HomeMy WebLinkAboutRe: zoning status � �
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� � CITY of ORONO
� Municipal Offices
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� � �v Street Address: Mailing Address:
"�'`� G,ti,�' 2750 Kelley Parkway P.O.Box 66
,� ,� Orono,MN 55356 Crystal Bay,MN 55323-0066
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March 15, 2011
David Kirkland
176 Babcock Lane
Wayzata, MN 55391
Re: Zoning Status - Sailors World Marina, 1955 Shoreline Drive, Orono, Minnesota
Hennepin PINS #10-117-23 42 0024
Dear Mr. Kirkland:
Per your request,the following is in regard to the zoning status of the above referenced property:
1. The property is zoned B-2 Lakeshore Business District for which zoning standards may
be found in Orono Municipal Code Chapter 78, Sections 78-661 through 78-678 (copy
attached). The existing use as a commercial marina is a permitted use in the B-2 District.
2. The property is further regulated under Orono Municipal Code Chapter 94, Sections 94-
71 through 94-74 and 94-96 through 94-101 (copies attached) with regards to annual
licensing of marina businesses. The property is in compliance with City licensing
requirements. Note: The City last issued licenses to Orono marinas in 2006. The most
recent license issued in 2006 retroactive to 2004 is considered current and valid(copy �
attached).
3. The property is allowed to operate a `boat club' per the terms and conditions of a
Conditional Use Permit granted via City Council Resolution No. 3582 on July 10, 1995
(copy attached).
4. The property has been developed subject to a number of past variances which have been
documented via Resolutions of the City Council. Said Resolutions are likely to appear of
record in the chain of title of the property. Copies will be made available if requested.
Please feel free to conta.ct me at 952-249-4622 or via email at m af�fro_n(�a,ci.orono.mn.us if you
have any questions.
Sincerely,
L'ia� �
Michael P. G fron
Assistant City Administrator
encl.
Telephone(952)249-4600•Fax(952)249-4616
www.ci.orono.mn.us
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' Orono, Minnesota, Code of Ordinances» Title VI - LAND USE » Chaqter 78-ZONING
' REGULATIONS »ARTICLE IV. -DISTRICT REGULATIONS» DIVISION 13.-B-2 LAKESHORE
! BUSINESS DISTRICT»
�; DIVISION 13. -B-2 LAKESHORE BUSINESS DISTRICT �
Sec. 78-661.-Definitions.
�
Sec. 78-662.-Puroose.
! Sec. 78-663.-Business license reauired.
Sec. 78-664.-Site�lan review.
Sec. 78-665.- Permitted uses.
Sec. 78-666.-Conditional uses. '
Sec.78-667.-Accessorv uses. '
� Sec. 78-668. -Parkina reauirements.
Sec. 78-669.-Yards. '
� Sec. 78-670.-Landscaoina areas.
Sec. 7&671. -Additional�erformance standards.
Sec. 78-672. -Area. height. lot width and vard reauirements
' Sec. 78-673.-Setback. hard cover and tree removal regulations.
� Sec. 78-674.- Drainage.
� Sec. 78-675.-Nonconforming use.
Sec.78-676. -Variances.
Sec. 78-677. -Reaulation of structures within the lake: adoption bv reference
� Sec. 78-678.-Reference to other ordinances.
' Secs. 78-679-78-700.-Reserved.
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i ' Sec. 78-661.- Definitions.
The following words,terms and phrases,when used in this division,shall have the meanings ascribed
to them in this section, except where the context clearly indicates a different meaning: ,
', Charter boat means a watercraft carrying passengers for hire on Lake Minnetonka and which is
i
required to hold a certificate of registration from the Lake Minnetonka Conservation District. :
Marina business means engaging in one or more of the permitted, accessory or conditional uses
allowed within the B-2 lakeshore business district.
(Code 1984, § 10.41(2);Ord. No. 132 2nd series, §2; 1-23-1995)
Cross reference—Definitions generelly,§1-2.
._ _.._ _ _
Sec. 78-662.-Purpose. _
The B-2 lakeshore business district was originally intended to provide areas where limited commercial
, businesses could be located to service boats used for recreational purposes on Lake Minnetonka. However,
many of the operators of the lakeshore businesses have stripped the trees and vegetation from the shorelands
! and have expanded the operations so that now the B-2 lakeshore business district adversely affect the lake
' water quality and the real estate values of adjoining properties.The purpose of this division is to provide
� regulation of these businesses in a manner that will ensure protection of adjacent residential properties which
� have previously suffered from the unregulated expansion of commercial activities,while protecting and
; enhancing the quality of the lake and shoreland environment.
I (Code 1984, § 10.41(1);Ord. No. 132 2nd series, §2, 1-23-1995)
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' Sec. 78-663.- Business license required. .
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Each marina business within the B-2 lakeshore business district shall obtain an annual marina business
� license per the provisions of this Code. ,
' (Code 1984. § 10.41(3):Ord. No. 132 2nd series. §2, 1-23-1995)
_ . _ _ _ _ _
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Sec. 78-664.-Site plan review.
All site plan reviews in the B-2 lakeshore business district shall be reviewed as set forth in article II,
division 4 of this chapter. ;
', (Code i984, § ?0.41(4);Ord. No. 132 2nd series, §2, 1-23-1995:Ord. No. 68 3rd series; §5, 2-8-2010)
_ _ __ _ .
_
. _ _ _
Sec. T8-665.- Permitted uses.
Wdhin the B-2 lakeshore business district, no land or structure shall be used except for one or more of
the following uses
(�� Rental of in-water boat slips.
�y� Sales of boats, motors,trailers and marine accessories. '
, �g� Repair and servicing of boats.
(4� On-land storage of boats,winter and summer.
�5� Marine fuel sales.
(g� Bait and fishing tackle sales.
