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P.esolution No . /�9� � <br /> � Page 31 <br /> . <br /> 3 . The Orono Planning Commission has revietaed the Johns <br /> proposal since it was first informally made in the fall of <br /> 1978, with the Planning Commission having received all of <br /> the documentation and memoranda i.hat the Council received <br /> regarding this proposal. <br /> 4• The Orono Planning Commission members submitted <br /> individual recommendations to the Council for their review <br /> at the February 27, 1979 Public He�ring. Nember Frahm <br /> reconrnended permitting �he Johnson proposal ; Members Hurr <br /> and Hannah recommended restrictinQ <br /> on the property, Member Hammerel andrCl-�airmangWilsona use .. <br /> recommended denial of the Johnson a <br /> of the property for residential usePonlca�1on and rezoning <br /> � Y. (See Exhibit Z. ) • <br /> D. GOVERI�TMENT REGULATIONS <br /> 1• The Lake Minnetonka Conservation District, established <br /> by the State Legislature in 1967, . regulates use of the <br /> lakeshore and public waters of Stubbs Bay by the rules and <br /> � regulations contained in LMCD Ordinance No. 1. Sections <br /> applicable to Stubbs Bay NL�rina include the followin : <br /> g <br /> a- ) "Section 2. 04; No Vested Rights . No person holdin <br /> a license or permit pursuant to the ordinances of the g <br /> district shall gain thereby a vested right in the license <br /> or permit. The use of the lake shall remain subject to <br /> regulation as the public interest requires . " <br /> b. ) Section 3�. 02 provides criteria and performance standards <br /> for maximum allowable encroachment of private structures <br /> into the public waters . T'he maximum "authorized dock use <br /> area" applicalile to the Stubbs Bay Marina property is shown <br /> on attached Exhibit AA-1, a copy of the Johnson proposal <br /> � and Exhibit AA-2, a copy of the `clocks erected in 1974 by <br /> Mc�leary which dock re�nants are still in place in 1979, <br /> Neither the Johnson proposal nor the 1974 McCleary docks <br /> confonn to these LMCD requirements . McCleary' s 1977 dock <br /> - plan (,Exhibit U-2, proposed but never erected) is the only <br /> dock plan since Keiran's 1967 plan (Exhibit K-2) which meets . <br /> . these LMCD requirements . <br /> � . <br />