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Glenn P. Bruder <br /> July 17, 1996 <br /> Page 3 <br /> hundred feet west of Lakeside Marina) was a pre-existing non-conforming use <br /> that had been allowed to continue operation via a conditional use permit. <br /> The Windward Marina, Minnetonka Boat Works, and Crystal Bay Service <br /> situations aze not identical to the situation of the Lakeside Marina property, and <br /> I therefore would argue that Mr. Dunn is not being treated differently than other <br /> property owners in the same circumstances, because there are currently no others <br /> with the same circumstances. <br /> It remains my conclusion that Mr. Dunn's proposed construction of a private residential dock <br /> at the location in question would require a variance to Municipal Zoning Code Section 10.03, <br /> Subdivision 9 (A), because: <br /> - A private residential dock is an accessory structure and use, subservient to a <br /> primary residential use which must exist on the property before an accessory <br /> structure or use is allowed. <br /> - There is no primary residential use of the property, therefore no accessory <br /> residential use is allowed. <br /> - The Crystal Bay frontage is zoned residential, therefore commercial use is not <br /> allowed. <br /> - The parcel Mr. Dunn purchased to the east does not abut any lakeshore, is not <br /> legally combined with any adjacent parcels that abut the lakeshore, has no <br /> proximity relationship to the Crystal Bay frontage of the marina parcel, and <br /> therefore would not qualify as a primary residential use to which the proposed <br /> dock could be subservient. <br /> Please feel free to call me if you have further questions. <br /> Sincerely, �� <br /> ; �{%����. ��-- <br /> � � <br /> Michael P. Gaffron <br /> Assistant Planning & Zoning Administrator <br /> MPG/lsv <br /> Enc. Plat Map Excerpts (Sketches A & B), Zoning Map & Zoning History, Code Section <br /> 10.03, Subd. 9 (A), Survey excerpts <br /> cc: James Dunn, Lakeside Marina <br /> Thomas Barrett, City Attorney <br />