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! : <br />15. <br />16. <br />17. <br />18. <br />19. <br />20. <br />III. SUGGESTED FINDINGS IN SUPPORT OF THIS RECOMMENDATION (Cont.) <br />Allowing development of the property for marina use (or boat <br />slip rental use) would adversely affect neighboring properties, <br />properties abutting Maxwell and Stubbs Bays and the quality <br />of Lake Minnetonka. Such adverse Impact could be described as <br />a legal •'nuisance” which Is substantially unwarranted. The <br />benefit to the property owners would be at the expense of the <br />neighboring owners and the public In general. <br />Use of the property for residential purposes Is compatible <br />with the neighborhood, would not Increase the demand for <br />public services and expenditures, and Is physically compatible <br />with the condition of the property and the condition of the bay. <br />Because of the physical flood plain restrictions, any development <br />of the property has special concerns or requirements but on the <br />whole, residential Impact appears to have more positive aspects <br />and fewer (or the same) negative restrictions as would commercial <br />development. <br />Any diminution In value which might occur because of the cessation <br />of commercial activity can most likely be attributed to arbitrary <br />or at best speculative value associated with the previous non- <br />vestlnR licensed rights to some given number of boat docks <br />constructed on and In the public waters. <br />The private right to unlimited commercial development of marginal <br />property, and the private exploitation of public waters is far <br />outweighed by the most general public right to reasonable, <br />compatible land use planning and general benefit. <br />The continued zoning and use of the property for commercial <br />purposes is not in the public interest.