05-22-2000 Council Packet - Laserfiche WebLink

Home Browse Search

• • 05/'1.7/00 WED 12:06 FAX 0008 r *'S . r. April 14,2000 Page? conditional use permit set forth in the City’s zoning code and attached hereto as Exhibit A. I will not repeat all of the problems related to such a use as outlined in my clients’ memo to you. W^lieye the City can not legally grant the requested conditinnal use permit. If the Elyming Commission decides to recommend approval of the conditional use permit at some PQint». then we_ask_that because of the demonstrated problems to date that the conditional use permit conditions include at least the following- 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. No use of electricity. No use of night lights. No use of the dock(s) and boat(s) after 10:00 p.m. on weekdays and 11 ;00 p.m. on weekends. Limit of one car per dock allowed to be parked on the lot at any time. Remove the gravel parking lot. No parking next to fire hydrant No storage on the lot of trailers, etc. Limitation of one dock. No rental of slips. The boat(s) must be owned by the owners of the lot. Limitation to one boat not to exceed the length of boat used whenever the dock was legally built if one dock is allowed; two boats, not to exceed the length of boat used udienever the second dock was legally built if two docks are allowed. Demonstrated compliance of the dock(s) with the LMCD’s ordinance. Owner’s consent to the terms hereof and filing the permit in the chain of title. Permit is for one year only so that the City can determine if there has been any violation thereof or if additional conditions need to be added or if the permit should not be extended thereafter. IV. Conclusion. The action by the City related to this application will have a dramatic impact upon my clients, others in the neighborhood and the applicants. We ask that the Planning Commission not act on this application until all of the issues and questions raised by you, the staff, the applicants and by my clients and others are fully addressed and all facts relevant to the decision are proven to your satisfaction. The City’s decision will impact this neighborhood for many years. It will set a precedent for similar situations. It is better to enter this boating season with no action on the application than to prematurely act. Under State law, even if the applicants do not agree to an extension, the City has 120 days to act (if the City timely notifies the applicants). The City of Orono has had a long history of protecting its residents from illegal docks. The City has successfully litigated to the Miimesota Supreme Court against a marina in the 375(7BOM