(Code 1984, § 10.41(5);Ord. No. 132 2nd series, §2, 1-23-1995)
� ____ . ._..__... _ _ _
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Sec. 78-666.-Conditional uses.
No conditional use permit shall be granted unless the property is found to be in compliance with the
landscaping and screening requirements of this division.All conditional use permit applications shall be
reviewed in accordance with the provisions of article V of this chapter.Within any B-2 lakeshore business
; ` district, no st�ucture or land shall be used for the following uses without a conditional use permit
��� Boat clubs(time share).The applicant shall demonstrate that adequate parking is available on
the site.
; (2) Public boat launching, on-demand (on-demand launching of customer-owned boats stored on the
business site).The applicant shall demonstrate that adequate parking is available on the site.
; Approval shall be subject to Lake Minnetonka Conservation District(LMCD)permit for such use,
but the city shall not be obligated to approve such use if approved by the LMCD when parking is
' ' inadequate.
(3) Public boat launching,transient. (Launching of boats via a ramp or other means for or by
customers when such boats are not stored on the site).The applicant shall demonstrate that
adequate car-trailer parking is available on the site. Hours of operation shall be at council ,
discretion.
(4) Charter boat port of call.A charter boat port of call shall be defined as a location where a charter
boat may pick up passengers other than the owner or operator or employees of the charter boat,
' whether or not the charter boat is normally berthed on the property.The city may place '
appropriate conditions on a charter boat port of call regarding minimum parking requirements, ;
, hours of operation, etc., as may be appropriate to protect public interest.The applicant shall
demonstrate to the council that all such conditions are met.
(5) One caretaker dwelling unit, subject to conditions and limitations for such use that may be �
imposed by the city counciL
' (Code 1984, § 90.41(7);Ord. No. 132 2nd series, §2, 1-23-1995)
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i Sec. 78-667.-Accessory uses.
Within any B-2 lakeshore business district,the following uses shall be permitted accessory uses: ,
�q� Signs, as regulated in this chapter.
�2� Boat head pumpouUsanitary boat waste dumping facility.
�g� Fishing toumaments,subject to all other permit requirements of this Code. '
' �4� Sale of prepackaged foods or food from vending machines. Prepackaged food inGudes only food
which has been professionally prepared at a location other than on the premises and does not ,
include full-course meals or any food preparation other than warming by use of an infrared or
microwave oven. Sale of food from vending machines is allowed. '
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�5� Dive shops.
�g� Clubhouse(assembly/lounge/kitchenette area for use by slip rental or boat club customers only).
�7� Lessons/teaching (sailing schools,etc.).
�g� Rental of boats.
� �g� Sailboard sales/rentaL
; (10) ��boating sales/rental/service and operations base.
� (71) ��fishing tackle sales.
�12� Cross-country ski sales/rental/service.
(Code 1984, §10.41(6);Ord. No. 132 2nd series, §2, 1-23-1995)
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; ' Sec. 78-668.- Parking requirements.
Within the B-2 lakeshore business district,the off-street parking facilities shall be su�cient to eliminate
' any traffic or parking congestion likely to be caused by the business conducted.The parking areas need not be
' paved but shall be provided with appropriate stormwater runoff quality/quantity controls as may be required in
� ' this division.The minimum parking requirements shall be as follows: :
��� Six parking spaces shall be provided for each ten boat slips on water or on land.
�2) At least eight off-street parking spaces, plus one additional space for each 800 square feet of „
floor area over 1,000 feet, including warehousing, and all outside sales and storage areas related ',
' ` to the sales and service functions. '
' (3) If the proposed use is to include the launching of boats owned by the public for the day from
trailers(i.e., public boat launching,transient),ten additional autatrailer parking spaces shall be '
provided for each ramp.
' (4) If the proposed use is to include a charter boat port of call,one additional parking space for each '
three seats of gross charter capacity shall be provided,or a plan for off-site parking and shuttle
service shall be provided to the city subject to council approvaL ,
(5) The required parking spaces may not be separated by a public roadway from the dock, a storage '
space, mooring space,floor space or ramp they are designed to serve. ,
(6) Required off-street parking space may not be utilized for open storage of goods or for the storage i
. of boats; except that during the winter storage season each year,the required off-street parking
: may be used for winter storage of boats, provided that 20 percent of the required parking spaces
remain as a functional parking area. During the transition seasons(April 15 to May 31 and
' September 16 to November 15),adequate parking shall be maintained on the site, sufficient to
eliminate traffic or parking congestion; but in no case shall parking be reduced to less than 20
percent of the required spaces. '
' (7) Parking may not be allowed in any required yard or landscaping area. �
(8) Employee parking spaces shall be in addition to the parking spaces required in subsections(1)—
(7)of this section.The number of employee parking spaces shall be designated on an official
parking plan to be kept on file with the city.
(9) Where these minimum parking requirements prove to be inadequate for a given use,additional
parking may be required in order to continue that use.
(Code 1984, § 90.41(8);Ord. No. 132 2nd series, §2, 1-23-1995)
' ___ _ _
Sec. 78-669.-Yards. .
The minimum required yard areas for the B-2 district shall be landscaped and planted with evergreen
and deciduous shrubs and trees in accordance with a detailed landscape plan. Storage of boats,vehicles, ,
i equipment and materials shall not be allowed within any required yard.
j ' (Code 1984, § 10.41(9);Ord. No. 132 2nd series, §2, 1-23-1995)
„ __ Sec. 78-670.-Landscaping areas. . _ _ ._ ,
�; In addition to the landscaping required in the required yard areas for the B-2 district,the following ,
landscaping areas shall be landscaped in accordance with the following provisions
; '
' (q� The minimum landscaping areas shall be as follows
a, The lakeshore landscaping area shall be an area that is parallel to the entire lakeshore
adjacent to the licensed marina operation and equal to ten percent of the average lot
depth, but in no case shall it be less than ten feet nor more than 75 feet. Breaks in the
landscaping area for access to the lake shall not exceed an aggregate width of 30 feet for
each marina operation.
