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Resolution No. /Gy9 � , �e 21 � . 18. McCleary did apply to the LMCD on June 20, 1973 for an - LMCD dock license wherein he certified "that no changes are to � � be made in the dock use area . . . . during the 1973 season; . that . the scaled drawing or certificate submitted with last year ' s - application will be appli�able to the license applied for ;" � The attached �nap submitted to the LM�D showed new docks and "60 boats". See Exhibits M-1 and M-2. 19 . TicCleary on August 13, 1973 did apply to the City for a �onditional Use Permit for food sales attaching thereto a site � plan clearly showing the use of only Parcels 1 - 3. See Exhibit N. � � 20. Mc�leary in 1974 applied to the City and was licensed for 31 slips on April. l, 1974. The plan submitted (Exhibit 0) was identical to Keiran's 1968 Dock Plan (Exhibit L) and clearly � • shows the "North Property Line" showing use of Parcels 2 & 3 only, not Parcel. 4. This license application was never revised. 21 . McCleary purchased the Fulkerson property, Parcels 4 & 5, � in April, 1974. . 22. McCleary constructed a new dock layout not in conformity with the �ity license. The layout encroached and used Parcel 4 for the first time. The structure contained 75 slips , not 31 . See the Inspector's letter and map of July ll, 1974, Exhibits P-1 and P-2. � . 23. McCleary' s res�-sonse ort July 16, 1974 admits expansion without �ity .approval and expansion onto residential property. McCleary �laims LMCD approval for 60 slips based upon an attached map indicating 48 slips. See Exhib its Q-1, Q-2, & Q-3. . 24. The City Council 's response to this:. position is contained in the Minutes af th�e July 23, 1974 meeting: � "The City Council instructed the Administrator to . • draft a letter to Mr. James McCleary stating that the City sets the precedent for the licensing of marinas, not tfie Lake Minnetonka Conservation District, . and that he would have to curtail the usage of his • • residential usage and abide by zoning •standards for � that �property at 3470 Bayside Road:"