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activities/ swimming/ fishing, picnicking, athletic fields, nature <br />trails, and other day-use, It doer not appear that this section <br />of the Ordinance requires that a group of unrelated individuals be <br />incorporated as a non-profit organization. <br />As we discussed, the troublesome language is the sentence <br />which provides that the category includes -private non-profit <br />parks, and boating groups, clubs, and associations,- This <br />language appears to provide an example of the kinds of groups that <br />would be eligible for a conditional use permit under Section <br />10.31/ Subd. 3(c); it does not appear to modify to any limiting <br />degree the general provision that “lands or structures owned or <br />used by gnv private club, associationj or group of unrelated <br />individuils" must be a non-profit club or association. <br />Other Considerattons <br />I would call your attention to Section 10.31, Subd. 3(c)<l) <br />which relates to minimum dry-buildable record lot area <br />requirements. The section provides “if the number of expected <br />users at any one time exceeds 100, the minimum lot area required <br />shall be increased to maintain a ratio of at least 1.0 acres per <br />20 users." Pursuant to the Articles of Amendment of Big Island <br />Inc./ the corporation currently is authorized to sell 100 shares <br />of Class A and 100 shares of Class B stock (Class B stock may only <br />be purchased by the owner of a Class A share), If each owner of a <br />Class A share is a married person and the average size of a family <br />was 2.5 individuals, a hundred shares could result in the use of <br />the site by 250 people. Although it is unlikely that all <br />shareholders and their families would be using the t>Ue nt any one <br />time, the number of individuals who would be eligible to use :he <br />site would exceed the dry-buildable area acreage requirements as <br />set forth in Section 10.31, subd. 3(c)(1). It appears that the <br />applicant has a total area of 5.46 acres. The amount of shares of <br />stock avsilable for sale by Big Island Inc. may create some usage <br />or performance problems under Section 10.31, subd. 3(c)(1), which <br />I called to your attention but provided no comment on. <br />I hope that I have been helpful in answering the questions <br />you raised. Should you require any additional information, please <br />feel free to contact me. <br />cc; Thomas J. Barrett <br />1312SPS <br />-3- <br />r.' s- to arn _ . . _