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HomeMy WebLinkAboutOperation of marina/residential zone VIOLATION REPORT INSPECTOR: Lyle Oman, Building Official DEFENDANT: Benjamin Anthony Dvorak ADDRESS: 5505 Highland Dr. Edina, MN 55436 LOCATION OF VIOLATION: 1375 Vine Place, Orono Mn. 55364 VIOLATION: Orono Municipal Code Section 10.24 Subdivision 2, 3, and 4 DESCRIPTION: Operation of a marina in a residential zone. On 6-26-95 the city received a complaint regarding the number of boats at a residential dock at 1375 Vine place. On 7-6-95 Mr. Dvorak was notified by letter of the violation and in a short period of time the boats were removed. On 8-6-96 the city received another complaint regarding boats on the property and site inspections were conducted on 8-6-96 and 8-20-96. These inspections revealed 5 boats on the property. Only one is licensed to Mr. Dvorak. The City's objective is to fine Mr. Dvorak for Violation of Orono ordinances and prohibit him from illegal dock use in the future. HC 4567(7/95) STATE OF MINNESOTA COUNTY OF HENNEPIN DISTRICT COURT UNIFORM CITATION NO. 396048611 0 The issuing officer states that the person named below committed the offense described in violation of the section indicated. TYPE DEGREE SHADED AREA FOR 12 MO COURT . ©❑T© 1E1919 OFFICE USE ONLY ❑ ❑ DRIVER'S LICENSE NUMBER STATE NAME-LAST,FIRST.MIDDLEMAIDEN V0 (zAK k N � IN /� NT l-1 ON ADDRESS&CITY 5 5 v $ + I G 4•� L AN 6 90 A � STATE I ZIP CODE E b AA01 S 5 q 3 h DATE OF BIRTH EYES I HEIGHT WEIGHT SEX MO Y YEAR VIOLATION INFORMATION DATE OF OFFENSE TIME METER NUMBER oE52z C1 (0 11 200 VEHICLE LICENSE PLATE STATE YEAR MAKE MODEL COLOR LOCATION&CITY 1 3 -1 S V r NC L Ac ;c 020N0 iMN 553 to STATUTE OR ORDINANCE N0. DESCRIPTION 0 cZ o N a I C), 2 Sug z,3,Y z,3, 0 P cr 2 A T J N A I N (LC 5 COM CODE CT.DIV. JACTIVITY SPEC AGCY 8 Lt o 31 11 ❑ ENDANGER OR PROPERTY E ❑ACCIDENT ❑CONDITIONS UNSAFE ❑ VEHICLE COMMERCIAL ❑ MATERDOUS RIIAL BADGE NUMBER ORI NUMBER S8 1I M N 0 Z So p If you fail to respond to this citation within 7 days,increased penalties will be assessed and a warrant may be issued for your arrest.If a warrant is issued,a penalty of$30.00 will be added to the fine. COURT COPY DO NOT WRITE ON REVERSE J i- June 23, 1995 To the City of Orono: I am a resident of Orono, and pay my fair share of property taxes. I thought Orono had a law prohibiting a residential property owner from having a dock on the lake that would accommodate more than a boat or two. There is one house on the channel going to Forest Lake that appears to be operating a private marina - maybe the ow en rent the house out for use in conjunction with the slips. I think the address ' 1375 Vine Place. There are currently at least 3 boats using the docks there, with two more boats in the yard. It appears they just replaced the old wooden docks with steel docks and slips, adding even more space for boats than before. The previous owners appeared to be doing the same thing for a number of years, but on a smaller scale. (This house was sold late last year.) There are cars parking by the lift station that sometimes stay overnight - usually on weekends. These docks can be seen plainly from County Road 19 - I'm surprised it's allowed to go on. Also, have the new owners homesteaded this property? It sat vacant until this spring - during the winter an older couple would come by once a week or so to check on the house - lack of snow tracks often gave that away. Now there's way too much traffic for a single family dwelling. There's always new cars showing up, with many of them parking on the grass and going directly to a boat. It looks very peculiar. Please look into this situation - the laws should be fair for all residents, and abided by everyone, whether they are a resident or "just visiting". JUN 2 6 1996 z3b .`r� _. i CITY of ORONO Municipal Offices ti � •i .••�l,<,;-.,. ,� Street Address: Mailing Address: ` 9kE'SII�4� 2150 Kelley Parkway P.O. Box 66 Orono, MN 55356 Crystal Bay, MN 55323-0066 July 6, 1995 Mr. B. Anthony Dvorak 1375 Vine Place Mound, Minnesota 55364 Re: Illegal Boat Docking Dear Mr. Dvorak: In response to an anonymous complaint, the City recorded licenses of boats docked and stored on your property at 1375 Vine Place. Registrations of the five boats at your docks and the two boats on shore show seven different owners. .By definition such use constitutes the "business of docking, mooring or storing boats" which is not an allowed use in a residential zone. Therefore the City must require you to cease this use before July 24, 1995. If boats are on the property that are not registered to the property owner after that date, the City will issue citations and refer the matter to the City Attorney for further legal action. If you have any questions, feel free to contact me at my office. Sincerely, c7 g�� O Lyle Oman Building Official LO/ch cc: Jeanne A. Mabusth, Building & Zoning Adm. Bruce L. Vang, Field Inspector Telephone (612) 473-7357 • FAX 473-0510 / I Ai GGA jo 25��'--rte_ -��r�,-.