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. � • Resolution No. 1104 Page 6 30. The general expansion of commercial marina operations along the lake and the operation of those facilities from dawn to dusk and later, seven days a week, creates continuous noise, litter, dust, garbage, traffic congestion and parking problems for the adjoining neighborhoods. These marina facilities and the activities attendent thereto have become visual blights in residential areas , general public nuisances and a constant source of numerous complaints by adjoining landowners. 31. The lease or rental of dockage on public waters or space upon land for summer season storage of boats f�r private individuals is not a permitted or a conditional use authorized in any zoning district within which the commercial marinas are located. 32. The rental to private individuals of dockage is therefore and has always been an illegal use of property by the commercial marinas and at best can only be considered to be a legal non-conforming use . The City Council , recognizing the common practice of dockage rental in the past, has issued licenses for a reasonable number of nonconforming slips subject to reasonable performance standards established by Chapter 73 of the Municipal Code. 33. As a condition to the issuance of the 1975 commercial marina licenses, each commercial marina operator agreed with the City in writing to an Operations Agreement outlining a three year-phased improvement program established to replace natural vegetation previously removed, to provide for adequate storm water runoff controls, to provide for open space and vegetation buffers between the marina properties and adjoining residential properties , to provide for adequate parking and traffic control and to provide for reasonable performance standards relating to the nonconforming placement and use of docks and mooring spaces upon the public waters. 34 . All of the requirements of the 1975 Operations Agreement are reasonable exercises of the normal police powers of the City of Orono intended to correct the previous abuses and overuses of public waters and the congested commercial marina sites, to correct for the public harm caused by such abuses and to prevent future abuse of the land or the public waters. 35. All of the requirements of Chapter 73 of the Orono Municipal Code regulating commercial marina operations, Statute 35. 100 of the Orono Zoning Code regulating the use of lakeshore business district property and the 1975 Operations Agreement are in full conformity with the applicable regulations and intents and purpose of the Lake Minnetonka Conservation District ' s regulations for commercial marinas and the State of Minnesota, Department of Natural Resources ' regulations for protection of public waters.