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.. • <br /> Jim Zimmerman <br /> August 9, 2000 <br /> Page 2 <br /> Subd.2: License Required.It is unlawful for any persons to engage or participate in <br /> business use without first having obtained an annual license therefor from the City. <br /> Subd. 6: Business Use Licenses Limited to B-2 Zone. No business use shall be <br /> licensed in any zoning district other than B-2,except when a business use is allowed <br /> by ordinance in another zoning district,such use conducted in said district shall not <br /> be required to obtain a license. <br /> Per the above,a business use requires a license and a business use license may only be issued <br /> for a site in the B-2 zone,hence business use is not allowed in any residential zones. <br /> However, the Bates/Wittman situation seems to be ever-changing. We were advised last <br /> Thursday by a representative of Bates that Bates has no intent to re-titling the boat to <br /> Wittman. Bates claims to have been leasing the land (and its attached dock space) from <br /> Wittman for a few years. Bates' representative claims he has a right to use the dock space <br /> because he is renting the land which includes the dock space, and is technically the <br /> `occupant' of the property. The code allows a boat to be docked when it is owned by the <br /> occupant of the property. The City Attomey has reviewed the term `occupancy' in this <br /> context and has concluded that `occupancy' likely does not require actual living on the <br /> property,but merely requires an occupant to have the leased rights to use the land. <br /> City staff will be following this up by attempting to obtain a copy of the lease. We aze <br /> advised by Bates' representative that "Chop Chop" will be moved to a different site next <br /> year, hence the immediate issue may be resolved in a few months. City staff will be <br /> considering possible code revisions prior to the 2001 boating season to close this apparent <br /> loophole. <br /> Please be aware that until last week the City Attomey has had no direct involvement in this <br /> specific matter. We know of no action by the City Attorney to force the removal of"Chop <br /> Chop" in 21 days, in 5 days, or in any number of days. Staff has had a number of ongoing <br /> discussions with Bates' and Wittman's representatives over the last month,and the issuance <br /> of deadlines for action is a fluid process as information is gained. <br /> 2. Ginther/Ault Docks. <br /> A. Potential CUP Withdrawal. <br /> Ginther and Ault have not yet withdrawn their CUP application. We are not <br /> convinced that they will withdraw it. They have the right to withdraw it if they so <br />