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� <br /> � � Page 9 <br /> MACKALL, CR ❑ UNSE S� MOORE <br /> y � <br /> August 18 , 1977 <br /> • Page Three <br /> � rear line and runs north 10 feet into the Becker' s property, takes <br /> � another left turn and runs 37 feet along the southern border of <br /> Mr. Becker' s property to its rear line . See the diagram attached <br /> � as Exhibit B. <br /> � In December, 1976 , Mr. Rhode purchased the subject property <br /> • from the Rogers and the deed was filed necember 23 , 1976 . P�r. Rhode <br /> has no idea why the easements were originally granted. In fact , Mr. <br /> � Rhode was unaware of their existance until after he made his offer <br /> to purchase the lot. The Fox-Herfurth listing sheet neglected to <br /> � rn�ntion their existance. <br /> � �1R. RHODE ' S PRESENT PLATIS G�]ITH RESPECT TO THE EXISTING <br /> � DOCK EASEMENTS AND HIS INDIVIDUAL DOCK NEEDS . <br /> At the December 20, 1976 , Planning Commission P�Zeeting the <br /> Planning Commission suggested the following: <br /> � "One dock only with sufficient s�ips to accommodate <br /> dock rights of parties wno had dock easements over <br /> the property prior to the City' s adoption of the new <br /> dock regulations . " <br /> � Mr. Rhode is in agreement with Orono ' s current ordinance re restricting <br /> • docks to those with actual lakeshore frontage, and relative to his own <br /> lot, would much prefer the two dock easements did not exist. But since <br /> � they do, he recognizes he must and is willing to live with that situation. <br /> However, these lake access easements and dock rights should not prevent <br /> � Mr. Rhode, as the owner of the lakeshore property, from exercising <br /> his right to have a dock on his property. <br /> � <br /> THE EFFECT OF THE WALK[aAY EASEMENT ON THE SIDE-YARD <br /> a REQUIREP�lENT. <br /> � The dock easement �ahich is exclusively a walkway easem�nt <br /> should not affect the side yard set back requirements . Mr . Rhode ' s <br /> construction proposal which places the northern most corner of the <br /> d�aelling at least 10 feet south of the lot line dividing the Becker' s <br /> and Mr. Rhode ' s property not only satisfies all applicable Orono <br /> � ordinance provisions , but also fulfills the historical purposes for <br /> which side yard minimums were created. <br /> � <br /> Ordinance No. 30 . 040 defines "side yard" as iollows : <br /> "Yard-Side. A yard extending along the side lot line <br /> between the front and rear yards , having a width as <br /> � <br />