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05-28-1991 Council Packet
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05-28-1991 Council Packet
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!'U: <br />li- <br />r <br />I..' • <br />1 <br />f <br />■tr <br />t?: <br />fl'pf- <br />h <br />t- r- ■"• <br />i', <br />LMCD Doard of Directors April 24, 1991 <br />the Dali Property JUP so that tne r.ooring would net be pi ed to <br />occupy or impede the public access ingress and egress. ..._re has <br />been complete compliance with ingress/egress tor ^ne launch ramp <br />as d^^inon St ratted on the site plan. oont.i.nued that th© <br />disagreement the WYC is having with the city is that without <br />holding a hearing, (in fact they do not have a right to <br />hearing on it) they are asking the WYC to modify the Shoreline <br />Property CUP. The WYC has said they are prepared to do that, but <br />they want a broader discussion with the city. The city said if <br />the WYC does not sign the new CUP, they will object to and try to <br />keep the WYC from getting its dock license. That is the basis of <br />the disagreement betx^een the WYC and the city. The city has <br />other remedies, and in this case they are dead wrong. <br />Cole stated that Mayor Gisvold has agreed that the city has <br />no right to demand that the WYC amend the Shoreline Property CUP. <br />Gisvold says they want to get it done because the city manager <br />thiniks it should bo done. Cole indicated they are willing to do <br />it. There is a broad range of issues . . . Wayzata wants to move <br />the launch ramp and they want part of the WYC property. The WYC <br />is willing to make that part of the discussion. <br />In response to a question from Hurr, Cole identified the <br />property to the west of the launch ramp. Site 2, as^an R-1 site <br />with a prior non~conforming use. There is no CUP on this <br />property. The property had been used before the city had zoning <br />exactly as it is being used today, including numbers of boats. <br />The land use questions raised are whether the property has always <br />had parking on it and docks next to it. This property has never <br />been raised as an issue. The WYC has proposed that this property <br />be brought into a larger CUP. <br />Carlson questioned whether complaints on use of a property <br />might cause a city to review a CUP. Cole responded no, that ^ <br />COP is irrevocable. In the case of the Bell Property (parking <br />lot) the city could invoke a court process to review the CUP, but <br />it does not want to do that because they want the parking at that <br />location (for club members). No violation of the CUP has been <br />charged. The mayor wants the Shoreline Property CUP to be Joined <br />with the Bell Property CUP under a master agreement. The WYC has <br />not agreed to do that. The city has never held a hearing on it, <br />and they can’t hold a hearing on it. Cole continued that there <br />has been no charge that the WYC is in violation of any CUP. that <br />he knows of. And the mayor has agreed that the WYC is not in <br />violation of the CUP. The city’s demand that the WYC alter the <br />other CUP is without legal rights. <br />Martinson pointed out for the city that the district mooring <br />field (DMA) on the WYC application would be different from the <br />DMA which is drawn in the 1976 Bell Property CUP. <br />Grathwol asked for a suggestion for a DMA which would be <br />acceptable to the city. <br />Martinson responded that it wf'uld be as in the new <br />application which is in the revised pj 3sed change to the Joint <br />CUP over both properties. The WYC and .jity have still not agreed <br />to the revised CUP.
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