� ��', _ � -✓,�� .� _ �,r- ,.�:� �.� �, ,�_� i I 1 1�-7 ORDINANCE # 1_, 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. BUSINESS AND 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, mooring or storing 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. ,� rr C. , bf ef ether-wise b , b beat , feff b ef b three eTb "Boat Slip. Permanent" means a boat slip on land or water used for the storing of a given boat on a long- term or yearlybasis. ren t t o 1 Business" a .idin .. ..exp D. v� r{ a nr� deekin bf b , business, bf b rented f beat fspaee fef keeping sale, beats ewned by t heensee and f f b b beads- "Boat Sli Transients means a b at slit) on land or water used for the tem ora stora e of many different boats for(shoitperiods of time. E " Deeksn meaw f pests, meer-kb buoys, or- beat slips used in eemmer-eial beat deek business 9F by ene in the busiaess alln elsrr nf n ster�as , fneer-ing pests, er- any bx beats as defined b thef- taefar-es related t,, the main geek "Joint Use" means more than two adjacent riparian landowners joining for the purpose of using lakeshore property_for swimming. bathing, fishing. docking or mooring boats or for any other purpose Joint use includes the following activities: 1. More than two adjacent riparian landowners sharing in the 1 r_ ' use of a single dock. _ 2. An association of riparian and/or non-riparian landowners within a subdivision adjacent to the lake sharing a dock or dock system providing permanent boat slips for the members. 3. In the RS zoning district only, a not-for-profit organization or association moviding transient boat slips for stakeholders or a property used for day use recreation or overnight camping purposes. n T r T T n e t . the Y Y f fishing, b b Use" the business'���Fing,isleeT� ��np�LTJIIIGS � engaging O b f b f . Subd. 2. License Required. It is unlawful for any person to engage or participate in business use ""joint use without first having obtained an annual license therefor from the City. Subd. 3. P,r c:blie HTearinQb Upen f'1 .. ; .. riz eff n1 .. t•� f� l: sa s tl.e b b License Application Anfperson or group of persons making application for a Joint use license 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 applications shall be set by ordinance. S1.& ... A Business Use Standards. All b s use a plieatio hill p.•r+ f t.eft h b Y ......1' e with the f..il.....:.... ..t ,.ln...is. safety,A. The pr-epesed nufnber ef beat-slips en the knd and en the watef on and beat bueys shall net adversely affeet the publie health and-welfare or b beats en ef-adjaeeat te the safne area. nrr health,shall be met whieh pr-efaete the publie Subd. 4. Public Hearing Upon filing of any application for 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 2 r± held at the request of the applicant im cases of license revocation or denial. Subd. 5. Joint Use Standards. Joint uses shall adhere to the following standards. A. Any association of riparian and/or non-riparian landowners within a subdivision adjacent to the lake which initiates a new Joint use shall adhere to LMCD reiy,ulations and no such use shall have more than one boat slip per 50 feet of shoreline as measured by a straight line between the points at which the side lot lines meet the OHWL. Further all such use shall adhere to the Shoreland Management Regulations of Section 10.56. B. Any joint use in the RS zoning district by a not-for-profit organization or association providing transient boat slips for stakeholders of a property used for day use recreation or overnight camping_purposes shall be allowed only in conjunction with a valid conditional use permit for said use issued by the Council. C. Parking facilities not allowed. No joint use shall be approved _which necessitates provision of narking stalls or which creates the need for parking on any street right-of-way. 