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A RB8OL0TI0II DBHYIIKS THB APPLICATION OF GATLB*S NARIIIA <br />FOR A 1992 COMMERCIAL MARINA LICENSE <br />NBBRBAS* the City of Orono (hereinafter City) is a municipal <br />corporation organized and existing under the laws of the State of <br />MinnesotaI and <br />WBBREASf Gayle's Marina Corporation (hereinafter the <br />applicant) is owner of the property located at 3366 North Shore Drive <br />within the City of Orono and legally described as follows: <br />Exhibit "A* attached (hereinafter the property); and <br />NBERBAS, the applicant has operated a connercial marina and <br />engaged in the business of docking* mooring or storing boats at this <br />location for approximately thirty-five years; and <br />NBERBAS* Municipal Code Section 5.42* Subdivision 2 requires <br />that any person engaged in or participating in the business of <br />docking* mooring cr storing boats shall first obtain a license <br />therefor from the City; and <br />NBBRBA8* the C:*ty began licensing and regulating commercial <br />docks in 1962 pursuant to Ordinance #43 adopted April 23* 1962; and <br />WHEREII8* Municipal Code Section 5.42* Subdivision 4 provides <br />business use standards with which all commercial boat dock businesses <br />within the City must cofaply before a license will be issued; and <br />NBBREA8* Gayle's Marina Corporation was last issued a <br />license by the City on July 13* 1961 per Resolution #1292* which <br />resolution licensed the applicant for 134 slips; and <br />NBBRBA8* on July 13* 1981 the City Council also adopted <br />Resolution 11293* which refused applicant the right to use any slips <br />in excess of the 134 slips licensed vis Resolution #1292; and <br />miBREA8f Gayle's Marina Corporation made application for a <br />commercial marina license for license years 1982* 1983* 1984* 1985* <br />1988* 1990* 1991 and 1992. The City did not require license <br />applications for any marinas during the years 1986* 1987 and 1989; and <br />Page 1 of 3