09-09-2002 Council Packet - Laserfiche WebLink

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i . Robert Waade June 27.2002 Page 3 more than a 5' buffer for this marina, and will not attempt to enforce anything more than a S' buffer until/unless this marina re-develops. For the record, note that just prior to Wayzata Marine acquiring this property, the previous owner Mr. Dunn was required by the City Council to install the 6' fence to ad^ss your concerns regarding trespass, trash and screening. In 1995 the City revised the B-2 standards, and a significant change was that certain marina activities became allowed only via Conditional Use Permit, and a CUP would not be issued until the landscape standards were met. This marina has not commenced any of the uses requiring a CUP, hence there has been no impetus for them to upgrade their landscaping. 7) “Remove marina debris from Waade Dropertv^*. During the June 10 inspection the marina owner was directed that to the extent debris from the marina finds its way to the Waade property, the marina is responsible for removal of that debris. 8) "Lights need covers and paging systems need to cease ”. Code Section 10.41 Subd. IIC requires that lighting shall be shielded so that no direct glare can be seen from adjoining residences, from the lake or from the roadway. The date of installation of the three lights which are the subject of your complaint is unclear. However, because shielding of lighting is also addressed as a licensing operation standard in Section 5.43 Subd. 5C, the lighting is not considered as a legal nonconformity. Therefore, the City has advised the marina owner to s' leld the 3 lights. He has chosen to install replacement lighting that will direct light downward ulher than outward. Replacement of the three existing offending light fixtures was underway on June 10. The marina owner indicated it would take a few days to finalize the installation and then orient the lights to avoid shining into your property. It is our understanding that the lighting is as of this writing not resolved. The City will be following this up immediately. Sgt. Kurt Erickson of the Orono Police Dept, has been in contact with the marina regarding the paging system (addressed under the City’s noise ordinance. Section 9.24). The marina has been directed to turn off all exterior speakers, which we believe has been done, and which the marina owner agreed to do at least until his attorney has reviewed the ordinance. The ordinance states that loudspeaker noise that is “loudly audible" is a violation of the ordinance. The City’s determination regarding noise that is “loudly audible" is noise that is louder than a normal conversation being conducted on the marina side of the fence. Therefore, regarding the speakers inside the shop area which are audible outside the marina building when the overhead garage door is open, the owner is being directed to reduce the volume of the interior speakers so that the volume received by your property is not “loudly audible". Sgt. Erickson will continue to work with »he marina as necessary on this issue.