03-09-1981 Council Minutes - Laserfiche WebLink

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REGULAR MEETING OF THE ORONO COUNCIL, MARCH 9 , 1981 Page 13 I believe that Judge Winton 's order is clear. There NORTH STAR MARINA should be no use of any part of North Star ' s dock (Continued) until it fully complies with all dock length, side setback and other LMCD requirements. Other issues for 1981 : a) Dock length: 100 ' or 200 ' ? b) Side setback: standard or double per 3 .02 subd. 2b? c) Al1ow reconstruction of any Crystal Bay dock? ' d) Require west side landscaping and/or drainage corrections? This application is scheduled for review at the Marina Committee meeting of March 11, 1981 at 4 :00 P.M. Jean Mabusth, Zoning Administrator, reviewed with the City Council the following letter that was mailed to all commercial marina operators in Orono on March 2, 1981, which states: "In the past, some marina owners have questioned whether or not the City of Orono and the Lake Minnetonka Conservation District have had the authority to regulate the use of property for marina purposes and the use of the lake for marina purposes. It has always been the contention of the City and the LMCD that we do have such authority under the police powers that are vested in the City and the LMCD. Reasonable regulations have been established to balance the general public interest with the business concerns of the marinas. We have in the past attempted to work with the marinas toward the goal of compliance with the intent of these regulations,while at the same time, mitigating business problems the marinas may have had because of the regulations. As you may know, North Star Marina, Inc . repeatedly refused to comply with the ordinances of the City and LMCD in regard to its operation and its use of the public waters, particularly regarding dock length and side setbacks. The City and LMCD sought and obtained an injunction against North Star Marina, Inc. from operating in violation of the ordinances. North Star Marina, Inc. Sa�,,� fit to appeal this decision to the Minnesota Supreme Court and on February 20 , 1981 , the Minnesota Supreme Court affirmed the decision of the Hennepin County District Court Judge in all respects, upholding the authority of the City and the LMCD to regulate the marinas. (Continued)