07-15-1991 Planning Packet - Laserfiche WebLink

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Zoning File #1505 July 5, 1991 Page 2 - . LMCD Ordinances Section 2.03 - Allowed Dock Length A. Allowed = 100' Previous year = 125' Current year = 100'- The current water level will not necessitate extension of dock beyond 100*. Review of Application The applicant's propose a day use recreation area requiring conditional use permit approval. Please note the conditional use permit for day use recreation allows for occassional overnight camping. Standards set forth in the code for such use are listed under Section 10.31, Subdivision 3 (C) (1-9). Status of Application At the November 19, 1990 meeting of the Planning Commission, the application was tabled pending the receipt of additional information and legal clarification as to whether Big Island, Inc., an association of unrelated members, qualifies as a legal applicant and whether this association must be a non-profit corporation. The City staff was also asked to confirm actual number of members <n relation to existing area and to inspect facility to determine how association's use complies with Section 10.31, Subdivision 3 (C) (1-9). In addition, staff was to review overnight camping use of association to determine if a separate ‘ i< ‘ ■ ■ ■ ‘ ■ 'conditional use permit would be required. Response to Issues Raised Above A.City Attorney's opinion concerning legal issues raised with current application. Review Exhibit C. 1.Non-profit corporation. Clearly Big Island, Inc. is a for-profit corporation. As Ms. Shapiro's opinion notes, the corporation does not pay dividends nor do shareholders realize any profit in the event assets of the corporation appreciate but if the corporation is dissovled pursuant to the sale of the property, current shareholders would share in the disposition of the proceeds of that sale. This suggests that the corporation is for profit rather than non-profit. Ms. Shapiro is not convinced that your code suggests that this is required. L_