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, • , <br /> Resalution No. . 1044 <br /> � Page 4 . ' . <br /> � " . <br /> S. The docks extending from the McCleary property were <br /> not in complian�e with the LMCD dock use area 1974 or any <br /> year since 1976 and have not been in agreement with the <br /> dock plans submitted to the City or the LMCD since 1977. <br /> III. The operation in 1977 and 1978 was a non-conforming use - <br /> of land as regulated by Section 73.100: <br /> 1. As of November 16, 1976, the date of the fire, the <br /> assessor' s records indicate a fair market value for the <br /> buildings of $2,000 which is less than the $3,000 <br /> amortization figure provided in Section 73. 100. � <br /> 2. The rental of boat slips is a non=conforming use because <br /> such use is not listed as either a permitted or a conditional ' <br /> use in the B-2 zoning use district. <br /> 3. The rental of boat slips was the only use of this property <br /> in 1977 and 1978, <br /> • 4. The docks in place in 1976, 1977 and 1978 (and still in <br /> place to date) encroach beyond the LMCD authorized dock use <br /> area, encroach in front of residential properties, and are <br /> not installed according to any plan approved by the LMCD <br /> or the City for �licenses applied for or issued in. 1976, 1977, <br /> � or 1978. . <br /> IV, The operation proposed by Johnson is also a non-conforming <br /> use according to' the applicable provisions of the B-2 zoning. <br /> district regulations : <br /> 1. Johnson proposes only to rent boat slips, 66 in number, <br /> while providing no boat rentals, bait sales, fuel sales, or <br /> general repa ir services. - � <br /> � <br /> . � <br /> 2. Section 35.100, as noted above, does not provide for <br /> slip rentals as either a permitted or a conditional use. <br /> 3. Indeed, of the permitted uses listed in Section 35.110 <br /> only winter storage of boats is requested and no conditional <br /> • use is requested. <br />