HomeMy WebLinkAboutRe: dock � � �O
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��� CITY of ORONO
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����'�'Egg04' 2150 Kelley Parkway P.O. Box 66
� Orono, MN 55356 Crystal Bay, MN 55323-0066
September 13, 1996 �
John Ericson
1620 Shadywood Road
Wayzata, Minnesota 55391
,
Dear Mr. Ericson:
I have reviewed the information you provided, including the letter to City Attorney Tom Barrett
from Stephanie Young, the Lofrano deed to Lot 13 noting the easement for "private bathing and
boating purposes",the title entries noted,and the letter of response from City Attorney Barrett dated
June 27, 1996 including the Stodola case.
You are claiming that the "easement for bathing and boating purposes" over the westerly 25' of Lot
13,Wallace's Addition to the Village of Minnetonka Beach, gives you the right to construct a dock
on that property, to serve the owner(s) of Lots 17 and 18, Wiley's Navarre Addition Lake
Minnetonka. Lots 17 and 18 are not riparian and are located some 600' distant from Lot 13. Both
Lots 17 and 18 as well as Lot 13 are within the City's LR-1 C, Single Family Lakeshore Residential
Zoning District in which "private docks" is an accessory use subject to the City code and other
applicable regulations, including boat storage density regulation(Zoning Code Section 10.25, Subd.
5[A]).
By definition, "accessory use or structure" is "a use or structure subordinate to and serving the
principal use or structure on the same lot and customarily incidental thereto" (Zoning Code Section
10.02). The principal use of Lot 13 is the single family residence existing on Lot 13. Any dock on
or in the lake adjacent to Lot 13 therefore can only be used by the owners/occupants of Lot 13.
Based on the above noted code sections, City staff cannot issue a building permit for construction
of a new dock on/adjacent to Lot 13 to serve Lots 17 and 18.
Your Lots 17 and 18 are not unique. A number of other off lake properties in the Navarre azea have
similar "bathing and boating" easements over four City-owned parcels between Crystal Bay Road
and Lake Minnetonka a few hundred feet west of Lot 13. The City has similazly taken the position
that those off-lake owners do not have the right to construct docks on the lakeshore parcels. The
only difference between that situation and your situation is that the lakeshore pazcels owned by the
City are vacant, which provides an even greater basis for denial. This is because no accessory
structure may be placed on a parcel of land that does not have a principal structure.
Telephone (612) 47�'7357 � FAX 473-0510
John Ericson
September 13, 1996
Page 2
I am enclosing a copy of the Zoning Code sections noted above as well as Section 5.42, "Joint Use
of Lake Facilities". It appears that your proposed use does not fit any of the categories defined as
joint use in Section 5.42, Subd. 1(E),because Lots 17 and 18 are not riparian lots, nor aze they non-
riparian lots within a subdivision adjacent to the lake, Based on this, the City would not be able to
issue a joint use dock license if you and the owners of Lot 13 were to apply for such a license.
Further, it would appear that your proposed use would not meet Section 5.42, Subd. 5(A) which
would limit a new joint use to one boat slip per 50' of shoreline. Lot 13, at 50' of width, would
therefore only be allowed one slip under the joint use standards,which slip would serve the principal
residence on Lot 13.
In summary,your construction of a dock on the "bathing and boating easement" over Lot 13 would
not be permitted. If you have further questions,please feel free to contact me at 473-7357.
Sincerely, ��
1 ;;i"
/� �`�' ��/;�-._ �
✓� ;
Michael P. Gaffron
Asst. Planning & Zoning Administrator
MPG/ch
Enc.
cc: Jeanne A. Mabusth, Building&Zoning Administrator ✓
Tom Barrett, City Attorney
§ 10 .02
SEC. 10.02. DEFINITIONS. As used in this Zoning Chapter the
following words and phrases shall mean:
l. "Accessory Use or Structure" - A use or structure
subordinate to and serving the principal use or structure on the
� same lot and customarily incidental thereto.
2. "Agriculture" - TY�e utilization of land by raising
plants, trees or shrubs or the raising of domestic animals or fowl,
or both, for the purpose of selling to secure a profit.
3. "Airport or Heliport" - Any land, water, or structure
which is used or intended for use for the landing or take-off of
aircraft, and any appurtenant land or structure used or intended
for use �for port buildings or other port structures or right-of-
way.
4. "Alley" - A public right-of-way which affords a
secondary means of access to abutting property.
