Re: Easement rights/dock,etc - Laserfiche WebLink

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C1•.i l' or VKVIVV f b'144(SU5"IU W 1196 10:39 D :07/10 N0:193 The parties do not make it clear whether respondents are seeking a declaration that the ordinance permits the shared dock proposal, or whether they seek a variance from the ordinance as the ordinance does not permit such a use. There is , at least initially, an ordinance interpretation question. The Orono City Code defines "accessory use or structure" as a "use or structure subordinate to and serving the principal use or structure on the same lot and customa ily incid.: .l thereto. " Orono, Minn. , § 10 .02 (1) (1984) . The code also defines "use- accessory" as a "use subordinate to the principal use on a lot and exclusively used for purposes incidental to those of the principal use. " I.,,, 5 10 . 02 (72) . The code provides that : "No accessory building or structure shall be constructed on any lot prior to the time of construction of the principal building to which it is accessory. " ,fid. , § 10 . 03 , subd. 9 (A) . The code indicates that a dock is an accessory use under section 10 . 23 , subd. 5 (A) , which lists " (a) ny accessory use as regulated in the ' R-1A District and 'private docks ' subject to the City Code and other applicable regulations including boat storage density regulations" as a "permitted accessory use . " Construing these provisions together, we conclude: (1) a dock is an accessory use, and (2) the definition of the accessory use and the prohibition against building an accessory use before a principal use indicate that the code presumes there has to be a primary structure on the property in order for an accessory structure to be permitted. • -6-