01-09-1989 Council Minutes - Laserfiche WebLink

Home Browse Search

MINUTES OF REGULAR ORONO COUNCIL MEETING JANUARY 9, 1989 ZONING FILE 11296 PETERSON /STODOLA CONTINUED Council to take another look at it. The applicants have now asked for a lot line rearrangement. Using a lot line rearrangement the applicants propose a shared dock not to exceed four slips. The shared dock would be located on the Tillotson homestead lot, requiring a lot line rearrangement as the existing Tillotson dock is located within the applicants' property, Tract F. Other issues related to this include the need for dredging, which would have to be approved by the DNR. Bernhardson stated the code section that is applicable in this situation is not under the land use section, but under Chapter 5, Joint Use Dock Licenses, which requires a license anytime more than two persons share a dock. The "persons" issue does not say residential lot owners, abutting property owners, etc., it just states "more than two persons ". The applicants are here tonight to outline what they want to accomplish and to request the Council to allow them the use of a joint use dock. Some members of the Council had indicated some reluctance to allow this and indicated the appropriate place to address allowing two or more persons, who are not residential owners, to share a dock would be an amendment to Chapter 5. If that is the direction Council wants staff to take, after hearing the applicants tonight, staff will bring that back to Council at a future meeting. Attorney for the applicants, Paul Skjervold, reviewed for the Council the property currently owned by Peterson and Stodola. Tract F and Tract G. The owner of Tracts C, D, E, and 003 are owned by Mr. Gustafson. We do not know who owns Tract B as of this date. My clients presently own Tract F and G and they presently have the authority from the DNR to dredge the lagoon. They propose that Mr. Tillotson purchase the land immediately to the east of his property and then Peterson and Stodola will transfer part of Tract F, which is the portion of land where the Tillotson dock is located. Peterson and Stodola will then purchase Tracts C, D, and 0003 from Mr. Gustafson and make it one ownership in conjunction with Tracts G and the remainder of F. They propose to use the dock that is presently in place on Tract F in conjunction with Mr. Tillotson, two slips would be used by Mr. Tillotson and two slips would be used by Peterson and Stodola. Councilmember Goetten stated that if it was not directly stated in our code, that is is the intent of the code that any accessory structure on a piece of property had to be accessory to the residence on that specific property. She stated it was unfortunate for the applicants that they have gone through the time and expense regarding this application. If it is necessary to amend the code to make this intent clear she is in favor of such a change. . Mayor Grabek stated the City would be opening "Pandora's Box" by approving this application allowing docks without a principal adjacent structure. He suggested a lot line rearrangement so that Mr. Tillotson could utilize a dock on his property or relocate the dock onto his property. 3