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Boat Club Issues 2010-2011
wtr°6, 6,46e- est GA) Core.2 14-mec -i< ! gat FC!-h1 6 /o/S 0 b _ 3 r-- 59, e N� 4-r-60A-=r /S Illcite A soumNc L su44 /tlo'r Com L cipee qAiIoT— ' - - CArier 4b /Gs iN / ' ' F."4s /14it&¢ = / v Mlft(A) 'irre4;l A TNA ' 6,124-14s6,--1#10-7724mx 6 • letivve (Z,yr - 0 wEb. 1,0 --2 (I!Ni L '- -dgiu x--�t..e)()zz // .) 414,- c—r • ,/1/, 1 A Y ° - 6rruco GJ/7i ti 7S aF.t am D C.a'J / 'j-- y 1 - coa,(44004-c.4(c- was E fl is C 77 Y'- - 'rt--4- Municode Page 1 of 1 Sec. 2-41. - Right to administrative appeal. Except as otherwise provided, if any person shall be aggrieved by any administrative decision of the city administrator or any other city official, or any board or commission not having within its structure an established review schedule or an appellate procedure, such aggrieved person is entitled to a full hearing before the council upon serving a written request upon the mayor and city clerk at least seven days prior to any regular council meeting. Such request shall contain a general statement setting forth the administrative decision to be challenged by the appellant. At such hearing,the appellant may present any evidence he deems pertinent to the appeal; but the city shall not be required to keep a verbatim record of the proceedings.The mayor, or other officer presiding at the hearing, may, in the interest of justice or to comply with time requirements and on the mayor's own motion or the motion of the appellant,the city clerk, or a member of the council, adjourn the hearing to a more convenient time or place; but such time or place shall be fixed and determined before adjournment so as to avoid the necessity for formal notice of reconvening.An employee of the city who is aggrieved by an action or decision of another city employee that relates to their employment shall exhaust the grievance procedures set forth in the administrative and personnel policy before requesting a hearing before the city council. (Code 1984, §2.07) http://library.municode.com/print.aspx?clientlD=13094&HTMRequest=http%3 a%2M2fl... 10/17/2011 Municode Page 1 of 1 Sec. 78-672. -Area, height, lot width and yard requirements. (a) Height. No structure or building in any B-2 district shall exceed 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(12);Ord. No. 132 2nd series, §2, 1-23-1995;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: (1) Lakeshore setback regulations. The building setback from the shoreline shall be 75 feet. (2) 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,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. (Code 1984, § 10.41(13); Ord. No. 132 2nd series, §2. 1-23-1995) http://library.municode.com/print.aspx?clientlD=13 094&HTMRequest=http%3 a%2f%2fl... 10/17/2011 City of 11 a Making life better. Together? •• October 5, 2011 RE: Fire Code Violation Your Boat Club Luke Kujawa 1444 Shoreline Drive Orono, MN 55391 Dear Luke Kujawa: It was brought to the attention of the Long Lake Fire Department that the boats at Your Boat Club, 1444 Shoreline Drive in Orono, are being fueled in a manner that is not acceptable. The way you are fueling the boats on the water with portable containers is in violation of the 2007 Minnesota State Fire Code Section 2210.4 (copy enclosed). You must stop fueling the boats in this manner or we will issue a citation and close the operation. If you have any questions or if you would like to discuss acceptable alternatives you can contact me at 952-473-9701 x 10 or email me at jvaneyll@longlakemn.gov. Sincerely, James Van Eyll Chief Long Lake Fire Department cc: Jessica Loftus, Orono City Administrator Corey Farniok, Orono Police Chief Lyle Oman, Orono Building Official M.G. Kaminski, Browns Bay LLC encl. vONG %Aire I ilk LONG LAKE FIRE DEPARTMENT 450 Virginia Avenue,PO Box 606/Long Lake,MN 55356/Phone(952)473-9701/Fax(952)473-1710/www.ci.long-lake.mn.us MANN [icy of 0 11 a , Making life better. 