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 Slip, Water" "Boat Sly Land" "Boat Slip Permanent" and "Boat Slip Transient" shall have the meanings given them in Section 5.42. The following terms have the meanings given them: A. "Business Use" means engaging in either a marina business or the business of docking mooring or storing boats. B. "Marina Business" means engaging in one or more of the permitted, accessory or conditional uses allowed within the B-2 zoning_district. C. "Business of Docking Mooring or Storing 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. Subd. 2. License Required It is unlawful for any persons to engage or participate in business use without first having obtained an annual license therefor from the City. Subd. 3. License Application Any person or Qroup of persons making license application for business use shall do so on forms provided by the City and shall provide 3 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 ordinance. Subd. 4. Public Hearing. Upon filing of any application for 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. Subd. 5. Business Use License Standards. Businesses required to be licensed under this section 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. 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. C. 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 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. 4 s� 7. Lights 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 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. Subd. 7. License Revocation. Failure to adhere to the business use license standards of Subd 5 (A through C) shall be cause for license suspension or revocation per 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 immediately 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. ST: • o ADrothyy M llin, City Clerk Edward J. Cafan,an, Jr., Mayor 'P.ubl shed, irr..the.-Laker and Pioneer newspaper the week of August 9, 1993 . 5 ORDINANCE NO. 132 , SECOND SERIES AN ORDINANCE A�NIENDING MUNICIPAL ZONING CODE SECTION 10.41, B-2 LAKESHORE BUSINESS DISTRICT THE CITY COUNCIL OF ORONO ORDAINS AS FOLLOWS: SECTION 1. Municipal Zoning Code Section 10.41, Subdivisions 1 through 16 are hereby deleted. SECTION 2. A new Section 10.41, Subdivisions 1 through 19 are hereby adopted to read as follows: SEC. 10.41. B-2 LAKESHORE BUSINESS DISTRICT. Subd. I. 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 Districts adversely affect the lake water quality and the real estate values of adjoining properties. The purpose of this Chapter is to provide regulation of these businesses in a manner that will insure 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. Subd. 2. Definitions. A. "Marina Business means engaging in one or more of the permitted, accessory or conditional uses allowed within the B-2 Lakeshore Business District. B. "Charter Boat" is a watercraft carrying passengers for hire on Lake Minnetonka and which is required to hold a Certificate of Registration from the LMCD. Subd. 3. License Required. Each marina business within the "B-2" Lakeshore Business District shall obtain an annual marina business license per the provisions of the Orono Municipal Code. Subd. 4. Application. All applications for a building permit within the "B-2'f Lakeshore Business District shall be reviewed by the Council and may be referred to the planning Commission and/or a specially appointed Lake Use Committee for review. 1 r Subd. 5. Permitted Uses. Within the the-2" Lakeshore ing u Business District, no land or structure shall be used except for one o A. Rental of in-water boat slips. B. Sales of boats, motors, trailers and marine accessories. C. Repair and servicing of boats. D. On-land storage of boats, winter and summer. E. Marine fuel sales. F. Bait and fishing tackle sales. Subd. 6. Accessory Uses. Within any "B-2" Lakeshore Business District, the following uses shall be permitted accessory uses: A. Signs. Signs as regulated in this chapter. B. Boat head pumpout/ sanitary boat waste dumping facility. C. Fishing tournaments, subject to the "large assembly" license re uirements of Section 5.25 and/or the special event permit requirements of Section 6.08. q D. Sale of pre-packaged foods or food from vending machines. Prepackaged food includes only food which has been professionally or�any food preparation othe than than on the premises and does not include "full-course warming by use of an infra-red or micro-wave oven. Sale of food from vending machines is allowed. E. Dive shops. F. Clubhouse (assembly/lounge/kitchenette area for use by slip rental or "boat club" customers only). G. Lessons/teaching (sailing schools, etc.). H. Rental of boats. I. Sailboard sales/rental. J. Ice boating sales/rental/service and operations base. 2 ^r_ K. Ice fishing tackle sales. L. Cross-country ski sales/rental/service. Subd. 7. 