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first mortgage dated <br />JAIltS P. KIVEKS has a <br />with a first option <br />[« <br />• m_^ <br />and that the fee ownership of said land Is In the naoe of Jack U-htlnen ana that <br />he has consented to the rezoning of the described property. <br />WHhRKAS, both pieces of described property Is traversed by Hennepin County <br />Koad and the described property is bounded on the easterly side by Drowns <br />Day of Uke Minnetonka and on the westerly side by Tanager Lake on the soutn by <br />a commercially zoned marina and on the north by res 1 dent1ally zoned property. <br />» <br />WHEREAS, by reason of Its location the property on Browns Bay Is adaptable <br />to development as a commercial marina because of Its access to open water and <br />does not present a safety or health problem. <br />WHEREAS, by reason of the smallness of Tanager Lake and the current number <br />of approved slips in tnls area, the expansion of any marina activities on tne <br />Tanager Lake side may constitute a Imedlate threat to the public health and <br />safety <br />^ WHEREAS, the current marina Is licensed for 1J« slips and there is pending <br />before the council an application for dock layout for forty (40) slips on <br />Tanager Lake and seventy-eight (7«) slips on browns Bay together with such <br />landscaping as necessary for said protection and appearance. <br />WHEREAS, the City has requested that there be no permanent structure or <br />parking on the parcel of land lying east of Hennepin County Road north of <br />the current building and-to use the resldentlally zoned property owned by Rivers <br />for obtaining the necessary parking spaces for a IIB slip narin. <br />WHEREAS, JAMES P. RIVERS and MARY A. RIVERS are occupying, as a principal <br />resident, a building on the property owned by them and there Is another residen­ <br />tial unit on the adjacent parcel to the north. <br />WHEREAS, the City of Orono, alter reviewing all the facts presented at <br />various public hearings has concluded that the development of the property on <br />Browns Bay with the dockage proposed and the rezoning of all of tne property <br />owned on Browns Bay by JAMES P. RIVERS and MARY A. RIVERS or JACK LEIiTlNEI. and <br />the granting of conditional use permits as to the use of the property between <br />County Koad #15 and Tanager Lake for parking purposes and would be consistent <br />-3- <br />• «» <br />• * - 9 • V