2004-2005 Illegal Marina - Litigation File (case is closed; contents are public)

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.4it. 0 41. O O CITY of ORONO Municipal Offices Street Address: Mailing Address: L9 �� 2750 KelleyParkwayP.O. Box 66 kEBS� Orono, MN 55356 Crystal Bay, MN 55323-0066 June 30, 2004 Jodi Johnson Hinshaw & Culbertson LLP 3100 Campbell Mithun Tower 222 South Ninth Street Minneapolis, MN 55402 RE: 2740 Shadywood Road — Illegal Dock Rental This letter is intended to follow-up on our telephone conversation of June 29, 2004 regarding the negative impacts resulting from the commercial dock rental occurring on a residentially zoned property located at 2740 Shadywood Road. The City's primary concern is that a commercial use of a residential property is prohibited by the Zoning Ordinance. The purpose of the Zoning Ordinance is to protect the public health, safety and general welfare of the community. City staff believes this type of illegal use has the potential to negatively impact the public health, safety and general welfare of the community. Please consider the following: 1. A complaint was received from a neighbor whose primary concern was the large boats blocking views to the lake. Two of the boats identified during an inspection were 36 feet in length and 32 feet in length and both were docked inside the lagoon area. Any views the properties inside the lagoon had to the lake are virtually eliminated with the dockage of these boats. This was a verbal complaint received on 6-8-04 where the complainant wished to remain anonymous (my notes were summarized in the timeline previously sent to you). 2. With potentially 8+ non-resident boat users docking boats at this residentially zoned property, the increase in noise and traffic during all hours of the day can become a prominent nuisance for any immediate neighbor. Dock renters potentially will be coming and going at all hours creating noise and increasing traffic on residential property and on an already congested County Highway. Also, vehicles and/or trailers owned by the dock renters are parked on the site where limited space is provided and where vehicle maneuverability can be difficult. Overflow traffic is forced to park on the County Highway where traffic congestion already creates problems. 3. The increased traffic will generate headlight nuisances for adjacent neighbors, potentially during all hours of the day. 4. The dock renters are required to access their boats through a residential neighborhood. This increases the potential of trespassing and vandalism on adjacent privately-owned property. Also, the influx of unknown persons accessing their boats through private property creates a sense of insecurity within the neighborhood. Telephone(952)249-4600 • Fax(952)249-4616 www.ci.orono.mn.us