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Resolution No. 929 <br />age 7 <br />45. That because construction has not proceeded the building <br />permit (#3696) issued on December 21, 1977 has expired according <br />to State Building Code regulations. <br />46, That the on -land premises of McCleary's Stubbs Bay Marina <br />are unsightly -and unmaintained. <br />47. That the entire site of McCleary's Stubbs Bay Marina <br />is within a flood plain sheet flow area of Lake Minnetonka <br />as determined by the Federal government. <br />48. That because no permanent on -land facilities exist, the <br />docks and boat storage existing on Stubbs Bay, Lake Minnetonka, <br />are the only vestage of commercial activity remaining of <br />McCleary's Stubbs Bay Marina. <br />49. That because the existing docks extend beyond the <br />authorized D.U.A. and must in any case be removed and <br />reconstructed and because boat storage on the public waters <br />is a nonconforming use in any use district, the entire <br />• McCleary's Stubbs Bay Marina can be declared to be non -existing <br />-and non-rebuildable. <br />50. That there is no public sewer available to service any <br />facilities at the Marina site and that any on-site septic system <br />may be a pollution hazard due to high ground water levels and <br />the flood hazard potential. <br />51. That there is limited access to the site by automobile <br />due to the curving and circuitous routing of local roads <br />far from major traffic corridors. <br />52, That there is limited access to the site by boat due to a <br />location at the far end of a relatively shallow, remote bay <br />of Lake Minnetonka;;over three miles by water from the main <br />body of Lake Minnetonka, <br />53. That without suitable on -land facilities including sanitary <br />facilities, the continued use of boat storage facilities on <br />the public waters appears to be an unreasonable use of riparian <br />rights which creates a public harm in return for no apparent <br />public gain. <br />n <br />LJ <br />