HomeMy WebLinkAbout#6037-CUP-2011 , . , �
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CITY of ORONO
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RESOLUTION OF THE CITY COUNCIL
��`�kEsKo�`'�G No. 6 0 � 1
A RESOLUTION GRANTING
A CONDITIONAL USE PERMIT FOR BOAT CLUB USE
PER MUNICIPAL ZO1vING C,ODE SECTION 78-666(1)
FOR THE PROPERTY AT 1444 SHORELINE DRIVE
- FILE NO. 11-3501
WHEREAS, Luke Kujawa of Your Boat Club, LLC, a Minnesota limited
liability corporation (hereinafter the "applicant") on behalf of Browns Bay LLC, a
Minnesota limited liability corporation (hereinafter the "owner") has an interest in the
property located at 1444 Shoreline Drive within the City of Orono (hereinafter the "City")
and legally described as follows:
Exhibit A, attached (hereinafter the "commercial property"); and
WHEREAS, the applicant has applied to the City for a conditional use permit
to permit a boat club use to operate at the commercial property per Municipal Zoning Code
Section 78-666(1); and
WHEREAS, the commercial property has for many years been operated as a
commercial marina and has made use of two adjacent residentially-zoned parcels at 1440
and 1442 Shoreline Drive for parking to serve the commercial marina use, said parcels
legally described as follows:
Exhibit B, attached (hereinafter the "residential property").
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #11-3501.
2. The commercial property is located in the B-2 Lakeshore Business District and
comprises approximately 0.66 acres in area. Additionally, the portion of the
residential property located east of Shoreline Drive is used for marina purposes and
is zoned B-2, comprising an additional approximately 0.10 acres. The total area
zoned B-2 and used for marina purposes is approximately 0.76 acres.
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RESOLUTION OF THE CITY COUNCIL
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3. The portion of the residential property west of Shoreline Drive is zoned LR-lA
Lakeshore Residential District comprising approximately 0.37 acres in area, of which
approximately 50' x 110' or 0.13 acre has been historically used for marina parking.
4. On March 21, 2011 the Orono Planning Commission reviewed the application as
proposed and voted 4-1 to recommend denial of the application based on the lack of
sufficient information to guarantee the number of parking stalls available to serve the
marina and boat club uses, but to change that recommendation to one of approval if
the applicant submits further evidence to staff to demonstrate that the combined use
of the marina and boat club will comply with the parking regulations of Section 78-
668 and staff finds that the objective requirements of that section are met and
adequate parking is available at the site.
5. The City Council makes the following findings of fact regarding this application:
a. Resolution No. 2674 adopted by the City Council on August 14, 1989
documented the availability of 73 total parking stalls on the commercial and
residential properties falling 4 stalls short of the 77 stalls determined to be
required by code for the marina use at that time under the approved site plan,
and a 4-stall variance was granted.
b. The zoning code does not currently establish an incremental parking
requirement for the boat club conditional use.
c. Council finds that operation of a boat club use does not require additional
parking over and above the level required for marina use if the boat club is
operated in an appropriate manner.
d. Changes in the marina operation at this site since 1989 have resulted in fewer
boat slips on the water, with the current number of required parking stalls
being calculated as follows:
Total slips on water: 97
Total slips devoted to retail sales/display/service operation: 6
Net available rental slips: 91 slips x 0.6 stalls required per slip = 54.6 stalls
Additional stalls required for sales/service operation: 8 stalls
Additional stalls required for area of building > 1000 s.£: 3 stalls
Additional stalls required for employee parking: 4 stalls (nominal)
Total stalls required per current code= 54.6+8.0+3.0+4.0=69.6=70 stalls
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RESOLUTION OF THE CITY COUNCIL
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e. The number of available parking stalls is as follows:
Tanager Lake side of CR15: 24 paved, marked stalls at 1444 Shoreline
26 unmarked gravel stalls at 1440-42 Shoreline
Browns Bay side of CR 15: 26 unmarked stalls in rectangular gravel parking lot
5 potential parking stalls in triangular gravel area
Total Available Stalls in areas previously approved for parking: 76 stalls
Additional potential stalls not previously approved for parking: 5 stalls
f. The City Council finds that the number of available parking stalls exceeds the
required number of stalls for the proposed marina and boat club operation.