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b, Side yard landscaping area shall be an area that is parallel to the side lot line and not ,
within the lakeshore landscaping area or front yard landscaping area and shall not be less
than ten feet deep. ,
c. Front yard landscaping area shall be an area that is parallel to the street or opposite the
lakeshore landscaping area and shall not be less than ten feet deep. Breaks in the
landscaping area for access to the public road shall not exceed an aggregate width of 50
feet for each marina operation.
: (2) The detailed landscape plan for each landscaping area shall provide for a natural woods area
containing primarily evergreen and deciduous trees not less than six feet in height. Shrubs not
; less than finro feet in height shall be interdispersed among the trees so as to eventually provide,
; at maturity,a natural screen that will not be less than 50 percent opaque during the summer '
I ' months. No uses shall be allowed in the landscaping area except the required landscaping and
' access roads.A privacy fence may be required in addition to the natural landscaping which has
' been planted to meet the requirements of this district.The use of any fencing shall not satisfy the ',
' requirements of providing natural landscaping and solid visual screening.Any yard area requiring '
j landscaping to meet the requirements of this district shall be planted with nursery stock, balled
! and bagged trees and shrubs.All landscaping shall be maintained in a healthy growing condition.
(3) All the required improvements in the landscaping will be completed prior to the date of issuance
of an occupancy certificate or as otherwise provided by this division,whichever date occurs first.
(4) All landscape areas shall be sufficiently delineated by berming,curbing or other acceptable
, physical barrier so as to eliminate the encroachment of vehicle parking,winter and summer boat
� storage, and other materials or equipment storage into the required landscape areas.
;
(5) All ground cover in the required landscaping areas shall be natural living materials, such as grass
or other planted ground cover. Decorative rock beds and the like,whether or not lined with
plastic,fabric or other weed inhibitors,shall constitute no more than ten percent of the required
landscape areas.
(Code 1984. § 10.41(10);Ord. No. 932 2nd series, §2. 9-23-1995)
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Sec. 78-671.-Addlttonal performance standards.
; Within the B-2 lakeshore business district,any land use must meet the following perFormance '
standards
(�� Suitable sanitary facilities connected to public sanitary sewer shall be provided on the premises '
for men and women, and,further, suitable facilities shall be provided for the disposal of wastes
accumulated in boats docked or serviced at the marina, including head pumpout facilities and a
' designated porta-potty dump station.
(2) Insofar as practicable, all means of access to the operation from any street shall be so located
' and designed as to avoid the routing of vehicles from the property over streets that primarily
serve abutting residential areas.All access roads from the operation to any public paved
' roadway shall be paved for a distance of at least 30 feet adjacent to the public roadway to
minimize dust and noise conditions.All access roads from the operation to any unpaved public
roadway shall be treated to minimize dust conditions at least to the extent the unpaved public
roadway is dust controlled.
(3) All lighting on the premises shall be shielded so that no direct glare can be seen from adjoining
residences,from the lake or from the roadway.
(4) The hours for running engines or operating any boat engine for the purpose of charging batteries, ',
running auxiliary equipment or testing shall be between the hours of 8:00 a.m. and 6:00 p.m.
Noise shall be limited per the provisions of this chapter.
(5) The maximum hours of operation for retail sales and service functions shall be 7:00 a.m.to 10:00
' p.m., except as necessary to support normal (nontournament)fishing activity or private
' (noncharter)use of the boats stored on the premises, unless other permission is specifically
granted by the counciL
(6) Persons in charge shall at all times keep the docks,sea walls and premises in a neat and orderly
' manner and free from trash, rubbish, repair parts, machinery, equipment and debris of all kinds. '
(7) Persons in charge shall prohibit the dumping or throwing of garbage, paper, bottles,cans, refuse
or debris into waterway. Persons in charge of mooring areas shall provide garbage cans of
sufficient size to hold garbage or refuse to be collected. Dumpsters shall be screened so as to
' not be visible off-site.
(8) No commercial docks or boat buoys shall extend further into the waters of any lake than is
'� reasonably necessary to accommodate the docking and mooring of such craft as shall
� ' customarily and lawfully be used on the lake or so as to interfere with,obstruct,tend to obstruct,
or render dangerous for use or passage a body of water within the primary harbor limits of the
; city.The length of docks and the location of buoys shall be regulated by this Code.All such
; commercial docks and wharves shall be constructed and maintained of such materials and of
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, such type of construction as will not render them unsafe or likely to endanger public enjoyment of
i ' the waters.The use of nonencased expanded-bead polystyrene foam as a dock flotation material
� has been prohibited in section 90-1. Commercial docks shall be maintained in a neat and orderly
� ' manner at all times. '
(9) If on-land boat storage facilities are provided,the boats shall be stored in such manner that they
do not create a fire hazard.Any outside structures for the purpose of storage of boats may not
exceed 15 feet in height.On-land boat storage areas may not be located in the required yards or
� landscaping areas.The premises shall at all times be maintained in a neat and orderly manner.
' (10) Any gasoline offered for sale or stored on the premises shall be placed in tanks or containers as
' ' may be required by the council,and as required in chapter 46,article II. Such tanks or containers
shall be stored in such a manner and location so as not to create a danger to the community.
(11) On-land boat density shall be as follows:
a. Summer boat density.The number of boats stored on the premises for any and all
� reasons shall not exceed that number which can be safely stored in allowable locations
� while maintaining appropriate ingress,egress and emergency access to the site, as well
as maintaining the required number of acceptable parking spaces. Boats shall not be
; stored in required auto parking spaces during the summer months(June 1 through '
' September 15). ,
b. �nter boat density/storage. The number of boats stored on the premises for any and all
reasons during the winter season(November 16 through April 14)shall not exceed that
! number which can be safely stored in allowable locations while maintaining ingress,
; egress and emergency access to the site,as well as maintaining the required number of :
' winter parking spaces.
c. A site plan designating the location of summer and winter boat storage shall be submitted
� for council approval no later than three months after January 23, 1995,and shall require ',
council approval for any future revisions.
