03-22-1993 Council Packet - Laserfiche WebLink

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Gene Stromniun March 5, 1993 Page 3 winter storage when a boat is launched only once and retrieved only once during the season even though this might be a technical violation of the ordinance. In other words, the primary concern is the kind of off-lake storage winch is used as a substitute for on-lake storage. That is, the kind of storage situation in winch a boat owner or renter periodically comes to the Marina and launches a boat or has the boat launched by the Marina operator for use on the lake as a substitute for actually storing the boat on the water. In the past, efforts to determine whether the on-land storage at the Lakeside Marina was a legitimate sale, winter storage, repair activity, or the like, have been made difficult because of the large number of different situations encountered which might be thought of as being in the grey area and because of the lack of adequate records or access to the records of the Marina operator to ascertain the actual status ot each boat stored on dry land. Since Lakeside Marina is not licensed for off-lake storage, the type of evidence which we would need for enforcement purposes is evidence which would demonstrate that the storage of each boat is in a permitted category of activity. Therefore, the kinds of records available may vary depending on the status of the boat, tor example, a boat left at the Marina for repair would presumably have a dated work authorization order of some kind signed by the boat owner. A boat being kept at the facility for a brokerage would probably involve a written brokerage agreement executed by the owner of the boat. LMCD Code Section 2.03, subd. 4 authorizes the officers and agents of the district to enter and inspect at any reasonable time. This would allow LMCD staff to inventory on-land boats and watercraft at any reasonable time. The next step w<wld be to provide for information to be available which would establish whether each of those boats is in a permissible category, i.e. one which does not cause the marina to be classified as an ’’off lake storage facility”. A condition could be added to the license such as the following: Licensee shall maintain books and records sufficient to establish that marina launching facilities are not being used in conjunction with any of the watercraft parked or stored on land at the marina. Such records shall be available for inspection by LMCD officers and agents upon at least 24 hours notice. Such books and records shall include the name, address and telephone number of the owner of each watercraft stored or parked on land at the marina. Additionally, the licensee shall maintain records to estabUsh the status of each watercraft in a form satisfactory to the executive director of the district. Such records would include, but not be limited to: a.In the case of watercraft at tlxe marina for repair or maintenance, a written work order signed by the Cti«9771 LKllO-4