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REGULAR MEETING OF THE ORONO COUNCIL, MAY 11, 1981 Page 4 <br /> Douglas also stated, that four or five years ago, NORTH SHORE MARINA <br /> the City was not as sophisticated as it is presently (Continued) <br /> in their terminology and Ways of ineasuring. He <br /> stated that the marina rebuilt the docks and believed <br /> them to be in compliance at that time. Douglas <br /> stated that the government entities no longer measure <br /> from 200 feet from the main dock area but now the Lake <br /> Minnetonka Conservation District (LMCD) and the City <br /> measures from the side lot lines and then extends a <br /> line across the property to include the authorized , <br /> dock use area. He indicated that if you applied that <br /> approach in all instances, in this case because of the <br /> lagoon, you would have an absurd result. Douglas <br /> stated this is a non-conforming dock and they should <br /> be granted a variance until such time as the docks <br /> are destroyed and then they will be rebuilt within <br /> 200 feet of the shoreline as it exists at that time . <br /> Hork stated that the ice took the weir out this year <br /> but it was replaced immediately. Hork stated that the <br /> LMCD did inspect the dock in 1977 and then licensed it. <br /> Mayor Van Nest stated that the 200 foot measurement <br /> has always been taken from the actual shoreline at <br /> the seawall which should also be the 929 .4 elevation. <br /> Bruce Malkerson asked whether or not this information <br /> had been submitted to the LMCD. Douglas stated that <br /> this information has not been presented to the LMCD <br /> and that the marina first wanted to obtain the approval <br /> of the City of Orono. Hork stated, that in 1977, Mixa <br /> of the LMCD agreed with them. Hork stated that the <br /> retaining wall that was built in 1977 never went the � <br /> entire way across the property from the lagoon to the <br /> western property line and it was only located next to � <br /> the lagoon. <br /> Mayor Van Nest stated that it was his recollection that <br /> the retaining wall in 1977 went all the way across that <br /> portion of the property and that the City always measured <br /> the dock length from this wall as being the shoreline. <br /> Douglas stated that because of the subsequent change in <br /> the way the LMCD and the City measured the dock length, <br /> that the dock is not now in compliance. <br /> Hork stated that he could bring in the surveyor who met <br /> with the LMCD and the City of Orono inspectors and who <br /> would testify that everyone was in agreement at that time. <br /> Hork stated that he will provide a copy of a letter from the <br /> surveyor to that effect if he can find it and has requested <br /> the surveying company to provide a copy of that letter. <br /> Mayor Van Nest stated that the City had not unconditionally <br /> approved the 1977 dock location and had, in fact, suspected <br /> that the docks were not beyond 200 feet, but that licenses <br /> had been issued based on Hork ' s statements confirming <br /> a location within 200 feet, subject to a confirming survey. <br /> (Continued) <br />