Source : Municipal Code
Effective Date: 9-14-67
5. "Animal Unit" - The following animals constitute one
animal unit equivalency: one cow or steer, one horse, donkey or
- burro, three sheep or fifty fowl.
Source : Ordinance No. 172
Effective Date: 1-1-75
6 . "Automobile Repair-Major " - General repair ,
rebuilding of trailers, including body work, framework and major
painting service.
7. "Automobile Repair-Minor" - The replacement of any
part or repair of any part which does not require the removal of
the engine head or pin, engine, transmission or differential;
incidental body and fender work, minor painting and upholstering
service when said service above stated is applied to passenger
automobiles and trucks not in excess of 7,000 pounds gross rating.
8. "Auto Reduction Yard" - A lot or yard where two or
more licensed motor vehicles or the remains thereof are kept for
the purpose of dismantling, sale of parts, sale as scrap, storage,
or abandonment.
9. "Basement" - A portion of a building located partly
underground, but having half of the floor-to-ceiling height below
the average grade of the adjoining ground.
10. "Basement Walkout" - A basement having an entrance at
grade level.
ORONO CC 242 (4-1-84)
§ 10 .24
,
Subd':�, 2. Permitted Uses. Within any "LR-1B" One Family
Lakeshore Residential District, no structures or land shall be used
except for one or ,more of the following uses : j,
A. Any permitted use as regulated zn the "R-lA"
District. ��.
�
Subd. 3. Cbnditional• Uses. With ' any "LR-1B" One
Family Lakeshore Residen�tial District, no st cture or land shall
be used for the following`.�ses except by con itional use permit:
A. Any cond�,tional use regulated in the "R-lA"
District. �'��
. Subd. 4. Accessory Uses. ,�Within any "LR-1B" One Family
Lakeshore Residential District \no' accessory structure or use of
land shall be permitted except�.for one or more of the following
uses: �'�� �
�
A, An.y accessory use ��as regulated in the "R-lA"
District and 'privat� docks' subject to the City Code and other
applicable regulations, including boat de�sity regulations.
Subd. 5. Area, Height, Lot Width��.and Yard Requirements.
�.
A. Height. No structure or \�uilding shall exceed
2-1/2 stories or� thirty feet in height except as provided in
Section 10 .75 . ��
.
.
�
j�' B. Lots. The following minimum requ.irements shall
be observe .
',\,
S ide Yard �S,ide Yard
Lot Lot Front Adjacent to Rear Adj��cent �o
Are Width Yard Another Lot Yard Str��t
1 re 140 feet 35 feet 10 feet 30 feet __ 35_fee�.,. . . ,
__ __---------_'"��
_ ._,__ _�._..._ --'�
�`�"�" � S$C. 10.25. LR-1C ONE FAMILY LARESHORE RESIDENTIAL DISTRICT.
'�� Subd. 1. Purpose. The "LR-1C" One Family Lakeshore
'� Residential District is intended to provide a district which will
; allow a combination of inedium density residential development and f
� limited agricultural activity. Planned residential develcpments ,
may be allowed by conditional use permits. The proposed land use
may not endanger the quality of storm water runoff into Lake
Minnetonka. Because of the location of the district near Lake
Minnetonka, special regulations are necessary to protect that
natural resource from the effects of intense development. The
district shall have immediate access to highways and public
sanitary sewer.
ORONO CC 285 (4-1-84)
§ 10 . 25
Subd. 2. Lakeshore Set Back, Hard Cover and Tree Removal
Regulations. (See Section 10 .22) .
Subd. 3. Permitted Uses. Within the "LR-1C" One Family
Lakeshore Residential District, no land or structure shall be used
except for one or more of the following uses:
A. Any permitted use as regulated in the "R-lA"
District.
Subd. 4. Conditional Uses. Within any "LR-1C" One
Family Lakeshore Residential District, no structure or land shall
be used for the following uses except by conditivnal use permit:
. A. Any conditional use as regulated in the "R-lA"
District except that a Planned Residential Development shall not be
limited to detached single family dwellings only.
Subd. 5. Accessory Uses, Within any "LR-1C" One r^amily
Lakeshore Residenti�:.l District, the following uses shall be
permitted" accessory u:,es:
A. Any accessory use as regulated in the "R-lA"
District any 'private docks' subject to the City Code and other
applicable regulations, including boat storage density regulations.
Subd. 6 . Area, Height, Lot Width and Yard Requirements .
A. Height. No structure or building shall exceed
� 2-1/2 stories or thirty feet in height except as provided in
j Section 10 .75 .
