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Resolution No. 929 <br />*age 5 <br />27. That such a parcel of property does not meet the <br />performance standard regulations for residential property <br />in the LR-lA use district. The proposed parcel is only <br />1.9% of the required lot area and 11% of the required lot <br />width and the required front yard setback alone is 28 ft. <br />deeper than the total lot depth. <br />28. That therefore the proposed parcel is unbuildable <br />and unusable as'residential property, and if rezoned <br />residential, would become unusable as commercial property. <br />29. That the sole purpose of the proposed rezoning is an <br />attempt to revise the LMCD interpretation of the authorized <br />D.U.A. by revising the angle of the zoning district boundary. <br />30. That such a purpose is an attempt to circumvent the <br />intent of the LMCD regulations establishing Dock Use Areas <br />as reasonable extensions of riparian rights. <br />• 31. That any expansion of the McCleary Stubbs Bay Marina <br />Dock Use Area will reduce the D.U.A. and/or accessibility <br />to the D.U.A. of the adjoining residential properties. <br />32. That the existing dock structure is an.encroachment upon <br />the public waters of Stubbs Bay, Lake Minnetonka,,,which <br />prohibits the use of that area of the lake by fishermen,! -i <br />boaters or other members of the general public. <br />33. That the existence of any multiple or commercial boat <br />dock upon the public waters and the resulting boat movements <br />concentrated in a small area of the lake is detrimental <br />to the natural fish and wildlife habitats, increases the <br />turbidity of the water, stirs the sediment of the lake bed <br />and contributes to the pollution and eutrophication of the <br />lake, <br />34. That McCleary has even erected a sign on the property <br />that advises "No Trespassing, No Fishing, No Swimming", <br />which sign is intended to preclude public use of the public <br />waters. <br />0 <br />