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�EGULAR MEETING OF THE ORONO COUNCIL, MARCH 9 , 1981 Page 12 <br /> Jean Mabusth, Zoning Administrator , reviewed with NORTH STAR MARINA <br /> the City Council the following memo prepared by 1981 License <br /> Alan Olson, City Planner, concerning the North <br /> Star Marina 1981 marina license dated March 5, <br /> 1981 , which states : <br /> On February 20 , 1981, the State Supreme Court <br /> upheld the District Court decision granting the City <br /> and Lake Minnetonka Conservation District a permanent <br /> injunction against North Star Marina, Inc. , <br /> preventing them from using any part of their dock <br /> until the dock is first brought into compliance <br /> with the City and Lake Minnetonka Conservation <br /> District ordinances. A copy of these orders were <br /> mailed to you on March 2, 1981. <br /> Mr . Paul Kempf of North Star Marina, Inc. , has <br /> requested time on the agenda of the March 9 , 1981 <br /> City Council meeting to discuss his 1981 license <br /> and a revised dock layout. <br /> The City first received North Star ' s 1981 marina <br /> license application on March 4 , 1981. Included was <br /> a revised dock plan which does not conform to the <br /> maximum dock use area restrictions of LMCD Code <br /> Section 3 .02 . The dock extends beyond 200 ' from the <br /> shoreline . The dock encroaches within the east side <br /> setback area. Note also, the LMCD reguirement in <br /> 3 . 02 , Subd. 2B, that the standard side setbacks must <br /> be doubled if a commercial marina abuts non-commercial <br /> property as in this case . <br /> The 1981 City application is for 104 watercraft units. <br /> Maximum prior licenses were for 95 units. <br /> On March 3 , 1981 , Paul Kempf visted my office and left <br /> a partial plan of his suggested dock layout. He was <br /> told that this layout did not conform to the City nor <br /> LMCD requirements, that variances were required, and <br /> that the City would not look favorably on granting <br /> of any variances. In addition, the Court order may <br /> preclude this possibility. Mr. Kempf asked for and <br /> was given a zoning variance application. He was advised <br /> to not make the application, at least not prior to <br /> his appearance at the March 9 , 1981 Council meeting. <br /> To date, he has not applied for any variance from the <br /> City. <br /> The application and plan submitted to the City is not <br /> consistent with the application and plan submitted to <br /> the LMCD. On February 26, 1981, North Star applied <br /> to the LMCD for a variance to allow 1981 use of portions <br /> of the existing dock which also extends beyond 200 ' ; <br /> and for a variance to allow reconstruction to the final <br /> plan as also submitted to the City. In addition, the 1981 <br /> LMCD application is for 98 watercraft units , not 104 <br /> per the City application. <br /> (Continued) <br />