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Resolution No, 929 Page 6 • 35. That any expansion of the McCleary Stubbs Bay Marina Dock Use Area is an expansion of a non -conforming use of riparian rights which would adversely affect the exercise of the legally permitted reasonable residential riparian rights of the adjacent properties. 36. That even if the rezoning were to be permitted, the proper interpretation of the LMCD regulations would not permit expansion of the McCleary Stubbs Bay Marina D.U.A. beyond the existing D.U.A. , 37. That the ultimate issue at stake is the extent of private rights to subdivide and mark off areas of the public waters for private commercial gain and for the benefit of a very limited number of non -riparian boat owners. 38. That the immediate issue at stake is the number of boats which are to be stored at commercial docks on and within the public waters. • 39. That there is no vested rights to store any given number of boats in and on the public waters. 40, That Minnesota courts have established in Petraborg V. Zontelli, 217 Minn. 536, 547, 15 N.W. 2d 174, 180 (1944) that " as to a public lake, a mutual right of enjoyment is shared by riparian owners and the public generally. Insofar as such recreational benefits as'boating, hunting, and fishing therein, the riparian proprietor has no exclusive privileges". 41. That the regulations of the City of Orono, the LMCD and the DNR are reasonable allowances for commercial activities. and access to Lake Minnetonka. 42. That other alternatives exist to provide commercial access to Lake Minnetonka including storage of boats on land. 43, That any dock construction and/or storage of boats in and on the public waters infringes on the rights of the public to use the public waters. 44. That due to an act of God, the on -land facilities of • McCleary's Stubbs Bay Marina were destroyed by fire in January, 1976, and despite permits issued by the City, those facilities have not been replaced to this day,