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• •• >B. <br />August 9,2000 <br />Jim Zimmerman <br />2745 Shadyvvood Road <br />Excelsior, MN 55331 <br />Re: Narrows Dock Lot Issues <br />GITYofORONO <br />Municipal Ofllces <br />Street Address: <br />2750 Kelley Partway <br />Orono, MN 55356 <br />Mailing Address: <br />P.O. Box 66 <br />Crystal Bay. MN 55323 0066 <br />Dear Mr. Zimmerman: <br />We are in receipt of your July 20 memo. The City’s position on the various issues surrounding the <br />Narrows dock lots is as follows: <br />1.Re; Ownersbip/rental status of the boat "Chop Chop". It is our understanding that the <br />boat "Chop Chop", docked at Wittman’s lot, was formerly owned solely by Wittman, but <br />is currently owned by Wittman and Bates jointly. Bates claims that he is the principal owner <br />of the boat and that Wittman’s share in the ownership is minimal. Our previous discussion <br />with a representative of Bates resulted in a proposal to re-title "Chop Chop" solely in <br />Wittman’s name to eliminate any question that Wittman is an owner of this boat. <br />If such a re-titling did occur, the City would have no basis to consider this as a rental slip <br />situation. The fact that the primary user of the boat is a co-owner not on the title, or is any <br />person not on the »itle, is a non-issue from the City’s perspective, because the code does not <br />prohibit a person from allowing others to use his boat (this w'ould not be the case in the <br />situation where a pure rental or charter craft was being operated as a business in a residential <br />zone). <br />The code sections that apply to slip rental read as follows: <br />5.43 (Marina Business License): <br />Subd. 1 A: (Definition’i: "Business Use" means engaging in cither a marina business <br />or the business of docking, mooring or storing boats. <br />Subd. 1C (Definition’i: "Business of Docking, Mooring or Storing Boats" means <br />renting or otherwise providing space, including boat buoys, for docking, mooring or <br />storing one or more boats belonging to persons other than the ONNner or occupant of <br />the property, except when licensed as a joint use. <br />Telephone (952) 249-4600 • Fax (952) 249-4616 <br />www.ci.oronojnn.us