03-28-1994 Council Packet - Laserfiche WebLink

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Request for Council Action continued page 2 of 3 March 21, 1994 Joint Use Dock License - Minnetonka Power Squadron 2.A review of the code and discussions with the City Attorney yield the conclusion that the Power Squadron is required to obtain a Conditional Use Permit. Section 5.42, Subd. 5(B) requires that "any joint use in the RS Zoning District by a not-for-profit organization or association providing transient boat slips for stake holders of a property used for dav use recreation or overnight rampin2 purposes shall be allowed only in conjunction with a valid conditional use permit. . This language was added in 1993. Review of RS District. Section 10.31, Subd. 3(C) "Day Use Recreation Areas", copy attached, suggests that this is the appropriate fit for the Power Squadron’s conditional use permit. The other possibility, "Overnight Camps", Section 10.31, Subd^ 3(D), is clearly intended for organized long-term overnight camps such as the Vets Camp or a scout camp situation. The Day Use Recreation Area category does allow "overnight camping only on an occasional and incidental basis'*. This appears to be the degree of overnight use historically occurring at the Power Squadron property. The perform^e standards for this conditional use were likely drafted with the Power Sqiudron in mind. It was the City ’s intent, as noted in the letters referenced below, to issue CUP’s to existing users, acknowledging their rights to continue in operation. Additional research discovered the attached May 25, 1983 letter from former City Planner Alan Olson to the Power Squadron regarding their CUP (to be granted at no charge for existing uses), their June 17, 1983 response, andai .ne21, 1983 confirmation by Olson that he would "begin drafting the acmal conditional use permit for this property based on your information. As soon as 1 am able to have this done, 1 will be sending you a draft for the Power Squadron’s review and agreement prior to the time that I ask the City Council to approve it for recording." These three documents comprise the entirety of Zoning File #792, leading me to conclude that before he left the City in October 1983, Olson did not draft such a CUP resolution and this application has never been followed up. According to additional information in the RS ordinance file, the CUP’s were to be reviewed by Planning Commission and Council under the normal procedure. I also reviewed the RS District "nonconforming" use section to determine its applicability to the Power Squadron. It requires that "all existing uses of land or struemres which may be made nonconforming by adoption of this section shall be discontinued made to be in full compliance with all use and performance standard requirements of this section within a period of seven (7) years from the date of adoption, not to extend later than January 1, 1990". Note that the Power Squadron’s use is not "nonconformmg , because it is an allowed use via a conditional use permit. The only "nonconformity is the lack of a valid conditional use permit, which the Power Squadron applied for m