> without objection until 2005 when the LMCD staff notified him that his dock & boat must <br /> be removed. He has not been permitted to keep a dock for the 2006 and 2007 boating <br /> seasons. <br /> Eric Berg makes this variance request without prejudice to his right to keep a dock on <br /> Lake Minnetonka as a legal non-conforming use. <br /> Relevant Facts: <br /> Prior to July of 1977 the City of Orono was aware that a portion of the traveled public <br /> street adjacent to 2965 and 2967 Casco Point Road was not constructed within the <br /> platted right-of-way. While the City maintained the public road, it had no recorded <br /> easements for the traveled route. Furthermore, the right of way that had been originally <br /> laid out and dedicated in the area was too close to the shoreline of Lake Minnetonka to <br /> be of practical use for road purposes. <br /> In July of 1977, the Orono Planning Commission suggested that property owners <br /> adjacent to the improperly located right-of-way consider combining a formal request for <br /> vacation of the unimproved platted right-of-way and an offer to convey a portion of their <br /> land to the City for roadway purposes (some of which had been improved as a road <br /> many years earlier and was then in use as a public road). As a result of these <br /> discussions, Hamilton and Charlotte Moran appeared before the Orono Planning <br /> Commission to discuss their existing rights as the property owner of homes at 2965 and <br /> 2969 Casco Point Road. (Note: both homes were located on a single parcel of land.) <br /> The City Planning Commission encouraged the Morans to assist the City in resolving <br /> the poorly defined right-of-way in the area. While appearing before the Planning <br /> Commission, the Morans were encouraged by the Planning Commission to subdivide <br /> their property into finro separate legal parcels. The Planning Commission members <br /> were aware that the Moran's had two separately occupied single family homes on their <br /> property, that said homes had been in existence for more than 50 years, and that each <br /> home had a separate mailing address. The Planning Commission members were also <br /> specifically aware that each home used a separate seasonal dock on Lake Minnetonka. <br /> At the Planning Commission meeting on August 1, 1977, the proposed plan for <br /> subdivision was reviewed and a Public Hearing was held. <br /> ; <br /> � � � i �� � <br /> � � � ,� <br /> � � ' U <br /> �. ,�j �'��i��, E rtLi � Is <br /> i� <br /> f� . <br /> ! <br /> , ,\ <br />