11-17-2025 - Agenda Packet Planning Commission - Full Packet

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Letter Submitted to Hennepin County 9.24.25 Letter Submitted to Planning Commission 10.20.25 September 24, 2025 Gabriel Jabbour Dear Commissioners, Edelson and Anderson, It is disappointing and frustrating that County staff and consultants have been unwilling to address the concerns that several others and I have raised about the proposed redesign of the North Arm Landing on Lake Minnetonka. It is upsetting that your staff is dismissive of my over 34 years' experience as a marina operator, 54 years living at the lake and my history of working closely with Hennepin County and the State of Minnesota to help generate public support, acquire, design and build public accesses on Lake Minnetonka. I have personally launched and landed tens of thousands of boats, including barges and some of the largest boats on the lake. I have communicated to staff that the proposed redesign of the North Arm Landing endangers the public's health, safety, and welfare. This concern is shared by the Hennepin County Sheriff (letter attached). Further, the proposed expansion of the site to accommodate commercial/industrial barges is illegal under state statute and Orono code. As shown in the attached photographs taken at the North Arm Landing, the site is used by several commercial/industrial barge operators to launch, fuel, and service their barges and to stage their operations. These activities are illegal at this location. The photographs also show the site is heavily used by recreational boaters and anglers. Recent surveys show that over 64% of activity occurs before 7am and after 5pm, at the same time many barges are being launched or removed from the lake. The mix of commercial/industrial use and recreational use at this site is dangerous and is prohibited by existing zoning. - The North Arm Landing is located in a One -Family Lakeshore Residential District (LR-1C) in Orono (see attached map).The LR-1Czoning is intended to provide for combination of medium -density residential development and limited agricultural activity. Commercial/industrial is an illegal nonconformity LR-1C district and is therefore prohibited. When an ordinance prohibits a use, a city cannot allow the use unless it adopts an amendment to a city's zoning ordinance in accordance with the procedures of the Municipal Planning Act. Cities must not grant variances to engage in prohibited uses." (Mn Statutes, Chapter 462.357, Subd. 6, paragraph 2). County staff claims the Hennepin County Attorney's Office has advised them that commercial/industrial use of the North Arm Landing is a "legal nonconforming use" since it has been used commercial/industrial activities in the past. However, staff have been unable to provide a written statement from the County Attorney. Nevertheless, this is incorrect - the commercial/industrial use of the North Arm Landing is an "illegal nonconformity." Please note: - Any legal non -conforming use would have needed to exist prior to when the Orono City Zoning Code was enacted in 1975, County staff have provided no evidence that this site was used for commercial/industrial uses prior to 1975. (Orono Zoning Code: Sec. 6.12.310, (a), paragraph 2)).