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 Section. All conditional use permit applications shall brL�Lakeshore inBusiness accordance with the ct, no provisions of Section 10.09 of this chapter. Within sne�"B-2"t b conditional use permit: structure or land shall be used for the following P Y A. Boat Clubs (time share). Applicant shall demonstrate that adequate parking is available on the site. B. Public boat launching, On-Demand(On-demand launching of customer- owned boats stored on the business site). Applicant shall demonstrate that adequate parking is available on the site. Approval shall be subject to L MCpermit hen parking ssinadequate.e, but City shall not be obligated to approve such use if approved y C. Public Boat Launching, Transient. (Launching of boats via a ramp or other means for or by customers when such boats available a re not storen the able on then ite. Hours)of operas on shall demonstrate that adequate car-trailer shall parkins is be at Council discretion. D. Charter boat port of call. A rter othe>°than the owner or operatoat port of call shall be r ed as a location where a charter boat may pick up passengers on the employees of the charter boat, whether or not the charter of call ed regardingproperty. The City may place appropriate conditions on a charter boat port minimum parking requirements, hours of operation, etc. as may be appropriate to protect public interest. Applicant shall demonstrate to Council that all such conditions are met. E. One caretaker dwelling unit, subject to conditions and limitations for such use that may be imposed by the City Council. Subd. 8. Parking Requirements. Within the "B-2" Lakeshore Business cDistrict the off-street parking facilities shall be sufficient to eliminate any traffic or parkinscongestion likely to be caused by the business conducted.- The parkins areas need not be paved, but shall be provided with appropriate stormwater runoff quality/quantity folio Sols as may be required in this chapter. The minimum parking requirements shall be A. Six parking spaces shall be provided for each ten boat slips on water or on land. 3 B. 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. C. 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 auto-trailer parking spaces shall be provided for each ramp. D. If the proposed use is to include a charter boat port of call, one additional parking space for each 3 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. E. 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. F. Required off-street parking space may not be utilized for open storage of goods or for the storage 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% 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% of the required spaces. G. Parking may not be allowed in any required yard or landscaping area. H. Employee parking spaces shall be in addition to the parking spaces required above. The number of employee parking spaces shall be designated on an official parking plan to be kept on file with the City. I. Where these minimum parking requirements prove to be inadequate for a given use, additional parking may be required in order to continue that use. Subd. 9. Yards. The minimum required yard areas for the district shall be landscaped and planted with evergreen and decidus shrubs end and materials accordanceees in hall not be detailed landscape plan. .Storage of boats, vehicles, q P allowed within any required yard. Subd. 10. Landscaping Areas. In addition to the landscaping required in the required yard areas for the district, the following landscaping areas shall be landscaped in accordance with the following provisions: A. The minimum landscaping areas shall be as follows: 4 l be an area that is parallel 1. The lakeshore landscapingle equal to 0% of the average to the entire lakeshore adjacent to the licensed marina operation and q lot depth, but in no case shall it be less than 10 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. 2. Side yard landscaping area shall be an area that is parallel to lakeshore landscaping area or front yard landscaping area and the side lot line and not within the shall not be less than 10 feet deep. 3. 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 10 feet deep. access to the public road shall not exceed an aggregate width Breaks in the landscaping area for of 50 feet for each marina operation. B. 