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LMCIJ HOAKU OF UIKFLTOKS 2(», 19^2 <br />Penn asked how the island got there. Babcock i •.•sponded it <br />was an existing island, added to by dredging. Hurr asked why the <br />WYC was linking the application when the dock was for the Sailing <br />School’s use. Babcock said that is because the WYC holds the <br />license for the boats stored at the location. LeFevcre added <br />that the District should not have more than one license for one <br />site so one person is responsible for activities. <br />MOTION: Babcock moved. Grathwol seconded, to amend the Wayzata <br />Yacht Club-Site 2 Multiple Dock License renewal with a new site <br />plan replacing the platform on the island with a seasonal dock 6* <br />wide X 84’ long, to meet all setback requirements, noting that no <br />boat storage is allowed at this dock. <br />VOTE: There were “! ayes. Ilurr. Penn. Owen. Markus and Carlson <br />voting nay. foster abstaining. Motion carried. <br />2) North Shore Drive Marina, Maxwell Bay. orono. <br />MOTION: Babcock moveil. Penn secomled. to amend the North Shore <br />Drive Marina Multiple Dock License with the 8 lagoon slips as <br />transient, 4 of the remaining 85 slips for service as needed, <br />cont'iisent on the applicant being in compliance with Orono’s code <br />requirement s. <br />DlSt’USSION: Babcock suggested amending the motiofi to change <br />ccHtt ingent or\ ihq appl it;ant ilftllLg ill £.QLnJ2liiia^ 'UJh Qronol? code <br />requIrement s to "The LMCD recognizes in approving this license <br />that North Shore Drive Marina should meet its responsibilities <br />w'ith other agencies having jurisdiction over the marina s actii>ns <br />on the Lake", as done in a previous license approval. Hurr. <br />speaking against the change in the committee recommenda t i oir. .said <br />a Wayzata Yacht Club license was contingent upon a valid <UP <br />issued by the City of Wayzata. Babcock cited the case of Gayle’s <br />Marina where approval was not subject to a Minnehaha Creek Water­ <br />shed District IMCWD) issue about dredging. Hurr resf)onded that <br />the City of Orono is a contributing financial member of the LMCD. <br />The Gayle’s Marina matter was a different issue as tlie MCWD is <br />not a member of the IM<T). Thibnult commented that the City of <br />Wayzata asked the LMCD to wait until a Conti i I i ona I Use I'eimil was <br />in effect. 1 he City of Orono hts not specifically nsketl the IMCD <br />not to take action. <br />In response to a question from foster about what should be <br />put on the I.MCD licenses in cases such as this, lefeterr said l lie <br />Board has broad discretion as to what to with this kind ol <br />issue. fo lake a hard line, the Code requires that construction <br />of commercial multiple docks muil comply witli all local, state <br />ami federal regu I .i t i ons. municipal foning. parkin* iml other land <br />use regulations applicable to the facility. If the l‘«»aid » inted <br />to. It coulil refuse to grant the application on the grounds that <br />it was inconsistent with city cmie requirements. It would not be <br />improper lor the Board to do that. The Hooid h.is the authority <br />within the c»>de. Their have been cases in the i*a>.t when H h «'» <br />been done. The Board could have upheld a Gayle’s Manna license <br />denial. There is a practical cons ide i at ion. The *^'** •*■[ * <br />licanae application because it is not coitslsleni "ith the <br />zoniiig up«»n advice by the t* 11 y, The existing facility •ay coot n <br />ue to operate. If so. the Board baa no leserage becau-^e the