Resolution 929 - Laserfiche WebLink

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Resolution No. 929 Page 3 0 8. That gradually over the years, but dramatically so since 1976, the marina has reduced the bait sales and boat servicing functions and has instead leased spaces at the docks and on the public waters for the storage of privately owned boats. 9. That the Lake Minnetonka Conservation District, hereinafter LMCD, has adopted certain rules and'regulations regarding the licensing of multiple docks and commercial use docks on Lake Minnetonka. 10. That the City of Orono has adopted by reference the same regulations as promulgated by the LMCD. 11. That the LMCD, pursuant to its adopted regulations, has defined an area upon the water of Stubbs Bay, Lake Minnetonka, which area is the Authorized Dock Use Area, hereinafter D.U.A., applicable to -Stubbs Bay Marina, and within which area all the marina docks must be contained. 12. That, in addition to the D.U,A., the LMCD regulations require certain dimensional setbacks from the limits of the • D.U.A. within which setbacks all the marina docks must be contained, 13, That the Minnesota Department of Natural Resources, Division of Waters, hereinafter DNR, also has statutory powers of regulation concerning the placement of docks on and within the public waters, including the docks placed by McCleary in Stubbs Bay, Lake Minnetonka. 14, That the DNR regulations prescribe certain maximum slip densities based upon the State Fire Code of Minnesota. 15. That the City of Orono Zoning Code regulations applicable to the B-2 use district do not authorize, either as a permitted use or as a conditional use, the construction`or use of docks upon the public waters for boat storage or slip rental purposes. 16, That McCleary's Stubbs Bay Marina docks have been constructed and used for commercial boat storage and slip rental, 17. That at the present time, the only commercial activity on • this property is the rental of boat storage space at the docks which have been erected on the public waters of Stubbs Bay.