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„. •, .. - <br /> � � R�solution No. � 1096 . <br /> Page 8 • . <br /> • . <br /> � l. The LMCD denied applicant' s 1978 dock license because <br /> the dock violated the LMCD ordinances by encroaching beyond <br /> 200 feet from the shoreline and because the, dock layo'1xt, in � <br /> place did not conform to the site plan submitted for approval. <br /> ' 2. The 1978 City License was issued contingent upon com- <br /> pliance with the City' s and the LMCD' s ordinances and _ <br /> Resolution No. 996 specifically called attention to the , <br /> � likelihood of dock extending beyond 200 feet and that such <br /> dock extensions were considered violations of City ordinance. <br /> 3. The 1979 dock plan originally submitted by the applicant <br /> � is the same plan submitted to the City and the LMCD in <br /> 1978, which dock plan and docks were then and are still in <br /> violation of both LMCD and City ordinances. Moreover, <br /> ' applicant has shown no intention to reconstruct the docks <br /> in compliance with City and LMCD ordinances. , <br /> 4. As early as February, 1979, the applicant was advised <br /> to submit a revised dock plan conforming to the 200 foot <br /> maximum dock length. The applicant' s response was that he <br /> would produce a certificate of survey proving that all <br /> docks �did in fact comply with this requirement. The survey <br /> � was done as of April 18, 1979� at which time, if not before, <br /> the applicant knew or should have known that the docks were <br /> in fact in violation of the ordinances. Repeated efforts <br /> . by the City to obtain a copy of the survey were rebuffed <br /> until June 25, 1979 when an incomplete survey was received. - <br /> Again, repeated attempts to have the shoreline accurately <br /> shown on the drawing were rebuffed until August 9 , 1979 <br /> when the applicant submitted the current drawing, which <br /> drawing confirms the existence of docks extending into the <br /> lake more than 200 feet from shore in violation of the <br /> ordinances. The applicant' s only response to thi:s fact <br /> was then for the first time to question the definition of <br /> • � "shoreline” . At no time was the City ever aware of any <br /> attempt by the applicant to revise his dock layout to be <br /> in conformance with the law. <br /> 5. The berm and baffle weir required by Item 4 of the <br /> district court stipulation in 1977 has not y.et been completed, <br /> and applicant is in violation of the terms thereof. <br /> 6. The lilac hedge screening required by Item 2 of the <br /> 1977 stipulation has not been installed, and applicant <br /> is in violation of the terms thereof. � ' <br /> ' 7. The fence installed along North Shore Drive has not <br /> • been properiy maintained and presents a poor image of the <br /> marina to the general public. <br /> ` . <br />