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 two feet in height shall be interdispersed among the trees so as to eventually provide, at maturity, a natural scre a ithat he landscaping sae an except the the requpaque ired the summer months. No uses shall be allowed 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 ral visual natu fencing . Any yard area requiring landscaping t oshall not satisfy the requirements of providing t the requirements of this dising anitrict id shall screening be planted with nursery stock, balled and bagged trees and shrubs. All landscaping shall be maintained in a healthy growing condition. C. 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 Chapter, whichever date occurs first. D. All landscape areas shall be sufficiently delineated by berming, curbing, or other acceptable physical barrier so as eliminate aters als orhequ equipment store of vehicle into the parking, winter and summer boat storage, and other required landscape areas. E. All groundcover in the required landscaping areas shall be natural living materials, such as grass or other planted groundcover. Decorative hall constitute rock eds and the more liken whether or not lined with plastic, fabric or other weed inhibitors, 10% of the required landscape areas. Subd. 11. Additional Performance Standards. Within the d B-2" Lakeshore Business District any land use must meet the following performance 5 A. 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. B. 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 thirty 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. C. 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. D. 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 the Zoning Chapter. E. 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 (non-tournament) fishing activity or private (non-charter) use of the boats stored on the premises, unless other permission is specifically granted by the Council. F. 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. G. Persons in charge shall prohibit the dumping or throwing of garbage, paper, bottles, cans, refuse or debris into waterway. Persons in charge of mooring area shall size to hold garbage or refuse to be collected. Dumpsters provide garbage cans of sufficient shall be screened so as to not be visible off-site. H. 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 thelakea body of interfere terferer within the obstruct, or tend to obstruct, or render dangerous for passage primary harbor limits of the City. The length of docks and location of buoys shall be regulated nd wharves shall be constructed and maintained by the City Code. All such commercial docks a of such materials and of such type of cs�Th endanger public enjoyment of the water e use of non-encased expanded-bead polystyrene foam as a dock flotation material has been prohibited elsewhere in the municipal code. Commercial docks shall be maintained in a neat and orderly manner at all times. 6 I. 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 purpose of storage of boats may not exceed 15 feet in height. On-land boat storage areas may not be located areas. The premises shall at all times be maintained in a in the required yards or landscaping neat and orderly manner. J. Any gasoline offered for sale or stored on the premises shall be placed as required in in tanks or containers as may be required Code ers shall be stored inlsu such la manner and locationsolas not Section 9.34. Such tanks or contain to create a danger to the community. K. On-land boat density. 1. 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 allowabie 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 thru September 15). 2. Winter boat density/storage. The number of boats stored on the premises for any and all reasons during the winter season (November 16 thru April 14) shaall not exceed that number which can be safely stored in allowable locations while maintaining ino egress and emergency access to the site, as well as maintaining the required number of winter parking spaces. 3. A site plan designating the location of summer and winter boat storage shall be submitted for Council approval no later than three months after adoption of this section and shall require Council approval for any future revisions. Subd. 12. Area, Height, Lot Width and Yard Requirements. A. Height. No structure or building shall exceed 2-1/2 stories or thirty feet in height. B. The following minimum requirements shall be observed: 1. Lot Area - 2 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 - 10 feet. 6. Front Yard Along Street - 30 feet. 7 0 06 Subd. 13. Setback, Hardcover and Tree Removal Regulations. All property in the B-2 Lakeshore Business District is subject to the requirements of Municipal Zoning Code Section 10.56, Shoreland Management. In addition, the following standards shall apply: A. Lakeshore Setback Regulations. The building setback from the shoreline shall be 75 feet. B. 