4Together.. '•• October 5, 2011 RE: Fire Code Violation Your Boat Club Luke Kujawa 1444 Shoreline Drive Orono, MN 55391 Dear Luke Kujawa: _ 1 J It was brought to the attention of the Long Lake Fire Department ate -hewthe boats Ed at Your Boat Club 1444 Shoreline Drive in Orono The way you are fueling the boats on the water with portable containers is in violation of the 2007 Mi ota State Fire Code Section 2210.4(You must stop fueling the boats in this manner or we will issue a citati• • and close the operation. of y If you have any questions'yyou can contact me at 952-473-9 01 x 10 or email me at ivaneyll@longlakemn.gov a tkii2)09 • vtA Sincerely, James Van Eyll Chief S ✓� Long Lake Fire Department l cc: Jessica Loftus, Orono City Administrator M,G. kA-to/a/4, 8,2,6,40_r g LLC Q _ 1 C FM&N1Ok/ oI``�Ckt �G( it Vewv4 IMIJO gadG I4d ( �f \,ONG `AXE I LONG LAKE FIRE DEPARTMENT 450 Virginia Avenue,PO Box 606/Long Lake,MN 55356/Phone(952)473-9701/Fax(952)473-1710/www.ci.long-lake.mn.us MINK Mike Gaffron From: James Van Eyll [jvaneyll@longlakemn.gov] Sent: Wednesday, October 05, 2011 4:36 PM To: Lyle Oman; Mike Gaffron Cc: Jessica Loftus Subject: Your Boat Club Letter Attachments: Letter for 1444 Shoreline Drive Your Boat Club.doc Hi Mike and Lyle, Here is the letter we discussed at the meeting this afternoon. I tried to make it short and to the point. Please let me know if you need me to add or remove anything. Once we agree upon the letter then I will print, sign and scan it. We will need to make contact with Luke Kujawa and find a way to send him the letter quickly. I can make this contact or you can. His phone number is 612-865-8879. If you can let me know who is going to be making the call. I am unavailable from 9:30 to 11:30 tomorrow morning to make this call. Thanks, James Van Eyll Chief, Long Lake Fire 450 Virginia Avenue PO Box 606 Long Lake,MN 55356 952-473-9701 x 10 office 952-367-6447 cell E THIS MESSAGE IS INTENDED ONLY FOR THE RECIPIENT TO WHOM IT IS ADDRESSED. IT MAY CONTAIN INFORMATION WHICH IS PRIVILEGED AND CONFIDENTIAL WITHIN THE MEANING OF APPLICABLE LAW. IF YOU ARE NOT THE INTENDED RECIPIENT,PLEASE CONTACT THE SENDER AS SOON AS POSSIBLE. ANY VIEWS OR OPINIONS PRESENTED ARE SOLELY THOSE OF THE AUTHOR AND DO NOT NECESSARILY REPRESENT THOSE OF THE CITY OF LONG LAKE OR ITS AFFILIATES. Please consider the environment before printing this email. 1 I elr, I, 1 • • • • • • t - f ., r ♦� { a`. # � , 'r, v t { . I If' t (I or I! '''' 4 .' , ,-.c',.-•.:,..r.; .:y,4, 7'ti4t1 1 . t rJ t ilit . . ° _ l''$. w�. 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(r . • 1‘ . 41 ... ' - • :V Date Application Received: 08/16/11 Date Application Considered as Complete: 08/20/11 60-Day Review Period Expires: 10/19/11 REQUEST FOR COUNCIL ACTION Date: 4 October 2011 Item No. Department Approval: Administrator Approval: Agenda Section: Name: Melanie Curtis Title: Planning & Zoning Coordinator Item Description: 11-3525, Steve &Sara Zawoyski, 724 Tonkawa Rd, Variances, Resolution Zoning District: LR-1B, One Family Lakeshore Residential, 1-acre, 140' Lot Area: 11,490 s.f. (0.26 acre) Lot Width: 50' @ OHWL/50' @ 75' setback List of Exhibits: Exhibit A. Draft Resolution Exhibit B. Revised Survey Exhibit C. Revised Hardcover Calcs Exhibit D. PC Memo & Exhibits 09/14/11 Exhibit E. PC Action Notice 09/20/11 Exhibit F. Draft PC Minutes 09/19/11 Application Summary: The applicants propose to construct a new home and detached garage on the subject property. The application consists of lot width and lot area variances, a hardcover variance within the 75' to 250' zone to allow 32.9% hardcover and a rear, street setback variance to allow a 15-foot setback for the proposed detached garage. A 30-foot setback is normally required in instances where the doors face away from the street. A lake access stair/walk is proposed to remain which accounts for 82 square feet within the 0 to 75' zone. Initially the applicants provided two options for the detached garage; one option which met the required 30 foot setback and another option reflecting the garage at 15 feet. The planning commission reviewed the site topography, the applicants' request and recommended approval of lot area, lot width and hardcover variances, and a garage setback variance to allow 15 foot setback due to the topographic challenges. The planning commission recommended leaving a portion of the