03-22-1993 Council Packet - Laserfiche WebLink

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Gene Slrommen March 5, 1993 Page 2 consideration of a new license The licensee has 30 days from receipt of notice of the additional or amended conditions to make a demand for a hearing. in other words, if the license issuance or renewal process is one which requires a public hearing, additional or amended conditions may be imposed following that hearing. However, in the case of a simple license renewal without a hearing, conditions may not be added or amended without giving the licensee an opportunity for a hearing on those amendments or additional conditions. The additional conditions which we would be considering in the case of Lakeside Marina relate to the nuestion w.iether they are operating ”off-lake storage facilities" without a license. Under LMC!) Code Section 2.045, an off-lake storage facility may not be established, and existing facilities may not be e.xpanded, without obtaining a special density license and a new dock license under the LMCD Code. The question is whether Lakeside Marina has established an off-lake storage facility without first securing a license which includes a recognition of the off-lake storage facilities. Under Subdivision 3 of that section, off-lake storage facilities are defined as "any dock... or launching ramp used by any ... business ... in conjunction with the storage of boats or watercraft off the water of Lake Minnetonka". I understand that a relatively large number of boats and watercraft are stored on the dry land at Lakeside Marina. There is nothing illegal about the storage of such boats without a license unless a facility on the lake such as a dock or launching ramp is used "in conjunction" with the storage of those boats. Therefore, whether the code is violated depends upon the relationship between the launching ramp and the dry-land storage. If the boats on the dry land are not launched at the launching ramp, there would be no violation of the Code. For example, if boats are brought to the Marina for service or repairs and are kept on dry land during such repair activities, no violation of the Code occurs. Likewise, the mere use of Marina property for dry land winter storage unrelated to the use of the launching ramp is not a violation of the Code. At the other end of the spectrum, if a Marina operator leases dry land space for the storage of watercraft which are to be launched and retrieved at the Marina, the facility would be an off-lake storage facility and would require a license. Between these two ends of the spectrum, there may be some gray areas. For example, a Marina operator may take a boat for brokerage sale which would be stored on the land but which might occasionally be launched at the Marina for sailing by a bona fide prospective purchaser of the boat. Another example would be a situation in which a boat is brought to the Marina for service of its engine, and in connection with the testing of the engine, the boat is launched several times at the Marina. I assume that the Board is not concerned about bona fide boat sales or repair activities. I also assume that the Board is not concerned about activities such as CU.49'71 X.KUO-4