, (Code 1984, § 10.41(11);Ord. No. 132 2nd series, §2, 1-23-1995)
_ _ _ _. __ . __ _ _._ _ __ _ _ , _ .,. _.
Sec. 78-672.-Area, height, lot width and yard requirements. '
�a� Height. No sfructure or building in any B-1 district shall exceed 2'/2 stories and shall not exceed 30 feet
in height.
" (b) Minimum requirements.The following minimum requirements shall be observed:
, (1) Lot area,two acres.
' (2) Lot width parallel to lake,200 feet. '
, (3) Lot width perpendicular to lakeshore, 200 feet. '
(4) Lakeshore yard, 75 feet.
(5) Side yard,ten feet. '
(6) Front yard along street, 30 feet.
, , (Code 1984, § 10.41(92);Ord. No. 132 2nd series, §2, 9-23-1995;Ord. No. 18 3rd series, §3. 9-27-2004) '
..�.__. ----._... .. .. _ _
' Sec. 78-673.-Setback, hard cover and tree removal regulations.
All property in the B-2 lakeshore business district is subject to the requirements of article IX of this
chapter. In addition,the following standards shall apply:
��� Lakeshore setback regulations.The building setback from the shoreline shall be 75 feet.
i �Z� Setback to residential. No operation or activities except for storage and parking may be
conducted closer than 50 feet to the boundary of an adjoining property line which property is
used for residential purposes. '
(3) Setback along streets. No operation or activities except for storage and parking may be
conducted closer than 50 feet to the right-of-way of any existing street, road or highway. '
; ; (4) Lakeshore hard cover regulations. Within 75 feet of the shoreline there shall be no excavating,
i filling, hard cover,temporary or permanent structures.Within 75 to 250 feet of the shoreline,
, there shall be no greater than 25 percent hard cover.Within 250 to 500 feet of the shoreline,
there shall be no greater than 30 percent hard cover.Within 500 to 1,000 feet of the shoreline,
there shall be no greater than 35 percent hard cover. '
(5) Tree removal regulations. No trees within 75 feet of the shoreline with a diameter of six inches or
more shall be removed without first obtaining a permit from the council.Tree removal and other
' vegetation management shall be in accordance with the ordinance.
�i
(Code 1984, § 10.41(13):Ord.No. 132 2nd series. §2, 1-23-1995)
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' Sec. 78-674.-Drainage. '
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No land shall be developed and no use shall be permitted that results in water runoff causing floods,
erosion or deposits on adjacent properties. Site and drainage plans shall be submitted by the applicant any
i ` time a new use is applied for,whether through subdivision,variance,conditional use permit or building permit.
� Such plans shall be provided in such detail as required by the council, and those plans shall be reviewed by
! '" the city engineer before submission to the planning commission and the council for approval.Such stormwater '
runoff may be required to be properly channeled into a natural watercourse,ponding area, storm drain or other
� public facilities.Construction of facilities to manage the quantity and quality of stormwater runoff may be '
! required.Any change in grade affecting water runoff,whether onto adjacent property or otherwise, must be in
� ' compliance with the surface water management plan and articles VIII and IX of this chapter, and shall be
consistent with other applicable regulations or provisions of this Code, and is further subject to the approval of
other agencies having jurisdiction over the area affected by the drainage. �
(Code 1984, § 90.41(14):Ord. No. 132 2nd series, §2, 1-23-1995)
i _._.._ _ _ _ _
; _ _ ___ _ _
!' Sec. 78-675.-Nonconforming use.
; ' Notwithstanding any other provision of this division, any nonconforming use of land not involving a
structure and any nonconforming use involving a structure with an assessor's fair market value on January 1,
, 1975, of$3,000.00 shall be allowed to continue as a nonconforming use subject to the provisions as set forth
in article II,division 2, of this chapter.
; (Code 1984,§ 10.41(15); Ord. No. 132 2nd series, §2. 1-23-1995)
_ Sec. 78-676.-Variances. _ _
;
�
� �a� Variances may be granted to the provisions of this division in accordance with the provisions set forth in
� article II,division 3, subdivision II, of this chapter.
� (b) The council may grant a variance allowing a four-year installation and planting period to meet the
! ' requirements of the landscaping and planting provisions of this division to any applicant who:
(1) Submits a detailed landscape plan showing sufficient planting and landscaping in each ofthe
four years in order to provide at the end of the four years a natural screen that will not be less
than 50 percent opaque during the summer months and not less than 25 percent opaque in
winter.
(2) Submits a four-year planting and landscaping plan which shall provide that in each year of the '
plan at least 25 percent of the necessary landscaping and planting (as determined by the council
as of May 1, 1995) be planned and completed for each required landscaping area according to
i the other provisions of this division.The council may vary this requirement in order to allow a
higher percentage of the landscaping and planting in any required landscaping area and credit
the applicant for the landscaping and planting which othervvise would be required in other
, landscaping areas.
(Code 1984, § 10.41(16);Ord. No. 132 2nd series, §2(10.41(16), 10.41(17)), 1-23-1995)
_. _ .
Sec. 78-677.- Regulation of structures withln the lake; adoption by reference.
The city adopts by reference and makes a part of this chapter as if fully set forth in this division,chapter
II of the Lake Minnetonka Conservation District Code as codified on May 27, 1988, including sections 2.001
' through 2.12 and subsequent amendments.The city expressly reserves the right to deny any variance to the
provisions of chapter II as amended, even though the same variance was granted by the Lake Minnetonka
Conservation District.