,
� B. Lots, The following minimum requirements shall
�
be observed: €
;
Side Yard
Lot Lot Front Side Rear Adjacent to
Area Width Yard Yard Yard Street
1/2 acre 100 feet 30 feet 10 feet 30 feet 15 feet
_____._.._.----._:....,._.. _....��,..._...
-...___-----�-- ---------�-_______�--- ___.._ _ _ �
SEC. 10.26. LR-1�1 ONE FAMILY LARESHORE RESIDENTIAL
SUBDISTRICTS. `
�.
L kesh\e Set B ck Hard Cover and Tree Removal
Subd. 1. a ,
Regulations. (See Section 10��22)
Subd. 2. Permitted \s�s, Conditional Uses, and Accessory
Uses.
A. Any u� as regula ed in the "LR-1C" District.
�
� ORONO CC 286 (4-1-84)
ORDINANCE # �_, 2ND SERIES
AN ORDINANCE TO AMEND THE ORONO MUNICIPAL CODE BY REVISING
SECTION 5.42 AND ADDING SECTION 5.43 RELATING TO BUSINESS AND JOINT USE
OF LAKE FACILITIES
The City Council of Orono ordains as follows: �
SECTION 1. Section 5.42 is hereby amended as follows:
SEC. 5.42. JOINT USE OF LAKE FACILITIES.
Subd. 1. Definitions. For the purpose of this Section, the following terms
have the meanings given them:
' A. "Boat Slip, Water" means a structure, space, dock or other thing
designed or used for the docking, moorin� or storin� of a boat temporarily or permanently in
� or on water, including mooring posts, buoys or other devices.
B. "Boat Slip, Land" means a structure, space or other thing designed
or used for storing a boat temporarily or permanently on land adjacent to a lake, whether it is
located on or off the licensed premises.
C. "
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"Boat Slin,
Permanent" means a boat slip on land or water used for the storing of a �iven boat on a lon�-
term or vearlv basis.
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�� "Boat Sli Transient;•` means a b� at sli on land or water used for the tem ora stora e
of man different boats for � ho eriods of time.
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�� � � ���^��`� t^ t�'^ ^'"'^ '�^^�' ��Joint Use" means more than two adjacent rinarian
landowners joinin$ for the�urpose of using lakeshore nroperty for swimmin�, bathine. fishin�
dockinQ or moorin�boats or for an�other�uraose Joint use includes the followin� activities:
1. More than two adlacent ri,parian landowners sharin� in the
1
use of a sing�le dock. _
2. An association of rivarian and/or non-riparian landowners
within a subdivision adjacent to the lake sharin� a dock or dock svstem nrovidinQ �ermanent
boat slips for the members.
3. In the RS zonin�district only a not-for-profit or�anization
or association providin� transient boat slips for stakeholders or a propertv used for dav use
recreation or overniQht cam�ina vurposes. �
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Subd. 2. License Required. It is unlawful for any person to engage or
participate in '� ���"�� „�� "".lo�t use without first having obtained an annual license therefor
from the City.
Subd. 3. � � rr f•i• „� ., , n �• r• � .. i:,.o.,�o t�,e
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. ,, „ ,.����,o�e�y-i���r-t��Je-�et' � �,,s �,.,,.,,.:, License
Application Anv verson or �roup of�ersons makin� application for a ioint use license shall do
so on forms provided by the Citv and shall Qrovide such information as mav be deemed
necessary bv the Council in order to act on such application The fee for license apnlications
shall be set by ordinance.
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Subd. 4. Public Hearing Upon filins of anv application for license, the
Council mav call a hearin�upon such notice as it may deem anvrovriate. No such hearina shall
be mandator� but wholly within the discretion of the Council except that a heann� shall be
2
held at the request of the applicant in.cases of license revocation or denial.
Subd. 5. Joint Use Standards. Joint uses shall adhere to the followinQ
standards:
A. Any association of riparian and/or non-riparian landowners within
a subdivision adiacent to the lake which initiates a new ioint use shall adhere to LMCD
reQulations and no such use shall have more than one boat sli� per 50 feet of shoreline as
measured by..a straiQht line between the points at�which the side lot lines meet the OHWL._
Further all such use shall adhere to the Shoreland Mana�ement ReQulations of Section 10.56.
B. An�ioint use in the RS zonin� district bv a not-for-vrofit
orsanization or association providing transient boat slivs for stakeholders of a vrovertv used for
dav use recreation or overniQht campina purposes shall be allowed onlv in coniunction with a
valid conditional use�ermit for said use issued bv the Council.
