07-22-2019 Council Work Session Packet

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Joint Use Dock - Pirates Cove May 7, 2014 Page 3 Code Requirements Orono codes regarding joint use of docks are intended to regulate the intensity of land use associated with the docking of boats in a shared situation, as well as to reinforce and complement the lake use provisions established by the Lake Minnetonka Conservation District (LMCD). `Joint use of lake facilities' is addressed in Chapter 94 of the Orono Municipal Code. In addition to defining the terms "Boat slip, land"; Boat slip, permanent"; and "Boat slip, transient", Section 94-36 defines "Joint use' in relation to the current application as "more than two adjacent riparian landowners joining for the purpose of using lakeshore property for swimming, bathing, fishing, docking or mooring boats, or for any other purpose. Joint use includes the following activities: (2) An association of riparian and/or nonriparian landowners within a subdivision adjacent to the lake sharing a dock or dock system providing permanent boat slips for the members. " Section 94-37 states that joint use docks require an annual license, and that the City Council has the discretion to call a public hearing regarding the license. Section 94-38 establishes standards for joint use docks. The two standards applicable to the current request are: (1) Any association of riparian and/or nonriparian landowners within a subdivision adjacent to the lake which initiates a new joint use shall adhere to Lake Minnetonka Conservation District regulations, and no such use shall have more than one boat slip per 50 feet of shoreline as measured by a straight line between the points at which the side lot lines meet the ordinary high water line. Further, all such use shall adhere to the shoreland management regulations of Chapter 78, Article IX (Shoreland Management). (3) No joint use shall be approved which necessitates provision of parking stalls or which creates the need for parking on any street right-of-way. Section 78-329 of the Orono Zoning Code includes the following language regarding docks as an accessory uses within the LR -1B zoning district: Within any LR -113 one -family lakeshore residential district, the only permitted accessory uses and structures are the following: (5) Private docks, subject to this code and other applicable regulations, including boat storage density requirements. The accessory use of a private dock shall not include renting space. Section 78-1222, Riparian access and rights from the Shoreland Management regulations, reads as follows: For properties which as a result of the designation of the OHWL are found to abut the boundary of a lake, stream or tributary, no section of this chapter shall be construed as obligating the city to approve variances to provisions of this chapter prohibiting physical improvements, structures or land alteration within protected wetlands, floodplain areas or shorelands. Nothing in this chapter shall be considered as establishing or increasing riparian rights. This article is intended to regulate land use and establish building and zoning restrictions only. (Ord. No. 101 2nd series, § 1(10.56(20)), 2-24-1992)