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From: GABRIELJABBOUR <br />To: Eric Evenson-Marden; Adam Edwards; Melanie Curtis; Bob Tunheim; Alisa Benson; Claire Berrett; Steve Persian; <br />Jacqueline Ricks; Laura Oakden <br />Subject: Fw: North Arm Access Zoning <br />Date: Monday, February 3, 2025 1:20:10 PM <br />The more I look at the proposed redesign of the North Arm access and look at city code, the more I <br />am concerned the County is acting illegally. I am no expert in the nuances of the Orono zoning <br />ordinance, so I encourage you to talk with someone more knowledgeable than me. Nevertheless, I <br />believe Tony either does not understand or does not care about local zoning. It troubles me he is <br />asking barge operators to advocate for him. Well duh, of course barge operators will support Tony, <br />they are getting government to pay for improvements at a public site for their private use. <br />While I go into more detail below, my questions are: <br />1) Is the County subject to city zoning? <br />2) Is the North Arm access regulated as a publicly owned park or playground in a LR-C1 district? <br />3) Are commercial or industrial uses allowed in a LR-C1 district? <br />4) Is the proposed redesign of the site an expansion of the use of the site? (It has always been <br />an public access, but they are adding additional docks and another ramp to accommodate <br />barges) - BTW, all three lanes are seldom used at the same time at the Maxwell Bay access - <br />I collected data over two summers and seldom saw all three lanes use at the same time). <br />S) Did the city ever approve the industrial or commercial uses shown in your photographs or <br />which are being advocated by Hennepin County staff? If yes, are they "conforming uses" in <br />a LR-C1 district? <br />6) If no, are they "legal non -conforming uses?" If so, is the proposed expansion of the <br />nonconforming uses as shown in the County's plan allowed by city code? <br />7) Are the uses of the site by barges as described by the county and as shown in your <br />photographs either "industrial uses" or are they "commercial uses" in a shore land overlay <br />zone? <br />8) If industrial, is it even allowed in a shore land setback zone (there is no provision for this in <br />city code)? If commercial, is it permitted in a LR-1C zone? <br />I have attended both open houses for the proposed North Arm Access Redesign. Based on what I <br />was told and what I've seen in your photographs, I believe Tony Borough is operating the access <br />illegally and the proposed design of the North Arm Access is not consistent with the City of Orono's <br />zoning code and; therefore, should not be approved. I recognize zoning can be nuanced and there <br />may be parts of the code that I do not understand, so I encourage you to talk with someone much <br />more knowledgeable then me. <br />The North Arm Access is located in in an zoned as One Family Lakeshore Residential: LR-1C and in a <br />shore land overlay district (see links and images below). City Code, Sec. 78-347. "Permitted uses," <br />states: <br />Within the LR-1C one family lakeshore residential district, no land or structure shall be used <br />172 <br />