existing driveway on the north side to function as a necessary turn around. The applicant has opted to leave this portion of the driveway resulting in a 30+foot wide curb cut. Planning Commission Recommendation On September 19, 2011, the Planning Commission voted 6 to 0 recommend approval of lot width, lot area, 75' to 250' zone hardcover variance and a rear, street setback of 15 feet for a new home and detached garage. The applicants were directed to revise the survey and the hardcover calculations to reflect the driveway turn around. Planning Staff Recommendation Staff recommends approval of the variances for lot width, lot area, rear, street setback of 15 feet, and the 75' to 250' zone hardcover variance to allow 32.9% hardcover. COUNCIL ACTION REQUESTED The Council should consider adopting or amending the draft approval resolution. 1 t . crip •.. ilk 1 ... ..,0 ' .. - `.,„..- 01010111 • till) (20 • ir..1 • t 111 . ‘111111 $0111.000••• 0 L1111 ii 0 MI1110111 \\ OD f>,.••• 4:',-',,.. 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' •, •,,, -1 / --.----. • . •. .. -. — ?irel: .,...,,. , ,.„. . .. ...mai . 1.4 ....„ . .., .:,....,,,........ .,, , ..,,...,_... .....,. ...„,........,„ _._ .-.. .. ., ........„..„........,. .....,,,, ..... .), _ v N. t All iO ZI , i c? ! 4 4- "S t $ - 4k N.' f I., 4 a 4?t $. 1 A • s:ti \- Vc\) il" tt i I I I r"Municode Page 1 of 2 Orono, Minnesota, Code of Ordinances >> Title V - PUBLIC PROTECTION >> Chapter 46 -FIRE PREVENTION AND PROTECTION >> ARTICLE II. - FIRE PREVENTION AND FIRE SAFETY STANDARDS » DIVISION 3. - FIRE LANES » DIVISION 3. - FIRE LANES u Sec.46-81.- Established. Sec.46-82.-Standards. Sec. 46-83. -Fire lane signs and marking. Sec.46-84. -Maintenance. Sec.46-85. -Obstructing. Sec. 46-81. - Established. (a) The council provides for the establishment of fire lanes for purposes of ensuring immediate unobstructed access for emergency vehicles and equipment. (b) Whether marked or unmarked,fire lanes are established at all public or private fire hydrants,which fire lanes shall extend ten feet on either side of the hydrant and 20 feet in front of the curb or pavement edge nearest the front of the hydrant. (c) Whether marked or unmarked,fire lanes are established at all building exits required by the fire code or the state building code,which fire lanes shall extend ten feet in all direction from the exits.Where larger fire lanes are required,they shall be established and marked as provided in subsection (d)of this section. (d) The chief of police is empowered to order the establishment, designation and maintenance of fire lanes on public or private property wherever and to whatever extent as he may determine is reasonably necessary to ensure open and unobstructed emergency access. In this determination,the police chief may confer with and accept the recommendations of the building official or the fire chief of the applicable fire service district. Fire lane orders shall be in writing and shall be served in person or by registered letter upon the property owner of record, or in the case of commercial properties, may be served upon the tenant occupying the property. (Code 1984. §9 34(7)) Sec. 46-82. -Standards. The actual size, location and extent of required fire lanes shall be determined by the police chief in consideration of the particular access need and configuration on individual properties.As a minimum, all marked and designated fire lanes shall be at least 20 feet in unobstructed width, shall have at least 13 feet six inches of vertical clearance, shall where necessary provide for a turning radius of at least 50 feet, and shall be constructed of all-weather surfacing capable of carrying a vehicle axle loading of five tons(10,000 pounds). (Code 1984, §9.34(8)) Sec. 46-83. - Fire lane signs and marking. (a) When a fire lane has been ordered to be established pursuant to this division, one or more permanent upright metal signs bearing the words"NO PARKING—FIRE LANE"or similar words, if approved by the police chief, shall be placed designating the restricted area. The number, size and location of required signs shall be determined by the police chief. (b) When the fire