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4. The applicant has made certain improvements to the property since 1969 <br />including a picnic pavilion and vault toilet facility (1972) and a private well <br />( 1985). Two additional storage structures are located within the property. The <br />picnic pavilion is considered a legal nonconforming structure since it legally <br />existed at its current location less than 7 5' from the shoreline prior to adoption <br />of hardcover and 7 5' lakeshore requirements. <br />5. Section 10.31, Subd. 3(C-1) requires minimum of 5.0 acres dry buildable area <br />for day use recreation area. The gross lot area of the property is approximately <br />9 acres, of which approximately 7 .5 acres is considered dry buildable, thus <br />meeting the minimum acreage requirement. <br />6. Section 10,31, Subd. 3(C-1) also requires a minimum "lot area-to-user" ratio of <br />1 acre per 20 users. Under that standard, the code would allow up to 150 users <br />on the property at one time. All abutting adjacent land is owned by the Hennepin <br />Parks, and there is no adjacent land available for acquisition by the applicant. <br />7. The Minnetonka Power Squadron by-laws set no limit on the number of <br />members. The average number of members (family units) is 250 to 350. <br />Therefore, the potential exists for the number of users at any given time to <br />exceed 150. Because the Power Squadron is a nonprofit organization, it is <br />technically exempt from the provisions of Municipal Code Section 5 .25 requiring <br />a license for shows and large assemblies in excess of 300 persons at one time. <br />8. Lot width at the shoreline exceeds 1,200', and meets the minimum lot width <br />requirement of 200'. <br />9. Minnetonka Power Squadron has annually obtained a joint use dock license from <br />the City and from the LMCD since 1969. The property contains approximately <br />2,250' of shoreline and has historically been licensed for the 45 transient slips this <br />shoreline length would allow at a level of 1 slip per 50' of shoreline. <br />10. The Power Squadron's published rules for "Streater Cove" confine swimming to <br />the beach area, which is designated by buoys. <br />Page 2 of 7