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IT <br />‘.r <br />W’; <br />i' <br />' Bthiu Poiat Lane Joint Dock <br />April S, 200S <br />Po|e2 <br />Joint Use Standnrds <br />The City has been licensing joint use docks since 1963 (see Exhibit G). Under the current ordinance <br />(Exhibit F) the prqxtsed joint use is in the second listed category, “An association of riparian or non ­ <br />riparian landowners within a subdivision adjacent to the lake sharing a dock or dock system providing <br />permanent boat slips for the members". The joint use standards in Section 94-38 require that new joint <br />uses adhere to LMCD regulations, and allow no more than one slip per SO* of shoreline as measured by <br />a straight line. <br />The Code also requires adherence to the Orono Shoreland Management standards, adopted in 1992. The <br />primary Shoreland code section potentially tqiplicable to the current proposal is 94-1278 “Lakeshore <br />Access Lots". This section generally provides standards and limitations for the creation ofnew lake access <br />lots,andifqjplied to thecurrentsituation would disallow creationofOutlot 1, as it doesn ’t meet the 140* <br />width standard of the LR-1B District for even one off-lake lot to have a dock, and it is not technically <br />“across the road" from all the lots it would serve. <br />The code also requires that covenants be adopted that would establish who can use the Outlet and what <br />activities can occur there, and should address parking, storage, etc. <br />Site Layout <br />The site is on the south side ofNorth Shore Drive, directly across from Wayzata Marine. It sits behind a <br />6* fence (in only &ir condition, needs repair) which runs along the entire length of the outlot and to within <br />perluqM 10-20'of the lake. While a fence within 75'ofthe lake is normally not allowed, this fence is <br />existing and should be maintained to provide screening to the site; total rq>lacement of this fence would <br />require a lake setback variance for any portion within 75' of the shoreline. The fence provides significant <br />visual screening fi^m North Shore Drive. Dock and lift sections are currently stored on the site and are <br />generally invisible from the road. The fence has a gate section which can be opened to allow for access <br />from North Shore Drive; however, the normal access to the site by the 3 property owners is on a gravel <br />fooq>ath leading from the Weber property. An easement across the east 25'of the Ritter property provides <br />legal access to tlie Outlot, although it is unclear whether the easement is walkable. <br />Basb for Approval <br />Ifthis subdivision was proposed under current ordinances, Outlot 1 could not be created and the joint use <br />would ix>t be allowed. However, there are a number of factors which support af^roval ofa joint use dock <br />license fm this site: <br />1.ft is apre-existingjoint use situation ftiat predates bodi the Shoreland ordinance and the Subdivision <br />code. The current owners have requested the license to make their current and historic use legal <br />under the City ordinances. <br />1