g. Applicant's analysis of parking needs for the boat club use suggests that the nature
of the boat club business is self-limiting, to the extent that proper site mana.gement
resulting in club customers having no difficulties parking at the site is critical to
maintaining the customer base. The applicant has acknowledged that there is no
additional parking available on neaxby roadways and has indicated that off-site
parking is not part of his intended business plan but may be used on occasion in a
worst-case scenario. The Council finds that formally establishing an off-site
parking requirement to serve the boat club use is neither desirable nor warranted.
h. The location of this marina on both sides of Shoreline Drive creates a situation in
which it is necessary to make all reasonable attempts to limit the need for pedestrian
crossing of the public road.
i. The 1989 approval for use of parking stalls located on the adjacent residential
property was predicated on the common ownership of those residential parcels with
the marina property. The recent changes in ownership which have resulted in the
residential property being in separate ownership from the commercial property
require establishment of a legal relationship to ensure the continued viability of this
parking arrangement.
j. The Council finds that it would be appropriate to establish a limit at this time to the
number of slips allowed to be devotec� to boat club use, because of the lack of data
and unpredictability of the parking needs for the boat club use. The property owner
could apply for an amendment of the CUP in the future to request additional boat
club usage, which would be reviewed on its merits at that time.
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RESOLUTION OF THE CITY COUNCIL
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6. The City Council finds that granting a conditional use permit to allow a boat club use at
1444 Shoreline Drive will not be detrimental to the health, safety or general welfare of the
public, would not adversely affect light, air nor pose a fire hazard or other danger to
neighboring properties, nor will its use depreciate surrounding property values and that the
proposed level of use of the property will be in keeping with the intent and objectives of the
Zoning Code and Comprehensive Plan of the City.
7. The City Council has considered this application including the findings and
recommendations of the Planning Commission, reports by City staff, comments by the
applicant and the effect of the proposed conditional use permit on the health, safety and
welfare of the community.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon one or more of the above findings, the Orono City Council hereby
grants a conditional use permit per Municipal Zoning Code Section 78-666 to allow a boat club use
at 1444 Shoreline Drive subject to the following conditions:
l. This approval shall not become effective until the City Attorney has approved the
documentation establishing the permanent right for the marina to use parking area on the
residential properties.
2. Operator(s) of the marina and boat club shall endeavor to have customer parking occur on
the same side of Shoreline Drive as the boat being accessed, to avoid pedestrian crossings
of Shoreline Drive.
3. No more than 20 slips may be devoted to boat club use. An amendment of this conditional
use permit will be required in order to exceed this number.
4. Applicant and owner are advised that the only allowed commercial use of the residential
property west of Shoreline Drive is for parking, and that the residence buildings on the
residential property may not be used for commercial purposes.
5. The original approvals for redevelopment of this site in 1989 required establishment of rock
beds at the lakeward end of the two main parking areas for trapping sediment and debris
from the site. The property owner shall clean out and rebuild these structures as necessary
to continue their effectiveness
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RESOWTION OF THE CITY COUNCIL
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6. Handicap parking sta11 signage and/or markings shall be re-established in appropriate
location within the paved parking area.
7. Signage for the various uses will continue to be limited to that allowed by City Code for a
commercial site.
8. The property owner shall ensure that lighting on land and on the docks is shielded to avoid
future concerns of neighboring property owners.
9. Violation of or non-compliance with any of the terms and conditions of this resolution sha11
constitute a violation of the Zoning Code, shall automatically eliminate any authority
granted herein, and shall be punishable as a misdemeanor.