C. ParkinQ facilities not allowed. No joint use shall be approved
which necessitates�rovision of�arkin� stalls or which creates the need for narkin� on anv street
ri�ht-o�,�,f-wav.
SECTION 2. Section 5.43 is hereby added as follows:
SEC. 5.43. MARINA BUSINESS LICENSE.
Subd. 1. Definitions For the purpose of this section the terms "Boat Slin,
Water" "Boat Sli�, Land" "Boat S1iQ Permanent" and "Boat Sliv Transient" shall have the
meaninQs �iven them in Section 5 42 The followin� terms have the meaninQs �iven them:
A. "Business Use" means en�a�in� in either a marina business or the
business of dockin�, moorin� or storin� boats.
B. "Marina Business" means enga�in�in one or more of the vermitted,
accessorv or conditional uses allowed within the B-2 zonine district.
C. "Business of DockinQ Mooring or Storine Boats" means rentinQ
or otherwise providing snace includin�boat buoys for dockinQ moorinQ or storin¢ one or more
boats belon�g to�ersons other than the owner or occuQant of the UroUertY excent when
licensed as a joint use.
Subd. 2. License Required It is unlawful for any nersons to en�a�e or
participate in business use without first havin�obtained an annual license therefor from the Citv.
Subd. 3. License A�,plication Any person or �roup of nersons makin�
license apnlication for business use shall do so on forms provided b�the Citv and shall vrovide
3
such information as mav be deemed necessarv bv the Council in order to act on such avplication.
The fee for license application shall be set bv ordinance.
Subd. 4. Public Hearing. Upon filing of any application for license, the
Council ma call a hearinQ upon such notice as it mav deem appropriate. No such hearin� shall
be mandatorv but whollv within the discretion of the Council, excent that a hearin� shall be
held at the re�uest of the applicant in cases of license revocation or denial.
Subd. 5. Business Use License Standards. Businesses required to be
licensed under this section shall be subject to the requirements and nerformance standards of the
B-2 ZoningL.District and per the followin� business use license standards:
A. Insurance Required Each business shall provide certification of
liabilitv insurance coveraQe for the duration of the license period.
,
B. The prunarv business o,perator on the propertv shall be the
licenseholder and shall be responsible for noti in� the Citv of anv and all businesses subleased
on the�remises Such secondary businesses shall not be separatelv licensed but shall be allowed
onlv when in conformance with the provisions of the B-2 zonin� district standards.
C. Operation Standards Each business licensee shall adhere to the
followinQ minimum operation standards:
1. Parkin� facilities on the site shall be mana�ed so as to
eliminate traffic or oarkin� con�estion eliminate ille�al on-street varkin�. and avoid vedestrian
traffic through nei�hborin� propertv.
2. Boat en�ine testin�and chargin�shall be limited to the hours
8•00 a.m. to 6:00 p.m.
3. Retail sales and service shall be limited to the hours 7:00
a m to 10•00 p m except as necessary to accommodate normal fishin� activitv or nrivate use
of�remises stored boats.
4. The site shall be kept neat and orderlv and free of�arbaQe.
5. On land stora�e of boats shall be manaQed so as to eliminate
any view obstructions for traffic enterin� and leavin� the site.
6. ParkinQ and on-land storaqe of boats trailers, materials and
eauipment shall be limited to those locations shown on an approved site operation vlan, which
plan shall be submitted or updated aspart of the annual license application Such site overation
plan shall also indicate seasonallv variable uses.
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: � .
7. Li�hts shall be shielded from the road, the lake, and adjacent
properties.
Subd. 6. Business Use Licenses Limited to B-2 Zone. No business use shall
be licensed in an zy oning district other than B-2 except that when a business use is allowed bv
ordinance in another zonin� district such use conducted in said district shall not be reauired to
obtain a license.
Subd. 7. License Revocation. �Failure to adhere to the business use license
standards of Subd 5 (A throu�h C) shall be cause for license suspension or revocation ner the
provisions of this chapter.
SECTION 3. Adoption and Publication. This ordinance shall be published in THE PIONEER
and THE LAKER and shall become effective unmediately upon publication. Adopted by the
City Council of Orono on the 28th day of June, 1993 by a vote of 3 ayes, 1 nay and 1
abstention.
A ST:
r— � ' �
Dorothy M llin, City Clerk Edward J. Ca 1 an, Jr., Mayor
'Publi:sHed in� :the.-Laker and Pioneer newspaper the week of
August 9, 1993 .
� 5