lane is located on public property or within a public right-of-way,the required signs shall be erected by the city or by the public agency having jurisdiction over the property. (c) When the fire lane is located on private property,the required signs shall be erected by the property owner at his own expense within 30 days of the date of the order establishing the fire lane. (Code 1984. §9 34(9)) Sec. 46-84. - Maintenance. http://library.municode.com/print.aspx?clientlD=13094&HTMRequest=http%3 a%2f%2fli... 10/5/2011 f ,kMunicode Page 2 of 2 All established fire lanes shall be permanently and continuously maintained by the property owner to be free from obstructions, including motor vehicles,trailers, equipment, storage, rubbish, vegetation or accumulations of dirt or snow. All required fire lane signs shall be permanently and continuously maintained by the property owner to be securely fastened, not visually obstructed in any way, and free from paint or vandalism. Missing or vandalized signs shall be promptly replaced. (Code 1984. §9 34(10)) Sec. 46-85. -Obstructing. Whether located on public property or on private property, it is unlawful for any person to obstruct any established fire lane at any time. (Code 1984, §9.34(11)) FOOTNOTE(S): (32)Cross reference—Traffic and vehicles. ch. 66. (Back) http://library.municode.com/print.aspx?clientID=1 3 094&HTMRequest=http%3 a%2f%2fli... 10/5/2011 jv1unicode Page 1 of 2 Orono, Minnesota, Code of Ordinances >> Title V - PUBLIC PROTECTION >> Chapter 46 -FIRE PREVENTION AND PROTECTION » ARTICLE II. -FIRE PREVENTION AND FIRE SAFETY STANDARDS » DIVISION 1. -GENERALLY» DIVISION 1. - GENERALLY Sec.46-31.- Definitions. Sec.46-32.- Enforcement. Sec.46-33.- Permits and fees. Sec.46-34.- Required water supply; new construction. Secs.46-35-46-55.- Reserved. Sec. 46-31. - Definitions. The following words,terms and phrases,when used in this article,the fire code or the fire marshal division alterations and amendments, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Building official means the person appointed by the council to administer and enforce the state building code. Chief means the chief of the fire department which has contractual jurisdiction in each respective fire service district, or his authorized representative. Corporation counsel means the attorney for the city. Fire marshal means the person appointed by the council to administer and enforce the state fire code and who operates under the direction of the building official. Jurisdiction and municipality mean the city as a whole, and also that part of the city corresponding to each separate fire service district. (Code 1984,§9.34(3)) Cross reference—Definitions generally,§1-2 Sec. 46-32. - Enforcement. Authority for enforcement of this article is granted to and may be exercised by any or all of the following persons: (1) The state fire marshal or his authorized representative. (2) The chief of each fire department, or his authorized representative,within the fire service district of the fire department. The fire chief shall retain primary responsibility and authority for determining response to fire calls and for fire scene command. (3) The chief of the police department or his officers.The police chief shall be responsible for coordinating enforcement policy and activities between the respective fire service districts and between the fire chiefs and the building official. (4) The building official or his authorized representative.The building official shall be responsible for coordinating enforcement of the fire code with enforcement of the state building code and chapter 78 of this Code. (Code 1984. §9.34(4)) Sec. 46-33. - Permits and fees. (a) Wherever the fire code or this article requires a permit, applications for such permit shall be made to the building official with all information required, and payment of a permit application fee as fixed and determined by resolution.Application fees shall be nonrefundable. (b) http://library.municode.com/print.aspx?clientlD=13 094&HTMRequest=http%3 a%2f%2fli... 10/5/2011 „i,Municode Page 2 of 2 Y The building official shall refer all fire code permit applications to the fire