The undersigned property owner has read, understood and hereby agrees to the terms of this
resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the
recording of this resolution in the Chain of Title of the property.
Adopted by the City Council of the City of Orono this l lth day of April, 201 L
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�� ���a�r', �e,�,�t�;C�srk Lili Tod McMillan, Mayor
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Brown's Bay LLC
By:
.G. Kaminski, its anager
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CITY of URONO
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RESOLUTION OF THE CITY COUNCIL
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`9kEST�i�4 NO.
STATE OF MINNESOTA
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me on this � day of ,
2011 by Lili Tod McMillan, Mayor of the City of Orono, a Minnesota municipal corporati and
said instrument was executed on behalf of the City.
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MONICA A.FADN�SS �f��� � �y�(�d.G/
NOTARV PUBLIC-MINNESOTA �
My Canmission Expires Jan.31,20�2 Notary Public
STA
COUNTY OF HENNEPIN
The foregoing instnzment was acl�owledged before me on this �'f day of � ,
2011 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporat�d
said instrument was executed on behalf of the City.
,MONICA A.FADNESS eQ,.�G� �
NOTARY PUBLIC-MINNESOTA NOt3T Public
My Commission Expires Jan.31,2012 Y
STATE OF MINNESOTA
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me on this q�da of �
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2011 by M.G. Kaminski, manager of Brown's Bay LLC, a Minnesota limited liability company
on behalf of Brown's Bay LLC.
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�?������ BARBARA G•SILUS Notary Public
NOTARY PUBLIC-�N�3��13
My C,ommissia�ExPk
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O O CITY of ORONO
� ��. � RESOLUTION OF THE CITY COUNCIL
� G� NO. 60 � 7 .
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EXHIBIT A
Legal Description of the Commercial Property
The following two parcels in Hennepin County, Minnesota:
1444 Shoreline Drive, Orono,Minnesota,PID 11-117-23-22-0006:
�That part of Government Lot 1, Section 11, Township 117, Range 23 described as
commencing at the meander corner on the North line of said Government Lot 1; thence
South 10 degrees East (assuming the North line of said Govemment Lot 1 as bearing
East and West) a distance af 764.88 feet to the actual point of beginning; thence North
67 degrees 48 minutes East to the shore of Lake Minnetonka; thence Southeasterly along
said shore to its intersection with a line bearing North 67 degrees 48 minutes East from a
_ point which is on a line bearing South 10 degrees East and distant 61.39 feet from the
� actual point of beginning; thence South 67 degrees 48 minutes West to the shore line of
� � Tanager Lake (formerly Mud Lake); thence Northwesterly along the shore of Tanager
Lake to its intersection with a line bearing South 67 degrees 48 minutes West from the
-� actual point of beginning; thence North 67 degrees 48 minutes East to the actual point of
m �beginning.
m
m Address Unassigned,PID 11-117-23-22-0007:
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� 1 That part of Government Lot 1, Section 11, Township 117, Range 23 described as
commencing at the meander comer on the North line of said Government Lot 1; thence
c� South 10 degrees East (assuming the North line of said Government Lot 1 as bearing East
� and West) a distance of 826.27 feet to the actual point of beginning; thence North 67
degrees 48 minutes East to the shore of Lake Minnetonka;thence Southeasterly along said
shore 60 feet more or less to an intersection with a line bearing North 67 degrees 48
nn minutes East from a point which is on a line bearing South 10 degrees East and distant
��,0 61.39 feet from the actual point of beginning; thence South 67 degrees 48 minute West to
q'� the shore of Tanager Lake (formerly Mud Lake); thence Northwesterly along the shore of
Tanager Lake to an intersection with a line bearing South 67 degrees 48 minutes West
from the actual point of beginning; thence North 67 degrees 48 minutes East to the actual
�point of beginning.
