07-08-1985 Council Packet - Laserfiche WebLink

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To: Mayor Butler, �t�h�!,x.+y y. 'ETING Mark Bernhardson, City Administrator Orono Council Members 4 `IL 8 1-5 From: Jeanne A. Mabusth, Zoning Administrator �$g,`; r oaf : �� 1.'•r.'A� Date: July 5, 1985 Subject: Compliance Action Status - Chaska Marina and North Shore Drive Marina A) Chaska Marina Dunn has been advised that the Marina Committee will not review the Marina's use of the residential lots to the south. Dunn has received land use applications that he has agreed to file by the deadline for the Planning ,Commission meeting of August 19th. He has been advised that the mixed use of commercial and residential, par-.ing, use of 75' lakeshore area and other limitations of property must be addressed by the Planning Commission. I have advised that he should probably submit both summer and winter site plans for discussion purposes. Dunn has also been advised that he will be tagged if he fails td'riieet filing deadline of August Planning Commission meeting - July 26, 1985. After the July 8th meeting I will reconfirm the threat of tagging per Council's directive. B) North Shore Drive Marina Staff met with Larry Hork on July lst. His house boat "the Godfather" was the only boat tied to the east side of dock. Hork advised theooat tied at fuel dock area was picked up for County (Water Patrol) and to be towed via one of their tow trucks to a Hennepi County Violation parking area. The other boat was temporarily parked there for a matter of houon that same Sunday. He has been advised that the dock use area �jrr�?.er #ast side cannot be used by his customers. Hork claims his attorney, Bruce Douglas has received oral confirmation from LeFevere, attorney for LMCD, that per LMCD Section 3.02 (see Douglas letter attached) a variance is r,�t required because this is a mutual agreement between a commercial user anR' residential user. The code does not distinguish. Neither has the City ever distinguished in the past: 1. Windward Marina residential property on north side commercial property on south side 2. Chaska i;arina residential approval on both east and west lot lines .. I would suggest that the Marina Committee review the need for the side setback variance and if approved use the wri*ten approval of the neig}-' -)r b t..••it•��u• r t..J ..gpr�,i �.� n a l only to o n e b o w - stored f e c t f r6 m s' r out if neighbors view, etc., a c. " °��+'..r"�M�slr•�.+-� Orono has always reviewed these requirements for reduced dock setbacks as variances with Marina license application. Each year, we ask for an updated letter from affected property �-,wners that substandard setback continue _!& meet their approval. VA Per your directive, staff will reconfirm in writing City's Policy, regardless of LMCD's position, and request a setback variance revi,-,i with 1985 license review.