HomeMy WebLinkAbout1987-01-26 Letter, Dock RegulationsCITY of ORONO
P-1 Officr IM.x V ei'r7gal Itay, Minn—ta S UteMuniripal Oftkra
On the North Shore n/ Luke Minnetonka
January 26. 1987
Mr. David A. Dl nis
17308 Hampton Ccurt
Minnetonka, 111 45
Re: 31865 Ba,r i h ad
Dear Hr. Dianis.
it is our present understanding that in dealing with the Lake
Minnetonka Conservation District, they have indicated to you that
they would have no problem with your docking should one of you
grant certain docking rights to the other either through the
agreement relating to docking rigilLs by Dianis' granting the
Harrens certain rights to use a dock or through the expansion of
an easement.
This letter is written to advise you that the City of urono
considers donks to be accessory structures and that an accessory
structure can only exist when there is a primary structure on the
property. In this particular case any docks on Lhe property
obviously are subject to LMCD code, but must belong to the lake
front property owner. As an alternative short of the Dianis'
granting certain docking rights on their dock to the Parren
property, you may be considering a possible expansion o: the
existing easement in order for a dock on that easement to meet
LMCD setback requirements. It should be noted that the City may
also have setback requirements. Any expansion of this easement
would require an application for subdivision from the City. It
should be noted that the City's position in the past has been
that they will not gran: such easements which create additional
lakeshore properties that do not meet the zoning district
requirements for front footage.
In the past you asked the City for r clarification regarding
the realm of trespassing laws. Minnesota, Statute 609.605
regarding trespassing and other acts requir:s that the owner or
his agent be present to request the trespassers to leave before
persons present actually becomes a tresoass under the law.
However if the trespasser has a "claim cf right" as Mr. Lee
Harren may ;possibly have in this case, the crime of trespass has
not b^en committed. Therefore it would appear that the "right"
BUILDING! 20N[NG - 4714757 • ADU NISTRATION a FINANCE - 477.735/ • PURLIC WORKS - 473-7359
ASSLSSING
Mr. Davit A. Diani3
Page 2
January 26, 1987
or "Weight" of the casement must be decided first. Once this
Matter has been decided it may still be difficult for the law to
be enforced. Enforcement may start with signs being posted.
This would then be followed with a letter to the persons likely
to be trespassing. Finally that the owner or agent needs to be
present and can enforce the trespass by calling the Police.
Should you have further questions regarding any of these
matters please feel free to contact myself. Specifi,: questions
regarding trespassing may be addressed to Police Chief Mel Kilbo.
Sincerely -1,
Hark Bernherdson
City Administrator
MEB/dh
cc: Frank Mixa, Lake Minnetonka Conservation District
JcEllen Hurr, Jrono's Representative LMCD
Jeanne Mabuath, Zoning Administrator
John Gerhardson, Public Yorks Courdinator
Mel Kllbo, Police Chief