(Ord. No. 132 2nd series. §2(10.41(18)). 1-23-1995)
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' Sec. 78-678.- Reference to other ordinances.
This division is expressly conditioned upon the effectiveness of the ordinances of the Lake Minnetonka
Conservation District pertaining to marina regulations;and if all or a portion of such ordinances are declared
invalid by a court of competent jurisdiction, no marina shall have a longer dock, more boat slips or more boat
� , buoys than what was permitted by the terms of that ordinance on the date it was declared invalid, or than was
last approved by the Lake Minnetonka Conservation District,whichever is less.The city expressly reserves the
' power to be more restrictive in its regulation than the Lake Minnetonka Conservation District Ordinances if the
public health,safety and welfare of the citizens of the city so requires.
(Ord. No. 132 2nd series, §2(10.41(19)), 9-23-1995)
; . __ ___ _ _ _ _ .
Secs. 78-679-78-700.
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- Reserved.
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FOOTNOTE(S):
�70�Cross reference—Businesses, ch. 26. Back
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; Orono, Minnesota, Code of Ordinances» Title VI - LAND USE » Chapter 94-WATERWAYS »
ARTICLE III. -MARINAS » DIVISION 7. -GENERALLY»
�
,
DIVISION 1. -GENERALLY
Sec. 94-71.-Definitions. '
Sec.94-72.-Zoninq standards. ,
� Sec. 94-73.-Desianation of nrimarv o�erator.
Sec. 94-74.-Oneration standards.
Secs.94-75-94-95.-Reserved. '
, _ __. _ _ _ _ _
Sec. 94-71.-Definitions.
, The following words,terms and phrases,when used in this article, shall have the meanings ascribed to
them in this section, except where the context clearly indicates a different meaning:
Boat slip, water, boat slip, land, boat slip,permanent, and boat slip, transient, shall have the meanings
given them in section 94-36.
Business of docking, mooring or sforing boats means renting or otherwise providing space, including '
' boat buoys,for docking, mooring or storing one or more boats belonging to persons other than the owner or
' occupant of the property,except when licensed as a joint use.
; Business use means engaging in either a marina business or the business of docking, mooring or
storing boats.
Marina business means engaging in one or more of the permitted, accessory or conditional uses
allowed within the B-2 zoning district.
. (Ord. No. 117 2nd series, §2(5.43(1)); 6-28-1993)
Cross reference—Definitions generally,§1-2.
_.__ _ . _
Sec. 94-72.-Zoning standards.
, Businesses required to be licensed under this article shall be subject to the requirements and
performance standards of the B-2 zoning district. '
(Ord. No. 117 2nd series, §2(5.43(5)), 6-28-1993)
� Cross reference—Zoning,ch.78.
_ _ __ _
_ _ _
Sec. 94-73.-Designation of primary operator.
The primary business operator on the property shall be the licenseholder and shall be responsible for
notifying the city of any and all businesses subleased on the premises. Such secondary businesses shall not
be separately licensed but shall be allowed only when in conformance with the provisions of the B-2 zoning
� district standards.
' (Ord. No. 117 2nd series. §2(5.43(5)(8)), 6-28-1993) �
_ _ _ __ . _ _
Sec. 94-74.-Operation standards.
Each business licensee shall adhere to the following minimum operation standards
: ��� Parking facilities on the site shall be managed so as to eliminate traffic or parking congestion,
eliminate illegal on-street parking, and avoid pedestrian traffic through neighboring property.
' (2) Boat engine testing and charging shall be limited to the hours 8:00 a.m.to 6:00 p.m.
(3)
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� 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 fishing activity or private use of premises-stored boats.
(4) The site shall be kept neat and orderly,and free of garbage.
(5) On-land storage of boats shall be managed so as to eliminate any view obstructions for traffic
entering and leaving the site.
, (6) Parking and on-land storage of boats,trailers,materials and equipment shall be limited to those
locations shown on an approved site operation plan,which plan shall be submitted or updated as
part of the annual license application.Such site operation plan shall also indicate seasonally
variable uses.
; (7) Lights shall be shielded from the road,the lake and adjacent properties.
; (Ord. No: 117 2nd series,§2(5.43(5)(C)), 6-28-?993)
_ _ _ _ . _ _
' Secs. 94-75-94-95.-Reserved.
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' Orono, Minnesota, Code of Ordinances » Title VI - LAND USE » Chapter 94-WATERWAYS »
' ARTICLE III.-MARINAS » DIVISION 2. -LICENSE »
�
� DIVISION 2.-LICENSE �
Sec. 94-96.-Reauired.
Sec. 94-97.-Anplication.
Sec. 94-98.-Hearina.
, Sec. 94-99.-Insurance reauired.
' Sec. 94-100.-Business use licenses limited to B-2 zone.
' Sec. 94-101.-Revocation. '
Secs.94-102-94135.-Rese►ved.
_
Sec. 94-96.-Required. '
I, It is unlawful for any persons to engage or participate in a business use without first having obtained an
annual license from the city.
(Ord. No. 117 2nd series. §2(5.43(2)), 6-28-1993)
_ _ _ _
_ _
_ _ __ _ _ . _ .
� Sec. 94-97.-Application.
� Any person or group of persons making license application for a business use shall do so on forms '
; provided by the city and shall provide such information as may be deemed necessary by the council in order to
act on such application.The fee for license application shall be set by resolution. :
(Ord. No. 117 2nd series, §2(5.43(3)), 6-28-9993)
_ Sec. 94-98.-Hearing.
' Upon filing of any application for a business use license,the council may call a hearing upon such
notice as it may deem appropriate. No such hearing shall be mandatory but wholly within the discretion of the
council, except that a hearing shall be held at the request of the applicant in cases of license revocation or
denial.
