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. ' <br /> FILE#11-3503 <br /> 15 March 2012 <br /> Page 4 of 4 <br /> Potentiai Code Revision Language <br /> The effect of the code sections that currently, in combination act to prohibit slip rental at private <br /> residential property cannot be extinguished by merely crossing out some wording (see Exhibit B). The <br /> regulation as it exists relies on the established zoning premise that because "Rental of in-water boat <br /> slips" is a recognized permitted use in the B-2 District and not in other districts, it is prohibited in other <br /> districts; and further, that ��Rental of in-water boat slips" is by definition (Section 78-661) a Marina <br /> Business (which requires a license per Sec. 94-76 but which can't be issued for property in a district other <br /> than B-2 per Sec. 94-100). In order to make rental of slips legal in residential districts, we would have to <br /> list it as an allowed use in those districts, as well as revise the definitions of 'Marina Business' and <br /> 'Business of Docking, Mooring or Storing Boats' where they appear in Chapter 78 (Zoning Code) and <br /> Chapter 94(Licensing Code). <br /> Per City Council direction and following input received from the public and Planning Commission, Staff <br /> and the City Attorney will begin working on draft language for each of the two regulatory option under <br /> consideration. <br /> Multijurisdictional Regulation Overlap '�" <br /> Please refer to Exhibits H & I which illustrate the regulatory scope of the Lake Minnetonka Conservation <br /> District (LMCD) as compared to that of Orono's current code. In general the City's current ordinance <br /> . prohibits�rental of residential dock slips while the LMCD's codes are not as prohibitive. <br /> Questions the Planning Commission Should Address <br /> 1. Planning Commission should hold the public hearing to gather public input regarding the issues <br /> surrounding rental of slips at private residential docks. <br /> 2. The Planning Commission should identify the specific negative activities associated with rental of <br /> slips and discuss how and by whom they should be addressed. <br /> 3. Planning Commission should address whether or not the City should continue to regulate the <br /> rental of residential slips at any level. <br /> 4. If Planning Commission concludes the City should no longer regulate residential slip rental then a <br /> recommendation to the Council to that effect would be appropriate. <br /> S. If Planning Commission determines that City regulation of residential slip rental should continue <br /> then the following should be addressed: <br /> a. What level of regulation is appropriate? <br /> �, b. Are there specific activities which should be addressed (i.e. short-term or guest <br /> dockage)? <br /> c. Should a new enforcement policy be developed? <br /> d. Other concerns. <br /> Staff Recommendation <br /> After receiving public comments, Planning Commission should discuss the question noted above, identify <br /> any additional related issues or concerns, and consider whether a recommendation to Council is <br /> warranted at this time. If Planning Commission wishes to give this topic additional consideration, or <br /> wishes to delay any action until actual language has been drafted for the two regulatory options, then <br /> tabling would be in order. <br />