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A conditional use permi* may be u3ed for a day -use <br />recreational area pr(_.vl�ed the applicant <br />demonstrates and the Council finds that the <br />property is large enough to support the pro -Dosed <br />use without adverse effects upon the lake, ;pon <br />the lard or wetlands, upon neighboring or nearby <br />properties... <br />Section 10.31, Subd. 3C, goes on to list other <br />conditions that must be met before the conditional use <br />can be authorized. Such criteria must be reviewed and <br />applied to the application before the Council. <br />Regardless of whether the island is conforming or <br />substandard, the final granting of a day -use <br />conditional use permit is totally within the <br />jurisdiction of the City Council. <br />3. Dock ing <br />One of the requirements codified under a day -use <br />recreational area conditional use permit section is <br />that the holder of the c-)rditional use permit obtain a <br />dock license from the Cil end from LMCD on an annual <br />basis. The conditional use permit would thereby be <br />conditioned on the recipient's strict adherence to all <br />of the conditions set forth in the dock license. It is <br />important to note that the day -use recreation area <br />conditional use standards states that the number of <br />license boat slips shall not exceed one slip per 50 <br />feet of shoreline. In no instance, does the code set a <br />minimum boat slip allowance. Rather,'the docking <br />requirements, as with all other conditions, are to be <br />based on the Council's detcrminati.on cf what can be <br />allowed without adverse effects on the community. <br />III. CONCLUSIONS AND RECOMMENDATIONS <br />A. The Council needs to review the Excelsior Bay Yacat <br />Club, Incorporated's application in light of the public <br />policy conta4aed in the Code. Based on the Council's <br />review and de!armination, the Code should be amended to <br />more clearly reflect the Council's intention of whether <br />or nct far -profit businesses and clubs are within the <br />scope of a day -use conditional use as p_--mitted by the <br />Code. <br />B. The applicant needs to obtain a variance and a <br />conditional use permit. In judging the effect of a <br />conditional use permit on the community, the City <br />Council cannot ignore the fact that the island is <br />approximately one-half the size needed to be a <br />MEC <br />