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Robert Waade <br />June 27,2002 <br />Page 2 <br />2) “Fence needs repairing”. Code Section 10.03, Subd. 15(G)(5) requires that the owner of a <br />fence shall maintain it in a condition of reasonable repair and appearance and shall not allow it to <br />become or remain in disrepair or in a dangerous condition. Inspection of the marina’s fence along <br />your lot line confirmed one location where a board was damaged and partially missing. Mr. Briggs <br />has agreed to repair this section of fence. <br />3) “Cement and wood blocks, which are scattered about, need to be collected and stored out of <br />sight ” Code Section 10.41, Subd. 11(F) requires that “persons in charge shall at all times keep the <br />docksr sea walls, and premises in a neat and orderly manner and free from trash, rubbish, repair parts, <br />machinery, equipment and debris of all kinds.” City inspection of the site on June 10 found it to be <br />in a generally orderly condition. While there were a few items of blocking materials next to some <br />boats stored on the site, the majority of such was stacked approximately 5’ from the east lot line, <br />about 50' back from North Shore Drive, and about 8' high. Because the top of this stack was likely <br />visible from the upper windows of the adjoining duplex, the marina owner was directed that this <br />stack be lowered to a maximum height of 6' to make it no higher than the fence. Blocking materials <br />of wood or concrete are likely to be used on an ongoing basis in certain areas of the marina site. The <br />City does not find the current storage of such materials on the site to be visually offensive. <br />4) “Boats are parked too close to fence, within 1 O' setback, and create a firi» ^ayarH” The Orono <br />Fire Marshal has indicated that as long as a fire lane is maintained around the building, there is no <br />specific requirement for a fire lane around the perimeter of the site; also that there is no specified fire <br />hazard to buildings which are 20' or more from combustibles. All of the buildings on your property <br />are more than 20* from the lot line except a comer of your house which is 15' from the line. Boats <br />stored on the site appeared to be set back a few feet from the easterly fence, and it is my <br />understanding that the fence is approximately one foot onto the marina side of the lot line. The <br />City’s conclusion is that the boats are not creating a definable fire hazard. <br />5) “Debris and blocking and miscellaneous materials are in side setback areag *Th<» only <br />materials found in the 5’ side buffer/setback area (see item 6) was a stack of dock floats which the <br />marina owner is being required to move to be at least 5' from the side lot line. <br />6) “10* setbacks on each side, as well as the front and back, should meet requirements of <br />landscaping”. The absence of landscaping areas meeting the minimum widths defined by code <br />Section 10.41 Subd. 10 is considered as a legal nonconforming situation for this marina. A marina <br />has existed at this site since prior to 1962 when the City began to license marinas. In December 1974 <br />the City established landscaping standards for marinas. The City in a 1975 Operations Agreement <br />with North Star Marina, Inc. (one of the predecessors to Wayzata Marine) established an undefined <br />width landscape area along the east boundary of the site, and required that certain plantings be <br />completed within four years. Along the west boundary a 3' landscape area was established. The <br />plantings along the cast boundary were at least in part completed, as evidenced by a number of <br />existing mature tall arborvitae along the fence today. However, a 5’ buffer has been all that the City <br />has attempted to maintain along the east boundary in the last 20 years. The site has been paved to <br />within 5’ of the east lot line for many years, with wooden border timbers still existing along the edge <br />of the pavement. Some of the 5' buffer is vegetated, much of it is not. The City has not required