(Ord. No. 117 2nd series, §2(5.43(4)), 6-28-1993)
_ _ _ '
Sec. 94-99.-Insurance required. _ _ _
Each business shall provide certification of liability insurance coverage for the duration of the license
' period.
(Ord. No. 117 2nd series. §2(5.43(5)(A)), 6-28-1993)
__ _ . ___. .
Sec. 94-100.- Business use licenses limited to B-2 zone.
No business use shall be licensed in any zoning district other than B-2;except that when a business
use is allowed by ordinance in another zoning district,such use conducted in that district shall not be required
to obtain a license. '
(Ord. No. 197 2nd series; §2(5.43(6)), 6-28-1993)
_ Sec. 94-101.-Revocation.
' Failure to adhere to this article shall be cause for license suspension or revocation. '
' (Ord. No. 117 2nd series, §2(5.43(7)), 6-28-1993)
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___ ___ ____ ___ _ _.
__ _ _ _ __ _
� Secs. 94-102-94-135.-Reserved.
_ _ _ _ _ _ _ :
FOOTNOTE(S):
�93�Cross reference—Business licenses, §26-31 et seq. Back
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�- -���- -O
.� ♦
No. 03/04/OS-111
CITY OF ORONO COMMERCIAL MARINA LICENSE
� Name of Business: Sailors World License Year: 2003-2004-2005 �
� Principal Owner: Gary DeSantis Date Issued: April 1 l, 2005 �
Site Address: 1955 Shoreline Drive Date Expires: 12-31-OS
Wayzata, MN 55391 (issued for license period 1-1-03 thru 12-31-OS)
As a condition of receiving this license,the licensee shall furnish the City with a satisfactory surety bond,and liability and property damage insurance,
when required by the City Code,and sliall have complied with all the requirements of the City of Orono,pertaining to the particular type of activity or
business licensed. This license is non-transferable.
TYPE OF LICENSE
Commercial Marina License (2003 annual renewal) $ 200.00
Commercial Marina License (2005 annual renewal) 200.00
Total Amount Paid to City...............................................$ 400.00
► %Q\ �
�
� � � � CITY of ORONO �
, ,o - O�
i ► I� P.O. Bos 66 Signatuxe of City Official
��'�. titi!% Crystal Bay,MN 55323
���tR 4��'� Phone: 952 249-4600
�\�Ho/ � )
Michael P. Gaffron,Planning Director
/ ♦
� � -�.�.� ��
Sailors World Exhibit A- License No. 03/04/OS -111
CONDITIONS OF LICENSE APPROVAL. This license authorizes the licensee to operate a marina
business in the City of Orono per the following conditions:
I. Operation Standards. Each business licensee shall adhere to the following minimum operation
standards:
1. Parking facilities on the site shall be managed so as to eliminate traffic or parking
congestion, eliminate illegal on-street parking, and avoid pedestrian traffic through
neighboring property.
2. Boat engine testing and charging 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 fishing activity or private use of premises stored
boats.
4. The site shall be kept neat and orderly, and free of garbage.
5. On-land storage of boats shall be managed so as to eliminate any view obstructions for
traffic entering and leaving the site.
6. Parking and on-land storage of boats, trailers, materials and equipment sha11 be Iimited
to those locations shown on an approved site operation plan,which plan shall be
submitted or updated as part of the annual license application. Such site operation plan
shall also indicate seasonally variable uses.
7. Lights shall be shielded from the road, the lake, and adjacent properties.
Failure to adhere to these standards shall be cause for license suspension or revocation per the
provisions of the City code.
II. Fuel Sales. This marina is authorized for fuel sales, subject to pertinent ordinances.
,--,-----r..
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�i � � `'I` CITY of 4RON0
, , r
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�� ��� �w � � Municipal Offices
� � ;
,;;' '� -, � ` G'�".
,t " � �� ` `;� Street Add�ess: Mailing Address:
'��`��'�HQ�'.,�%� 2750 Kelley Parkway P.O. Box 66
------=---�' Orono, MN 55356 Crystal Bay, MN 55323•0066
May 19, 2005
Gary DeSantis
Sailors World, Inc.
P.O. Box 176
Crystal Bay, MN 55323
Dear Mr.DeSantis:
Enclosed is your 2005 Orono Commercial Marina License. The license is issued to retroactively include
license years 2003 and 2004, during which time period no marina licenses were processed.
Each licensed marina is required to adhere to the seven Operation Standards as noted in Exhibit A.
As in the past,please pay close attention to the following items in order to remain in compliance:
- Continue to manage parking facilities to avoid traffic congestion and parking
problems
- Keep the storage of boats,materials and equipment off of the designated landscape
areas (this includes boats for sale or rent on the boulevard).
- Keep the site neat and orderly.
If you have any questions,please feel free to call me at (952) 249-4600.
Sincerely,
J!,,�/a1• / ,�
.:j�,.�f/L. �41..f
Michael P. Gaffron
Planning Director
encl.
'Y'elephone(952)249-4600 • Fax(952)249-461b
www.ci.orono.mn.us
License Year 2005
��� CITY OF ORONO
� � p,0. Box 66
�' �. C stal Ba MN 55323 City Use Onty
� , � rY Y� Date application sent to Marina 2-2-OS 0
G Phone 952-249-4600 Date application retumed to City ` -�
�p�� Fee Enclosed $ s�d�•c�a ���
MAR 0 4 2pp5
ANNiJAL COMMERCIAL MARINA LICENSE APPLICATION - Pursuant to�io�i oRONO
Municipal Code Section 94-96: Licensed Required. It is unlawful for any persons to engage
or participate in business use without first having obtained a license therefor from the City.
PLEASE COMPLETE ALL ITEMS AND SUBMIT SIGNED APPLICATION, REQUIRED ATTACHMENTS,
AND LICENSE APPLICATION FEE TO THE CITY CLERX BY MARCH 1. 2005.
