10-23-2000 Council Packet - Laserfiche WebLink

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ir.’M W- '•( ' I *. ^■1' r Jim Zimmerman August 9,2000 Page 2 2. Subd.2: License Required. It is unlaviful for any persons to engage or participate in business use without first having obtained an annual license therefor from the City. Subd. 6: Business Use Licenses Limited to B-2 Zone . No business use shall be licensed in any zoning district other than B-2, except when a business use is allowed by ordinance in another zoning district, such use conducted in said district shall not be required to obtain a license. Per the above, a business use requires a license and a business use license may only be issued for a site in the B-2 zone, hence business use is not allowed in any residential zones. However, the BatesAVittman situation seems to be ever-changing. We were advised last Thursday by a representative of Bates that Bates has no intent to re-titling the boat to Wittman. Bates claims to have been leasing the land (and its attached dock space) from Wittman for a few years. Bates’ representative claims he has a right to use the dock space because he is renting the land which includes the dock space, and is technically the ‘occupant’ of the property. The code allows a boat to be docked when it is owned by the occupant of the property. The City Attorney has reviewed the term ‘occupancy’ in this context and has concluded that ‘occupancy’ likely does not require actual living on the property, but merely requires an occupant to have the leased rights to use the land. City staff will be following this up by attempting to obtain a copy of the lease. We are advised by Bates’ representative that "Chop Chop will be moved to a different site next year, hence the immediate issue may be resolved in a few months. City staff will be considering possible code revisions prior to the 2001 boating season to close this apparent loophole. Please be aware that until last week the City Attorney has had no direct involvement in this specific matter. We know of no action by the City Attorney to force the removal of "Chop Chop" in 21 days, in 5 days, or in any number of days. Staff haS had a number of ongoing discussions with Bates’ and Wittman’s representatives over the last month, and the issuance of deadlines for action is a fluid process as information is gained. ' Ginther/Ault Docks. A. Potential CUP Withdrawal. Ginther and Ault have not vet withdrawn their CUP application. We are not convinced that they will withdraw it. They have the right to withdraw it if they so