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o - CITY of ORONO Ir Ay vs, , Municipal Offices .<441-1, Street Address: Mailing Address: �i'EggO 2750 Kelley Parkway P.O. Box 66 Orono, MN 55356 Crystal Bay, MN 55323-0066 April 11, 1997 Gary Will 2350 Olive Avenue Wayzata, Minnesota 55391 Dear Mr. Will: Carolyn at Re-Max asked me to send you this information regarding the apparent easement "for bathing and boating purposes" over the westerly 25' of Lot 13, Wallace's Addition to the Village of Minnetonka Beach, which appears in the legal descriptions of many properties in Wiley's Navarre Addition Lake Minnetonka. The Wiley's Addition lots are not riparian and your Lot 4 is located some 600' distant from Lot 13. Your lot 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 your Lot 4. Your situation is not unique. Other property owners in Wiley's Addition have similar language in their titles. And, 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. I am enclosing a copy of the Zoning Code sections noted above as well as Section 5.42, "Joint Use of Lake Facilities". It appears that your proposed use does not fit any of the categories defined as joint use in Section 5.42, Subd. 1(E), because your Lot 4 is not a riparian lot, nor is it a non-riparian Telephone (612) 473-7357 • FAX 473-0510