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• `M <br />LAKE MINNETONKA CONSERVATION DISTRICT <br />In Re: Application of Michael Revier <br />MEMORANDUM <br />In the above referenced case, the owner of the property adjacent to the <br />applicant's parcel to the north, Mr. David Runkle, objected to the granting of the <br />variance for a number of reasons. The board has chosen to address two of these <br />issues in this memorandum. Try first of these arguments raised by Mr. Runkle is <br />that the applicant does noL have the legal right to construct the docks cver the <br />extznded lot line between the Revier and the Runkle properties on land which is <br />under water below the ordinary high water mark. <br />Although land between the ordinary high water mark (OHWM) and t: ie ordinary <br />low water mark (OLWM) may be privately owned, the board is not aware that the <br />OLWM has ever been determined for Lake Minnetonka. Without such a determination, <br />it would not be possible to evaluate the merits of Mr. Runkle's claim beeiiuse the land <br />below the OLWM is owned by the state of Minnesota and cannot be privately owned. <br />Moreover, the between the OHWM and ( ' ' 'M, the use of private property is subject <br />to reasunable regulation by uth .y. Whether allocating lake access among <br />riparian owners may constiti. ,t reasonable regulation has not been determined. <br />In any case, the board must decline to decide the case on the basis of this claim for <br />both legal and practical reasons. Legally, the board has Ti,-- authority to adjudicate <br />adverse claims to real property. Because the board has no legal authority, it would <br />make little sense as a pre--tical matter for the board to attempt to decide the issl+e on <br />the basis o" 's opinion about real property interests of tY tar ies. Any decision <br />made on ti. _ -.eis of the board's findings on real proper+•- rests would properly <br />be subject to challenge by either of the parties, and the board would be placed in the <br />position of attempting to defend private real property rights of one citizen against <br />the adverse claims of another. <br />CLL61160 <br />LR110-4 <br />