chief of the applicable fire service district,who shall perform required pre-permit inspections.The fire chief shall upon request by the building official supply a written report to the building official prior to permit issuance. (c) All fire code permits shall be issued by the building official upon the advice of the fire chief and subject to such conditions of approval as may be required by the fire chief, except that fireworks permits pursuant to article 78 of the Minnesota Uniform Fire Code shall be issued by the police chief. One such copy of all permits so issued shall be delivered to the fire chief for his record. (d) No fire code permit shall be issued if the permit would authorize an activity or use of property or structures contrary to any provision of the fire code,the state building code or chapter 78. (Code 1984, §9.34(5)) Sec. 46-34. - Required water supply; new construction. The building official may order the installation or relocation of fire hydrants in areas not served by the municipal water system and, for uses other than single-family residential, a self-contained on-site source of water as a condition of issuance of a building permit. (Code 1984. §9.34(12)) Secs. 46-35-46-55. - Reserved. http://library.municode.com/print.aspx?clientlD=13 094&HTMRequest=http%3 a%2f%2fli... 10/5/2011 MOTOR FUEL-DISPENSING FACILITIES AND REPAIR GARAGES 2209.5.4.2.1 Minimum rate of discharge.The mini native venting systems shall be allowed when in mum flow capacity of pressure relief devices on accordance with Section 2209.5.4.3.6. hydrogen storage containers shall be at least the 2209.5.4.3.5 Maximum flow rate.The vent pipe sys- capacity required by Section 2209.5.4.2 or the capac tem shall be sized based on the maximum flow rate for ity required to accommodate a hydrogen compressor the system served and be specified on the construction that fails to shut down or unload,whichever is greater. documents. The maximum flow rate shall be deter- , 2209.5.4.3 Vent pipe. Stationary containers and tanks mined in accordance with the requirements of CGA shall be provided with a vent pipe system that will divert S-1.3 using the aggregate gas flow rate from all con gas discharged from pressure relief devices to the atmo- nected vent,purge and relief devices that operate simul- sphere.Vent pipe systems serving pressure relief devices famously during a venting operation,purging operation and purging systems used for operational control shall be or emergency relief event. designed and constructed in accordance with Sections 2209.5.4.3.6 Alternative venting systems. Where 2209.5.4.3.1 through 2209.5.4.3.6. alternative venting systems are used in lieu of the requirements of Section 2209.5.4.3.5, an analysis of 2209.5.4.3.1 Materials of construction. The vent radiant heat exposures and hydrogen concentrations pipe system shall be constructed of materials shall be provided.The analysis of exposure to radiant approved for hydrogen service in accordance with heat shall assume a wind speed of 30 feet/second ASME B31.3 for the rated pressure,volume and tem- (9.14 m/secsure)andtothe providemaximum a designvalues that limitsshownin radiantTable perature of gas to be transported. The vent piping heat expo shall be designed for the maximum backpressure 2209.5.4.3.6(1). The analysis of exposure to hydro- within the pipe, but not less than 335 pounds per gen concentration shall provide a design that limits square inch gauge(psig)(2310 kPa). the maximum hydrogen concentration to the values 2209.5.4.3.2 Structural support.The vent pipe sys- tem shall be supported to prevent structural collapse and shall be provided with a rain cap or other feature SECTION 2210 that would not limit or obstruct the gas flow from MARINE MOTOR FUEL-DISPENSING FACILITIES venting vertically upward. 