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. _ + <br /> CI'�� of ��i0� <br /> Post Office Box 66�Crystal Bay, I�tinnesota 55323•Municipal Offices <br /> On the North Shore of L¢ke 1Vlinnetonka <br /> January 26 , 1g87 <br /> t�r . David Aa Dianis <br /> 17308 Hampton Court <br /> ;�innetonka , 1�N �5345 <br /> R� : 3865 Bayside Road <br /> Dear Mr . Dianis , <br /> It is our present understanding thai in dealing with Lhe Lake <br /> �linnetonka Conservation District, they have indicated to you thaz <br /> they woald have no problem with your docking should one of you <br /> grant certain docking rights to the other either through the <br /> agree�ent relating to docking righLs by Dianis' gran�ing the <br /> Harrens certain rights to use a dock or through the expansion of <br /> an easernent. <br /> T�is letter is written to advise you that the Ciiy of Orono <br /> considers docks tio be accessory struetures and tnat an accessory <br /> structure can only exist when there is a primary structure on the <br /> property. In tnis particular case any doeks on the property <br /> obviously are subject to LI�CD code, but must b�long to the lake <br /> front property owner. As an alternativz shori, of the Dianis' <br /> granting certain docking rights on their dock to the Harren <br /> groperty, you may be considering a possible expansion of the <br /> existing easement in order for a doek on that easement to meet <br /> LMCD setback requiremen�s. It should be noted that the City may <br /> also have setback requirements, Any expansion of this easemant <br /> would require an application for subdivision from the City. T� <br /> should be noted that the City' s position in the past has been <br /> that they will not grant such easements which creaL-e additional <br /> lakeshore p-roperi,ies that do not meet the zoning district <br /> requirements for front footage. <br /> In the past you asked the City for a elarification regarding <br /> tne realm oi trespassing Iaws, i�linnesota Statute 609.b05 <br /> regarding trespassing and other aets requires tha� the owner or <br /> nis agent be present to request the trespassers to 12ave before <br /> persons present actually becones a trespass under the law. <br /> However if the trespasser has a "claim of right" as Mr. Lee <br /> H2rren may possibly have in this case, the crime of �respass has <br /> not been committed. Therefore it would appear that the "rignt" <br /> BUILDING&ZONING—473-7357 • ADMINISTRATION&FINAiVCE—473-7358 � PUBLIC WORKS—473-7359 <br /> ASSESStNG <br />