I. BUSINESS INFORMATION �Q ���� J,� I
1. BUSINESS OR TRADE NAME G�El�(�fS
��.
Street Address �� � � �'Ci /t-� _ ,/�� . ��3 � � ��Z�
Mailing Address 0 _ j ��(, G S ti1 , 3 L3
Marina Phone "/i�Z �`'�7�-3 yy3 Office Phone
2. O WNER SHIP/OPER A TION
Pro e e if different than above �- �
P �Y � )
Address�� ""v`.""'rt� � �C '�r/ � �s�hone % �" /���:1�� C�
3. BZISINESS ORGANIZATION: (Check applicable item}
individual ownership partnership corporation
List the name o ch partner or corporate office and their title:
�h�v�� �
�� � �
ame of the marina ger responsible for daily operation:
d�� �:S
List the min' um number of employees on duty when the marina is open to the public during
the boating season: �i-
� dock attendants �1`rl L"2%�lrepair or service personnel
� others available for sales/public information, etc.
List every short or long term business occupant of the property other than the Business noted
above: ���
Paaa 1 nf 5
. �t , '
4. PRINCIPAL BUSINESS ACTIVTfY (Check all services offered):
Princi U Accesso ses
' -water slip rental head pumpout
sales of boats/motors/trailers/ fishing tournament site
marine accessories sale of pre-packaged food
repair and servicing dive shop
on-1 'b �storage clubhouse (for slip or
winter _ summer � � boat club customers)
marine fuel sales �/ ons/teaching
sale of bait and fishing tackle boat rental
sailboard sales/rental
Conditional U Conditional Use iceboat sales/rental
Permi 's e uired ice fishing tackle sales
oat club cross-country ski sale/rental
public boat launching, on-demand
public boat launching, transient '
charter boat port-of-call
caretaker elling unit
5. BtISIN S SCHEDULE (Check appropriate items):
Open all yeaT List proposed hours of operat' n:
open during boating season only dock access: �AM to � PM
retail sales & service: AM to � PM
6. MARINA SECURITY is rovided b : �� ���
P Y
Caretaker living on site? /1/d
II. SLIPS AND BOAT ITNITS List the maximum number of boats in each category, Each slip,
mooring or other space actually used for storage or keeping of boats or watercraft must be indicated
and numbered on the dock and site plan submitted with this application.
Company Rental Rental Slips/ Other Total
Owned Boats Spaces Boats
7. BOATS STORED IN THE WATER
(for lake use) � �G�
a. At dock slips � � �
Total Boats in Water /
1
8. BOATS STORED ON LAND FOR LAKE USE
a. Inside Buildings
b. Outside on Racks
c. Outside - other means
Total Boats Stored on Land
for Lake Use
9. TOTAL BOATS FOR LAKE USE
(Add 7 and 8) ��
Page2of5
.. • �r•
10. OTHER BOATS ON PREMISES (SUMMER) Inside Buildin� Outside BuildinQ
a. Transient boats (repair/service)
b. New boats for sale (inventory)
c. Used boats for sale (inventory) � —S
d. Other (list: )
Total
11. OTHER BOATS ON PREMISES (WINTER) Inside Buildin� Outside Buildin�
a. Transient boats (repair/service)
b. Contract storage (customer's boats) �
c. Inventory (new & used boats)
d. Other (list: ) �/
Total
III. OFF-STREET PARKING REOLTIREMENTS
12. SUMMER PARKING
a. Retail sales/service customers
8 spaces minimum (+1 per each 800 s.f. over 1,000 s.£) _ � spaces
b. Boating customers (�'
6 spaces per 10 boats for lake use [.6 x _ (line 9)] _ .�( spaces
c. Launching ramp customers (day use) „�-
10 spaces minimum per ramp = spaces
d. Charter boat port-of-call
1 space per each 3 seats of gross charter boat capacity �
[gross charter capacity x 0.33] = spaces
e. Total spaces required (add a, b, c, & d) spaces
Total spaces available per attached parking plan �spaces
13. WINTER PARKING REQUIRED ('�
a. 0.20 x (line 12e) X spaces
V
IV. DOCK CONSTRUCTION
14. C E K ALL THAT APPLY.•
Permanent Seasonal �De-icing normally used
Pi ings: � Wood � Concrete Metal Other
Decking: �� Wood � Metal Other
Flotation Methbd (if used): Foam Barrels Other
Page 3 of 5
LICENSE STANDARDS ADVISORY
Businesses required to be licensed under Section 94-96 shall be subject to the
requirements and performance standards of the B-2 Zoning District and per the
following business use license standards:
A. Insurance Required. Each business shall provide certification of liability
insurance coverage for the duration of the license period.
B. Licenseholder. The primary business operator on the property shall be the
Iicenseholder, and shall be responsible for notifying the City of any and all
businesses subleased on the premises. Such secondary businesses shall not be
separately licensed but shall be allowed only when in conformance with the
provisions of the B-2 zoning distzict standards.
C. Operation Standaxds. Each business licensee shall adhere to the following
minimum operation standards:
1) Parking facilities on the site shall be managed so as to eliminate traffic
or parking congestion, eliminate illegal on-street parking, and avoid
pedestrian traffic through neighboring property.
2) Boat engine testing and charging shall be limited to the hours 8:00 a.m.
to 6:00 p.m.
3) Retail sales and service shall be Iimited to the hours 7:00 a.m. to 10:00
p.m. except as necessary to accommodate normal fishing activity or
private use of premises stored boats.
4) The site shall be kept neat and orderly, and free of garbage.
5) On land storage of boats shall be managed so as to eliminate any view
obstructions for tra�c entering and leaving the site.
