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HomeMy WebLinkAbout1985-07-20 Letter, Dock Construction EasementJuly 20, 1986 Mr. Frank Mixa Lake Minnetonka Conservation 400 East Lake Wayzata, Minnesota 55391 Dear Mr. Mix&: s 3Yb p C�@RC� ods qty i Thank you For taking time to answer our questions, and researching the answers to Lake Minnetonka Conservation regulations concerning a dock constructed on our property at, 3865 Bayside Road, Orono. by Mr. and Mrs. Lee Herren, 3895 Bayside Road, Orono, telaphone (473-0340). In 1970 Mr. and Mrs. Christopher N. Winkler owned 3885 Bayside Road, and the lot behind the said property that we are discussing. On July 27. 1970 Christopher Winkler went to the City of Orono and was granted the right to divide the land, which is now 3895 Bayside Road. You will note we have enclosed a copy of this meeting and the grant. You will also note that at this time there was no statement, or grant, of a walk easement on the South 10 Feet of that parcel of land by the city of Orono. Mr. Winkler then went on July 30, 1970 to the Hennepin County and drew up papers that stated a walk casement and including the right to construct a dock into the lake adjacent thereto. You oil! find enclosed copies of this paper drawn by Hennepin County. After many discusaionz with Jeanne Mahusth, Building and Zoning Administrator, of the City of Orono. she referred us to you. Jeanne Msbus,n noted that from July 27, 1970 meeting , approving the division of the land, Christopher Winkler at 3865 Bayside Road, Orono, that the City of Orono only approved this division, and nothing more. This document shows that the City of Orono did riot grant Mr. Winklers request for the walk easement, or to build a dock on this said property. Later this property was sold to William and raula Winter, 3895 Bayside Road, and then to the aware currently. Mr-. and Mrs. Lee Harren. In the City records of Orono, Jeanne Mabusth, did not Find any grant ever to build a dock by Winters, or Horrens on the South iD Feet of our property. She, also never found a building permit by either parties to construct a dock &L 3865 Bayside Road. She also stated that the City of Oronu did nut recognize buliding docks In a 10 Foot casement. She also could not Find anywhere that the walk casement was grunted by the City of Orono in the First place. Because of the many unsettled questions, and the anowers, '+I Mr. Frank Mixa page two she requested that we should see you for the correct rights of the lake. Bid Mr, and Mrs. Lee Harren apply For a variance to maintain a dock at 3865 Bayside Road? Oid they have a permit to construct a dock at this said property? Not only do we Feel From our research, and talking to you, and Jeanne Mabusth, that the Harrens are out of order, we also have another BIG PROBLEM!! You will note in the enclosed picture that Lee Harren is not on the South 10 Feet of our property line with his dock. His clock starts at about 1S Feet on the property and goes at least 30 Feet onto the land. He also has two boats at his dock and it happens to be one of the deepest parts of our lake frontage. You will note that it hinders where we place our boats, and it is very hard Ta- us to dock our boat without hitting his boats. With the dock starting at 15 Feet or more, plus the dock, plus his two boots, you can see that he is in violation of the law. Mr, and Mrs. Harren have never osked us, as owners of 3865 Bayside Road, if we would allow his boats, or dock, to be there and they have taken their rights beyond what they should be. Docs Mr. and Mrs. Lee Harren pay any ertra taxes for these type of lake rights? 0u a'iey really lave on official walk casement at all, since the City of Oronc did not grant it in 1970, or since, when this property vas granted division? We pay large amounts of property tax on this piece of land, and we feel we need the land protected by the City of Orono• and Lake Minnetonka Conservation. If the City of Orono did not make the grant, we Feel the City Attorneys• Popham, Haik, Schnobuch, and Uoty should protect our rights. We requ.st that Lake Minnetonka Conservation and the City cF Orono review this •situation at 3865 Bayoide Road, Orono. It looks to us that Mr. Winkler- took it upon himself legal rights that Orono did not epprove at that date, or it would be stated in the minutes. Also by the pictures you will note that Mr. and Mrs. Herren have taken on rights that are not granted to them either. We also thank you, Mr. Mixa, for calling us back May 29, 1986 after our meeting with you on May 27, 1986. You stated in the Follow up telKphono conversation that after Further research that a dock could NOT be constructed on an casement of this type and Lake Minnetonka Conservation would not grant approval. What should we do about this matter at hand? We ask for immediate inspection of this said property, 3865 Bayside Road, by the City of Orono and the Lake Minnetonka Conservation. Mr. Frank Miza page three Thanking you and Jeanne Mubusth For ynur cooperation, and i.iFormation, and research on tris matter. We look fo^ward in hearing From you both after the Inape-tion. Sincerely, /� "( i� � �,c.� � '.. n ' C_ � LLQ .t.• <. t/ Mr. and Mrs. Oavid A. Oienis 17308 Hampton Court Minnetonka, Mn. 55345 (935-2584) EnuIouurn5 CC: Jeanne 4lobusth CC: Attorneys CC: Mr. and Mrs. Lee Marren