07-25-1977 Council Minutes - Laserfiche WebLink

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� , ' � � � Page 6 ! Page Three � July 25, 1977 � Re: Ordinance No. 193 � operators such as my client, Larry Hork, and solely as to them, � and solely as to those of such class as have applications before you. To the best of my information, knowledge and belief, • my client is the sole marina operator with a matter before you � relating to the storage of boats on his property. Your action, thus, is clearly spot re-zoning directed solely at him. � 14 . With reference to Paragraph 193.020, Sub.Par. A, there is � clearly no expansion of my client' s boat storage capacity since, as your City Attorney has duly noted to you, my client is • perfectly within his legal rights to put as many as three hundred � boats upon his property at the present time. Thus, the "capacity" of my client' s property is not in fact expanded and you have � no power or authority to limit such present use. � 15. With reference to Paragraph E of 193. 020, you have an overly broad purpose restricting winter storage use of my client' s � and other marina operators' property which is clearl}� arbitrary, � capricious, unr�easonable and has no bearing upon the purported use of Lake Minnetonka and your alleged emergency situation. I have � yet to see anyone who is engaged in winter storage placing boats on the lake in the middle of the winter. • 16 . Your claimed restriction in 193.090 is in fact no restriction � whatsoever since this ordinance is alleged to apply to all land within the City of Orono. The fact of the matter is that the only � land that �you are indeed regulating is the commercial marinas; and S specifically, my client' s property. i 17. In Paragraph 193.040 you pur.port to have the power and authority to limit the public right to the use of Lake Minnetonka. I � would suggest that you are clearly in excess of your power and authority with reference to your assertion of jurisdiction w beyond the shoreline of Lake Minnetonka. � 18. You allege that this moratorium is needed to prevent serious � impairment of a comprehensive plan which you have not even yet adopted. The racks my cl3ent has requested to install are temporary ` . i.n nature and can be readily dismantled within one day' s time. We have repeatedly made this point to you and nevertheless, you � persist in your unreasonable, arbitrary and capricious designation of this as a permanent structure. � � 19. There is absolutely no rea_ationship between the storage of boats in racks within the fifteen-foot height limitation presently • � ! � •