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Con.)F 1 bV-1\);74,C <br /> POPHAM HAIK MEMORANDUM 3300 Piper Jaffray lower <br /> 222 South Ninth $trect <br /> Minneapolis.Minnesota 55402 <br /> (612) 333-4800 <br /> TO: Michael P. Gaffron, Assistant Planning and Zoning Administrator <br /> City of Orono <br /> FROM: Kevin Staunton, Esq. 10 <br /> RE: Private Slip Rental Issue, 4480 North Shore Drive <br /> DATE: November 3, 1993 <br /> I am writing in response to your memo of September 24, 1993 to Thomas Barrett <br /> regarding the above-referenced issue. You have asked us whether the lease of the above- <br /> referenced property to two persons who appear to be using it exclusively for mooring their <br /> boats constitutes a commercial dock business" as defined in Section 5.42 of the Orono City <br /> Code. After reviewing the facts you have presented to us, we conclude that this arrangement <br /> does not constitute a commercial boat dock business as defined in Secliou 5.42 of the Coda. <br /> Sectioll 5.42, subd. 1D defines a commercial boat dock business as: <br /> "providing space; for docking, ttlooring, or storing boats for a fee, or boats used <br /> in a trader or business, including, without limitation, providing rented spaces, <br /> boat buoys, space for keeping boats owned by the licensee and held for sale, <br /> display, rental, or otherwise used in connection with a boat or marina business, <br /> and space held for docking of boats during or pending repairs or maintenance <br /> of said boat." <br /> As you correctly point out in your ntettto, such a commercial boat dock business is not <br /> allowed in the family lake shore residential district within which this property lies. The <br /> question, therefore, is whether the owner of the property, Mr. Grotans, is operating a <br /> commercial boat dock business by leasing his property to Mr. Paulson and Mr. Stroup. The <br /> only evidence suggesting that this is the comttlercial rental of dock spaces is the money paid <br /> by Messrs. Paulsen and Stroup pursuant to the lease agreement they have with Mr. Grotans. <br /> While it appears that Messrs. Paulson and Stroup are primarily interested in this property as <br /> place to dock their boats, they.are legally entitled to use of the entire property, including the <br /> house. <br /> If this type of arrangement is construed to be an unlawful operation of a commercial <br /> dock, any dwelling in this district which is not owner-occupied would also constitute an <br /> illegal commercial dock if the tenant used the dock on the property to store a boat. <br /> 2 1 9/2 2026867 1 1/3/93 <br />