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„re': Ke Aff(c <br /> Christine Mattson <br /> From: Melanie Curtis <br /> Sent: Tuesday, May 31, 2011 4:13 PM <br /> To: 'Piazza, Lisa R' <br /> Cc: info@Imcd.org; Mike Gaffron; Christine Mattson <br /> Subject: RE: Lake Shore Property Question 2697 Ethel <br /> Lisa <br /> I spoke with Mike Gaffron, Assistant City Administrator about your question. If you have follow up questions <br /> on the information I provide below please contact Mike at 952.249.4600 or mgaffron@ci.orono.mn.us <br /> directly. He is having difficulty with his email at this time so I will forward you his response. <br /> Mike's response: <br /> We have in our files the same documents you included in your email. We didn't previously have any indication <br /> that the two LMCD documents had been filed, so that is a new piece of information for us. <br /> First off, note that I am not an attorney, and this is not something the City Attorney will get involved in. You <br /> should have an attorney review this situation. That being said, my understanding based on a reading of the <br /> documents is that 2691 has an easement of record to use part of 2697 for driveway purposes and for <br /> (presumably shared) use of 2697's lakeshore for "private bathing and dock". Because of converging extended <br /> lot lines,the standard dock use area defined by the LMCD codes for 2691 would not accommodate a dock of <br /> reasonable length, according to the LMCD Board, so the Board in 1994 (see the Order) granted a variance to <br /> allow for a single shared dock for 2691-2697. At the same time, the Board apparently agreed to an <br /> "adjustment" of the dock use area by angling the outer shared lot lines (with Runkle on the north and <br /> Kauffman on the south) by 25 degrees. The Board limited the shared dock to 40' in length and it must be set <br /> back at least 5' from the adjusted extended lot lines. The second LMCD document (the Memorandum) <br /> describes the Board's reasoning for doing this, but does not address whether Runkle or Kauffman find this <br /> acceptable, and doesn't make a judgment as to whether Runkle's or Kauffman's property rights are violated by <br /> this Board action. <br /> The question remains: do the properties at 2691-2697 have the right to extend a dock past Runkle's or <br /> Kauffman's original extended lot lines? There is no action the City can or will take to resolve this issue. The <br /> City generally defers to the LMCD with regards to dock locations on Lake Minnetonka. Ultimately, I suspect it's <br /> up to the 3 or 4 affected property owners to work it out. <br /> Thank you - Melanie <br /> Melanie Curtis <br /> Planning &Zoning Coordinator <br /> City of Orono <br /> 2750 Kelley Parkway <br /> Orono, MN 55356 <br /> Direct Dial: 952.249.4627 <br /> Fax: 952.249.4616 <br /> Planning &Zoning Office 952.249.4620 <br /> Email: mcurtisaci.orono.mn.us <br /> 1 <br />