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Jim Zimmerman <br /> Au�ust 9, 2000 <br /> PaQe 2 <br /> Subd. '_': License Reauired. It is unla�Tful for any persons to enaage or participate in <br /> business use without first havine obtained an annual Iicense therefor from the Cin�. <br /> Subd. 6: Business lise Licenses Limited.to B-2 Zone. No business use shall be <br /> Iicensed in any zoning district other than B-?, except when a business use is allowed <br /> by ordinance in another zonin� district, such use conducted in said district shall not <br /> be required to obtain a Iicense. <br /> Per the above,a business use requires a Iicense 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/Vv ittman situation seems to be ever-chanainQ. We were advised last <br /> Thursday b�� a representative of Bates that Bates has no intentyto re-titling the boat to <br /> �Jittman. Bates claims to have been leasin� the land (and its attached dock space) from <br /> Wittman for a rew vears. Bates� representative claims he has a right to use the dock space <br /> because he is renting the land which includes the doc� space, and is technically the <br /> `occupant' of the property�. The code allows a boat to be docked when it is owned b�� the <br /> occupant of the propem�. The City Attorney has reviewed the term `occupancy' in this <br /> context and has concluded that `occupancy' likel�% does not require actual Iiving on the <br /> property, but merely requires an occupant to have the leased ri�hts to use the land. <br /> Cin� staff will be followina this up b�� attemptina to obtain a copy of the lease. We are <br /> advised by Bates' representative that "Chop Chop" will be moved to a different site next <br /> year, hence the immediate issue ma�- be resolved in a few months. City staff will be <br /> considerina possible code revisions prio� to the 2001 boating season to close this apparent <br /> loophole. <br /> Please be aware that until last week the Citv Attome� has had no direct involvement in this <br /> specific matter. We l:now of no action by the City Attorne��to force the removal of"Chop <br /> Chop" in ?1 days, in � da��s, or in anv number of davs. Start has r.ad a number of onaoin� <br /> discussions with Bates' and V�Tittman's representatives aver the last month, and the issuance <br /> of deadiines for action is a fluid process as inrormation is �ained. <br /> 2. Ginther/Ault Docl:.s. <br /> .A. Potential CUP Withdraw�al. <br /> Ginther and Ault have not vet wZthdrawn their CUP application. VJe are not <br /> convinced that they uTill withdrau� it. They have the riQht to withdrav�� it ir they so <br />