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. C. 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. D. Lakeshore Hardcover Regulations. Within 75 feet of the shoreline there shall be no excavating, filling, hardcover, temporary or permanent structures. Within 75 to 250 feet of the shoreline there shall be � than 30 greater%1 hardcover�dWithin SOOrthin 250 to to 11,0 0 feet of feet of the shoreline there shall ben greater the shoreline there shall be no greater than 35% hardcover. E. Tree Removal Regulations. No trees within 75 feet of the shoreline with the 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 provisions of Municipal Zoning Code Section 10.56. Subd. 14. Drainage. 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 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 Council for approval. Such storrnwater runoff may be required to be properly channeled into a natural water course, 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, Shoreland Management Regulations, Flood Plain Management Regulations, and shall be consistent with other applicable regulations or City Code provisions, and is further subject to the approval of other agencies having jurisdiction over the area affected by the drainage. 8 Subd. 15. Non-Conforming Use. Notwithstanding any other provision of this a use of land not involving a structure and any non-conforming use Chapter, any non-conforming 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 non-conforming use subject to the provisions as set forth in Section 10.03. Subd. 16. Variances. Variances may be granted to the provisions of this Chapter in accordance widi the provisions set forth in Section 10.08. Subd. 17. Variances For Required Landscaping Areas. The Council may grant a variance allowing a four year installation and planting period to meet the requirements of the landscaping and planting provisions hereof, to any applicant who: A. Submits a detailed landscape plan showing sufficient planting and landscaping in each of the four years in order to provide the summer months and noless than 25% screen that will not be less than 50051c opaque duan, opaque in winter. B. Submits four year planting and landscaping plan which shall provide that in each year of the plan, at least 2590 of the necessary planned andlancaping and planting (as completed for each required determined by the Council as of May 1, 1995) b g landscaping area according to the other provisions ge ofsthe landscaping and Chapter. The cpl ntingil may ain any requirement in order to allow a higher percen required landscaping area and credit the applicant for the landscaping and planting which otherwise would be required in other landscaping areas. Subd. 18. Regulation of Structures Within the Lake. Adoption by Reference. The City hereby adopts by reference and makes a part dified on Maythis e27 S 1988if 11includiny set ;sect ons the following: Chapter II of the LMCD Code as 2.001 through 2.12 and subsequent amendments• City evenexpressly though the same varianeto dwas eny any variance to the provisions of Chapter II as amended granted by the Lake Minnetonka Conservation District. Subd. 19. Reference to Other Ordinances. Section 10.41 is expressly conditioned upon the effectiveness of the Ordinances of the Lake s such Ordinances arennetonka Conservation declared invalid pertaining to marina regulations and if all or a portions or by a court of competent jurisdiction, no marina more boat buoys than what was permitted by the shtallnhs of that ordinance on e a longer dock, rthe date boatlit was declared invalid, or than was last approved by the Lake Minnetonka Conservation iDistrict,ion whichever is less. The City expressly reserves the power to be more restrictive in its regi than the Lake Minnetonka Conservation District Ordinances if the public health; safety and welfare of the citizens of Orono so requires. 9 r_ SECTION 3. Adoption and Publication. This ordinance shall take effect immediately upon publication. Adopted by the City Council of Orono, Minnesota on this 23rd day of January, 1995, by a vote of 4 ayes and 0 nays. Edward J. Call an, Jr., Mayor ATT T: orothy NI. a in, City Clerk 10