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ORONO PLANNING COMMISSION <br /> MINUTES FOR APRIL 17,2000 <br /> • <br /> (#2571 Doug Ault and Jim Ginther, Continued) <br /> Hawn stated this situation has occurred in the past where in the end the Planning Commission was <br /> advised to take public comment since it was noticed to the public. <br /> Lindquist stated it was his understanding of the Planning Commission's past practice to table the <br /> application if the Applicant is not present. <br /> Hawn commented they are attempting to avoid the need for the neighbors to return more than once <br /> by allowing their comments to be heard and be made a part of the record. <br /> Lindquist stated they will not be discussing the issues involved in this application, noting that the <br /> Planning Commission will be reviewing this item more thoroughly when the Applicant is physically <br /> present. Lindquist stated there are a number of issues that will need to be addressed prior to any <br /> approval being given on this application, which in all likelihood cannot be resolved tonight without the <br /> Applicant being present. <br /> Gaffron commented as long as the Planning Commission understands the ground rules of listening <br /> to the neighbors' comments and not discussing the issues, it would be appropriate to proceed. <br /> Lindquist pointed out that it may be necessary for the neighbors to reappear before the Planning <br /> Commission again. <br /> Jim Zimmerman stated that he personally, along with Richard Gay, have a number of concerns <br /> relating to this request. Zimmerman stated he has been working with City Staff on resolving what the <br /> real rights and issues are relating to the non-conforming docks. Zimmerman stated there has been <br /> • a continuing escalation of usage of these docks, to the point where they have become second homes <br /> to the people who own the docks. For$200 a year, a person may have a 20 foot strip and dock on <br /> Lake Minnetonka, which has resulted in people spending the weekend essentially on their boats. <br /> Zimmerman stated the purpose of the non-conforming docks was to provide docks to the <br /> neighborhood homeowners not on the lake, as well as to provide permanent docks to some of the <br /> homeowners on Carman's Bay so that they would not need to put temporary docks on Carman's Bay. <br /> Zimmerman stated until the City is able to determine who owns what and what easements have <br /> been granted and who has what rights, the City should limit use of these non-conforming docks. <br /> Zimmerman indicated they have retained the use of an attorney to review this situation, who is <br /> currently working with City Staff and the LMCD in order to resolve some of these unanswered <br /> questions. Zimmerman stated they are willing to continue to cooperate with the City in order to <br /> resolve these issues. <br /> Lindquist stated he appreciates the efforts the local residents are making in this regard, noting that <br /> this application needs to go through the whole process. <br /> Richard Gay, 2735 Shadywood, inquired whether the property currently is non-residential. <br /> Weinberger stated the owners have recently acquired the property and are requesting a conditional <br /> use permit. <br /> Zimmerman commented the present owners have owned this proeprty for at least the past seven <br /> years. <br /> • Weinberger stated he was informed by Ault that he has just recently purchased the property. <br /> Page 19 <br />