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Council approves encroachment agreement allowing private dock across public park parcel at Orchard Trail
Summary
Lakeville City Council approved an encroachment agreement with property owner Michael Lesnow to install a private dock across a park parcel at Orchard Trail; council members raised concerns about lake access, congestion and precedent but staff said the property is riparian and the city can require removal if it needs the park land.
The Lakeville City Council approved an encroachment agreement on March 3 allowing a private dock to extend across a public park parcel at Orchard Trail, after council members questioned whether the structure would block access and set an undesirable precedent.
Councilmember Joshua Lee asked for additional discussion before the council vote, saying the proposed dock “stands out” because it would extend across the full width of the city parcel and could impede public access and add congestion to Lake Marion’s shoreline. “To me, adding another dock…is a concern,” Lee said.
City staff said the property in question had been reviewed and that the Minnesota Department of Natural Resources (DNR) and city records indicate the parcel touches shoreland in the northwest corner, which gives the adjacent property riparian rights. Staff said that if the city later decided to redevelop the park the property owner’s dock could be required to be removed under the terms of an encroachment agreement.
Councilmember Michelle Volk and others described concerns about the dock spanning the parcel and suggested alternatives such as locating the structure nearer the east side of an existing stream. Staff said the township and county GIS records show the city property directly abuts privately owned lots and that the proposed dock aligns with past determinations about shoreline access.
Councilmember Dan Wolter moved to approve the encroachment agreement with Michael Lesnow for private improvements on public property; the motion was seconded and passed on a roll-call vote (ayes recorded). The council and staff noted that the agreement includes conditions that the dock may be removed if the city needs the property for public use.
Why it matters: The decision affects public access to a small public park parcel on Lake Marion and could influence how the city handles future encroachment requests where private docks extend over public land.
The council approved the agreement during the consent-agenda sequence after discussing the item at length; no applicant representatives spoke at the meeting.
