1997 - req. info on dock issue - Laserfiche WebLink

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? 1 0\,17 O 40 CITY of ORONO \''a WY''*1:; 4�, ( , ,n G, Municipal Offices t, Street Address: Mailing Address: `9kesuOg' 2750 Kelley Parkway P.O. Box 66 Orono, MN 55356 Crystal Bay, MN 55323-0066 May 22, 1997 David P. Hubert, Attorney At Law 121 West Main Street Suite 200 Waconia, MN 55387-1023 RE: Requested information on Westlake Street dock issue Dear Mr. Hubert: You have requested information regarding the the City's position regarding an easement purportedly granting some form of lake access,and perhaps the right to have a dock,to the owner of Lot 3,Block 2,Hillside Park over Lot 12,Block 1,Hillside Park. Both aforesaid lots abut Westlake Street,a City right-of-way which ends at the shore of Stubbs Bay, Lake Minnetonka. Lot 3 is not riparian since it does not abut the lakeshore, and in fact is located approximately 400' distant from Lot 12 and 400' from the lakeshore. Lots 3 and 12 are within the City's LR-1A, Single Family Lakeshore Residential Zoning District in which "private docks" are an accessory use subject to the City code and other applicable regulations, including boat storage density regulation(Zoning Code Section 10.23, 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 12 is the single family residence existing on Lots 10-12. Any dock on or in the lake adjacent to Lot 12 therefore can only be used by the owners/occupants of Lot 12. Further, the Orono Zoning Code prohibits residential property owners from engaging in the "business of docking,mooring or storing boats",which is defined as'renting or otherwise providing space, including boat buoys,for docking,mooring or storing one or more boats belonging to persons other than the owner or occupant of the property, except when licensed as a joint use', unless a Marina Business License is obtained. Such a license cannot be issued except in the B-2 Marina Business zoning district(Municipal Code Section 5.43, Subd. 1, Subd. 6). The Joint Use regulations are also enclosed. It is my opinion that the City would not issue a joint use dock license for this situation(Section 5.42). Telephone (612) 473-7357 • FAX 473-0510