Re: Easement rights/dock,etc - Laserfiche WebLink

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Frame 235 DL./v& !' CITY of ORONO Municipal Offices • -,, Gni/ Street Address: Mailing Address: IkesuOy 2750 Kelley Parkway P.O. Box 66 Orono, MN 55356 Crystal Bay, MN 55323-0066 September 13, 1996 John Ericson 1620 Shadywood Road Wayzata, Minnesota 55391 Dear Mr. Ericson: I have reviewed the information you provided, including the letter to City Attorney Tom Barrett from Stephanie Young, the Lofrano deed to Lot 13 noting the easement for "private bathing and boating purposes", the title entries noted, and the letter of response from City Attorney Barrett dated June 27, 1996 including the Stodola case. You are claiming that the "easement for bathing and boating purposes" over the westerly 25' of Lot 13, Wallace's Addition to the Village of Minnetonka Beach, gives you the right to construct a dock on that property, to serve the owner(s) of Lots 17 and 18, Wiley's Navarre Addition Lake Minnetonka. Lots 17 and 18 are not riparian and are located some 600' distant from Lot 13. Both Lots 17 and 18 as well as Lot 13 are within the City's LR-1C, Single Family Lakeshore Residential Zoning District in which "private docks" is an accessory use subject to the City code and other applicable regulations, including boat storage density regulation(Zoning Code Section 10.25, Subd. 5[A]). By definition, "accessory use or structure" is "a use or structure subordinate to and serving the principal use or structure on the same lot and customarily incidental thereto" (Zoning Code Section 10.02). The principal use of Lot 13 is the single family residence existing on Lot 13. Any dock on or in the lake adjacent to Lot 13 therefore can only be used by the owners/occupants of Lot 13. Based on the above noted code sections, City staff cannot issue a building permit for construction of a new dock on/adjacent to Lot 13 to serve Lots 17 and 18. Your Lots 17 and 18 are not unique. A number of other off lake properties in the Navarre area have similar "bathing and boating" easements over four City-owned parcels between Crystal Bay Road and Lake Minnetonka a few hundred feet west of Lot 13. The City has similarly taken the position that those off-lake owners do not have the right to construct docks on the lakeshore parcels. The only difference between that situation and your situation is that the lakeshore parcels owned by the City are vacant, which provides an even greater basis for denial. This is because no accessory structure may be placed on a parcel of land that does not have a principal structure. Telephone (612) 473-7357 • FAX 473-0510