Torrens property
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RESOLUTION OF THE CITY COUNCIL
��`�k'ESfI04'�G NO. 6 0 3 T
EXHIBIT B
Legal Description of the Residential Property
The following two parcels in Hennepin County, Miruiesota:
1440 Shoreline Drive, Orono, Minnesota, PID 11-117-23-22-0004:
That part of Government Lot 1, Section 11, Township 117, Range 23 described as
follows: Commencing at the meander corner on the North line of said Government Lot
l; thence, South 10 degrees East (assuming the North line of said Government Lot 1 as
bearing East and West) a distance of 647.23 feet to a point hereinafter referred to as
"Point A"; thence continuing south 10 degrees East a distance of 117.65 feet to the actual
point of beginning; thence South 67 degrees 48 minutes West to the shore of Tanager
Lake; thence Northerly along said shore line to a line bearing South 67 degrees 48
minutes West from said "Point A"; thence North 67 degrees 48 minutes E�.sr, �:� the shore
' ;� � of Lake Minnetonka;thence Southerly along the shore line of Lake Minnetonka to a line
bearing North 67 degrees 48 minutes East from the actual point of beginning; thence
«, `� South 67 degrees 48 minutes West to the actual point of beginning; which lies
� �. Northwesterly of a line drawn parallel with and 65 feet Southeasterly from the
�:� `'� Northwesterly line and its extensions of the above described tract.
, �
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� � 1442 Shoreline Drive, Orono, Minnesota, PID 11-117-23-22-0005:
m
,r � That part of Government Lot l, Section 11, Township 117, Range 23 described as
w � follows: Commencing at the meander corner on the North line of said Government Lot
i �� 1; thence South 10 degrees East (assuming the North line of said Government Lot I as
S bearing East and West) a distance of 647.23 feet to a point hereinafter referred to as
� "Point A"; thence continuing south 10 degrees East a distance of 117.65 feet to the actual
4} point of beginning; thence South 67 degrees 48 minutes West to the shore of Tanager
Lake; thence Northerly along said shore line to a line beaxing South 67 degrees 48
minutes West from said ��Point A"; thence North 67 degrees 48 minutes East to the shore
of Lake Minnetonka; thence Southerly along the shore line of Lake Minnetonka to a line
bearing North 67 degrees 48 minutes East from the actual point of beginning; thence
Soutfi 67 degrees 48 minutes West to the actual point of beginning; except that part of the
above described tract which lies Northwesterly of a line drawn parallel with and 65 feet
Southeasterly from the Northwesterly line and its extensions of the above described
tract.
Torrens Property
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STATE OF MINNESOTA )
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COUNTY OF HENNEPIN )
The undersigned,being duly qualified and appointed City Clerk of the City of
Orono, Minnesota, certifies that I compared the foregoing resolution adopted at the
meeting of the Orono City Council on May 9, 2011, with the original thereof on file in
my office, and the same is a correct transcription thereof.
WITNESS my hand officially as such City Clerk and the Corporate seal of the
City this 1 lth day of Mav , 2011.
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Doc No T4903818
Certified, filed and/or recorded on
11/22/11 9:19 AM
Office of the Registrar of Titles
Hennepin County, Minnesota
Michael H. Cunniff, Registrar of Titles
Mark V. Chapin, County Auditor and Treasurer
Deputy 26 Pkg ID 751595 -
Doc Name: Resolution
Document Recording Fee $46.00
Multiple Certificates Affected $20.00
Fee
Document Tota/ $66.00
Existing Certs New Certs
1213633
1314039
This cover sheet is now a permanent part of the recorded document.
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A RESOLUTION GRANTING
A CONDITIONAL USE PERMIT FOR BOAT CLUB USE
PER MUNICIPAL ZONING CODE SECTION 78-666(1)
FOR THE PROPERTY AT 1444 SHORELINE DRIVE
- FILE NO. 11-3501