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License Review, Lakeside Marina <br />August 11, 1992 <br />Page 2 <br />Denial of the license without action to stop the business <br />from operating will accomplish nothing. The legal battle to <br />force a ceasing of operations will likely be expensive, time <br />consuming, and point out the limitations of the current codes. I <br />would not attempt to predict the outcome of such action, but <br />would encourage the City Attorney's close involvement in any <br />decision to deny the license. <br />Rather, at least for the sake of discussion, staff is going <br />to recommend approving a license for Lakeside Marina for 1992 <br />(and perhaps for prior years), listing conditions of approval <br />that the City feels are appropriate, whether or not such <br />conditions are currently being met. Then, having granted a <br />license with specific conditions, if those condtiions are not met <br />they have at least been formally told to the licensee, and we can <br />then find him in violation of license conditions and should be on <br />better ground to take future legal action if necessary. Again, I <br />think we are at a point of getting the City Attorney's direction. <br />Those conditions include; <br />1.Licenses issued for 77 slips in the water, with no <br />breakdown as to whether such slips are for rental, <br />service, or other uses. <br />2,No on-land spaces will be allowed for boats stored for <br />on-demand launching or intended as rental slots for <br />lake use. <br />3.The maximum permitted total summer boat density on the <br />property, including wet slips and on-land storage of <br />boats stored for any purpose is 136 boats (76 in the <br />water, 60 on land*). <br />See notes. Exhibit J <br />4.The maximum permitted winter boat density (includes on- <br />land storage and boats stored in the lake under <br />deicing measures) is 78 for the current season. <br />Maximum winter boat density for any given year is 78. <br />Licensee shall provide to the City a winter boat <br />storage site plan prior to October 1, 1992. <br />5.Licensee shall provide an updated summer and winter <br />parking plan that includes documentation of how charter <br />boat customer parking is handled. The parking plan <br />shall define the 68 spaces required for summer parking <br />and any other spaces available for overflow parking, <br />and shall define the 14 required winter parking spaces. <br />"1