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<br />September 10, 2009\ Volume 3\ No. 17 <br /> <br />Zoning Bulletin <br /> <br />Permit Modification-Board unilaterally <br />amends conditional use permit <br /> <br />") <br />( . <br /> <br />Board says amendment merely clarified permit applicant's <br />intended use <br /> <br />Citation: Upper Minnetonka Yacht Club v. City of Shorewood, 2009 <br />WL 2226563 (Minn. Ct. App. 2009) <br /> <br />MINNESOTA (07/28/09)-In 1997, the city adopted new ordinances <br />requiring conditional use permits ("CUPs") for the operation of marinas <br />in the city. Upper Minnetonka Yacht Club (the "Club"), which owned <br />a marina in the city, then applied for a CUP. In its CUP application,. the <br />Club asked to use its marina as a mooring facility for "34 sailboat slips <br />or lift spaces, 8 buoys, and 2 slips for Yacht Committee [motor] boats." <br />The Club also indicated in its CUP application that the proposed use of <br />the marina property was for "sailing." <br />Eventually, the city issued a CUP to the Club. In relevant part, the <br />CUP provided that in conjunction with the use' of the Club's property, <br />the following could be located on the property during the docking sea- ~ <br />son: "lifts, slips, docks, and buoys capable of storing and keeping not ( ) <br /> <br /> <br />610 Opperman Drive. P.O. Box 64526. St. Paul, MN 55164-0526 l ) <br />1-800-229-2084'. emai1: west.customerservke@thomsonreuters.com.west.thomson.comlquinlan ". -' / <br />ISSN 0514-7905 . @ 2009 Thomson Reuters. All Rights Reserved. <br />QUinlan™ is a Thomson Reuters brand. <br /> <br />2 <br /> <br />@ 2009 Thomson Reuters <br /> <br />60 <br /> <br />i' <br />I <br />