6) Pazking and on-land storage of boats, trailers, materials and equipment
shall be limited to those locations shown on an approved site operation
plan, which plan shall be submitted or updated as part of the annual
license application. Such site operation plan shall also indicate
seasonally variable uses.
7) Lights shall be shielded from the road,the lake,and adjacent properties.
Business Use Licenses Limited to B-2 Zone. No business use shall be licensed in any
zoning district other than B-2, except that when a business use is allowed by ordinance
in another zoning district, such use conducted in said district shall not be required to
obtain a license. .
License Revocation. Failure to adhere to the above business use license standazds shall
be cause for license suspension or revocation per the provisions of this chapter.
Page4of5
ATTACHMENTS
The following must accompany this application:
1. CERTIFICATE OF SURVEY/SITE PLAN/PARKING PLAN indicating the boundaries of the
marina property and the authorized dock use area, the location of all structures, storage areas,
docks, slips,buoys, launching ramps, gas puxnps and tanks,parking areas,access areas, fencing
and landscaping features. The drawing shall be updated each year to show all exisiing facilities,
all changes from the previous season, and any changes proposed for the duration of the current
application. The drawing shall also indicate the locations of winter storage and required winter
parking spaces.
2. CERT'IFICATE OF LIABILITY INSURANCE COVERAGE for the duration of the license
period.
3. Copy of your LMCD LICENSE APPLICATION.
4. COMMERCIAL MARINA LICENSE APPLICATION FEE according to the current City fee
schedule.
Initial Application @ $300.00 $
Renewal Application @ $200.00 � �
� �
d
Late Fee (if not postmarked by March 1) $100. $ � _
��
TOTAL DUE THIS APPLICATION $ d'�
REVIEW PROCEDURE
When a complete application is received, the City Council will review the license application and will
thereafter pass upon the application per the Iicensing procedures of Chapter 94.
1
Pursuant to Section 94-97 f e rono ic}pa Code, the undersigned applicant hereby reque"sts the
Orono City Council to r 'e is Ma " Li,ce e 1pplic tion, and agrees and authorizes the City of
Orono and the City's es' ted em ye s r gen to enter upon the marina properiy at any
reasonable time to pe safety co o i c� inspec ' .
; ��� � �
Authorized S e Date
Title %
Relationship t wner
Page 5 of 5
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City of Or o�
G.a. Box 66
Crystal�Ba�y, M�I �323
(9�l249-4600
43/04/05 l6:1U:10
Custaer; p�iRIl�! LIC. - 5AL.IOR5 WDR
. LICEP�E - OTt�R �.
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T�.IBTOTAL �.pp
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Check Rereived ���
200.OU
CF�1N6E 6.�
CLEi�t# 03 T(t� 2J211
� ��
O O
� Q � CITY of ORONO
�� G'�' RESOLUTION OF THE CtTY COUNCIL
t�kESH04'� NO. 3 � � �
A RESOLUTION GRA�'�ITING
A COti'DITIONAL USE PERMIT
PER MUIVICIPAL ZONII�TG CODE
SECTION 10.41, SUBDIVISION 7 (A)
FILE NO. 20U�
VVI�REAS, Gar;� DeSantis of Sailors World Marina and Yacht Club, Inc., a
Minnesota corporation (hereinafrer the "applicant") has an interest in the property located at
1955 Shoreline Drive within the City of Orono (hereinafter the "City") and legally described as
follows:
Exhibit A, attached (hereinafter the "property"); and
WHEREAS, the applicant has applied to the City for a conditional use permit
to perrnit a boat club use at 100 members per Municipal Zoning Code Section 10.41,
Subdivision 7 (A).
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
l. This application «�as reviewed as Zonin� File #2005.
2. The property is located in the B-2 Lal:eshore Business District. The property
consists of 31.?17 s.f.
3. On June 19, 199� the Orono PlanninQ Commission reviewed the application as
proposed and recommended approval based on the followina findings:
a. There are 41 parkin� stalls on site. In the past year, applicant has had to
pro��ide 8 stalls for a boat sales use. The only retail operation at the
faciiit}� is a ship's store.that serves slip rental customers and boat club
members.
Paae 1 of 4
."�,• � ,
� O�
O O
: CITY of URONO
� �„
�t� G'�' RESOLUTION OF THE CITY COUNCIL
���ESH�4'� N0. � � � 2
at an approved facility within the City of Orono that provides the 25 off site
parking stalls for the exclusive use of the marina on weekends from May through
September.
2. Violation of or non-compliance with any of the terms and conditions of this
resolution shall constitute a violation of the Zoning Code, shall automatically
terminate any authority granted herein, and shall be punishable as a misdemeanor.
3. The undersigned applicant has read, understood and hereby agrees to the terms
of this resolution and on behalf of hunself, his heirs, successors and assigns,
hereby agrees to the recording of this resolution in the Chain of Title of the
property.
Adopted by the Orono City Council on this lOth day of July, 199�. '
A TEST:
�
. !i �
Da �hy M. in , ity�Clerk Edward J. Callah -, Jr., Mayor
i
;� i
,
ope y wner s)
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN }
The foreQoin� instrument was acknowled;ed before me on this lOth day of July,
199� by Edward J. Callahan, Jr. and Dor�thy M. Hallin, Mayor and City Clerk of the City of
Orono, a Minnesota municipal corporation and said instrument �vas executed on behalf of the
CiR�.
� I �
;�r.`�, LINDA S.VEE � G�1�dZ1e. i" ` U.�C.e/
�+e�' NOTARY PUBLIC-MINNESOTA N Ot3I'}' PllbI1C
'e4.�`�. HENNEPIN COUNTY
`�-•�`° 61y Commission Expires Jan.31,2000
Pane 3 of 4
. . ' _
. O
� �
O O
��b - CITY of ORONO
�� � .
�
�� �,'� RESOLUTION OF THE CITY COUNCIL
t�kESH�g'� NO. `� � � 2
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