Laserfiche WebLink
MEMORANDUM <br />TO: City Council <br />FROM: City Attorney <br />DATE: June 3, 1986 <br />RE: Excelsior Bay Yacht Club Application for Conditional Use <br />Permit. and Variance <br />I. ISSUE <br />The Excelsior Bay Yacht Club has applied for a conditional <br />use permit and variance in order to provide a day -use recreational <br />area on Deering Island. In reviewing the application, the City <br />Council and staff has requested a legal opinion on the following <br />issues: <br />1. Is the Excelsior Bay Yacht Club, a for -profit <br />corporation, eligible for a conditional use permit <br />under the City Code if it meets the conditions set <br />forth in 510.31? <br />2. Given the fact that Deering Island is,2.65 acres, does <br />the Excelsior Bay Yacht Club need to apply for a <br />variance? <br />3. If granted a conditional use permit and a variance, <br />would Excelsior Bay need to apply for a dock license <br />under 55.42 of the City Code? <br />II. ANALYSIS <br />A. Public Policy <br />Section 10.31 of the Orono City Code provides for the <br />establishment of 'RS' Seasonal Recreational Districts <br />on the three Lake Minnetonka islands within Orono. The <br />Code specifically recognizes that because of the <br />location of the islands special probl, s exist relating <br />to the provision of public services and traffic. While <br />the Code does allow for several uses of the islands, <br />the language of S10.31 states that as long as the <br />usages remain 'minimal, public health and safety is <br />reasonably maintained'. It is against this background <br />