2210.1 General.The construction of marine motor fuel-dis- 1 2209.5.4.3.3 Obstructions.A means shall be provided pensing facilities shall be in accordance with the International to prevent water,ice and other debris from accumulating Building Code and NFPA 30A.The storage of Class I,H or IIIA inside the vent pipe or obstructing the vent pipe. liquids at marine motor fuel-dispensing facilities shall be in 2209.5.4.3.4 Height of vent and separation. The accordance with this chapter and Chapter 34. height(II)and separation distance(D)of the vent pipe 2210.2 Storage and handling. The storage and handling of shall meet the criteria set forth in Table 2209.5.4.3.4 Class I,II or IIIA liquids at marine motor fuel-dispensing facil- for the combinations of maximum hydrogen flow ities shall be in accordance with Sections 2210.2.1 through 1 rates and vent stack opening diameters listed.Alter- 2210.2.3. TABLE 2209.5.4.3.4 1 VENT PIPE HEIGHT AND SEPARATION DISTANCE VERSUS HYDROGEN FLOW RATE AND VENT PIPE DIAMETER a,b,c,a,e,e HYDROGEN 5 500 CFM >500 to 51,000 CFM >1,000 to 5 2,000 >2,000 to 5 5,000 >5,000 to 5 10,000 >10,000 to 520,000 FLOW RATE at NTPg at NTPg CFM at NTP9 CFM at NTPh CFM at NTP^ CFM at NTP" 011 Height(ft) 8 8 12 17 25 36 Distance(ft) 13 17 26 40 53 81 For SI: 1 inch=25.4 mm,1 foot=304.8 mm,1 Btu/ft2=3.153W/m2,1 foot/second=304.8 mm/sec. a. Minimum distance to property line is 1.25D. b. Designs seeking to achieve greater heights with commensurate reductions in separation distances shall be designed in accordance with accepted engineering prac- tice. c. With this table personnel on the ground or on the building and/or equipment are exposed to a maximum of 1,500 Btu/hr.ft2,and are assumed to be provided with a means to escape to a shielded area within 3 minutes,including the case of a 30 ft./sec.wind. d. Designs seeking to achieve greater radiant exposures to noncombustible equipment shall be designed in accordance with accepted engineering practice. e. The analysis reflected in this table does not permit hydrogen air mixtures that would exceed one-half of the lower flammable limit(LFL)for hydrogen(2 percent by volume)at the building or equipment,including the case of a 30 ft./sec.wind. f. See Figure 2209.5.4.3.4. I g. For vent pipe diameters up to and including 2 inches. h. For vent pipe diameters up to and including 3 inches. 2006 INTERNATIONAL FIRE CODE® 209 O. ! _. ORDINANCE NO. 76 , THIRD SERIES AN ORDINANCE AMENDING CHAPTER 46 OF THE ORONO, MINNESOTA, REGARDING FIRE PREVENTION AND PROTECTION THE CITY COUNCIL OF THE CITY OF ORONO ORDAINS: SECTION 1. Orono Code Chapter 46 Section 57 (Amendments) is hereby amended as follows: Sec. 46-57. Amendments. As authorized by the Minnesota Uniform Fire Code (MUFC), the following amendments to the Minnesota Uniform Fire Code are adopted for the city: (1) Restrictions on flammable or combustible liquid storage. b. Aboveground tank locations. In those districts not included in subsection (1)a of this section, the storage of flammable or combustible liquids in aboveground tanks is permitted, provided such tanks are located in conformance with MUFC sections 79.501 and 79.1001, and with the following: 1. No such tank shall be located in any required front yard space as defined in chapter 78. 2. No such tank shall be located within 50 feet of any side or rear property line unless it has a minimum one-hour fire rating. A tank with a minimum one-hour fire rating may be located within 30 feet of any side or rear property line. 3. No such tank shall be located within 75 feet of any lake, wetland, stream or drainageway_ - . . ' : •- . _ ,. - shall be 30 feet from the lake, wetland, stream or drainageway. c. Underground tank locations. The storage of flammable or combustible liquids in underground tanks shall be permitted in any district in accordance with MUFC section 79.601 and with the following: 1. No such tank shall be located under any required front yard space as defined in chapter 78. 2. No such tank shall be located within ten feet of any side or rear property line. 3. No such tank shall be located within 3-0 75 feet of any lake, wetland, stream or drainageway. SECTION 2. This Ordinance shall be effective upon approval and publication. Adopted by the City Council of Orono on this 12t day of July, 2010 by a vote of 5 ayes and 0 nays. js\titigee..-- A. White, Mayor ATTEST: Linda S. Vee, City Clerk Published in the Sun Sailor newspapers the week of July 22, 2010. Municode Page 1 of 1 Sec. 2-41. - Right to administrative appeal. Except as otherwise provided, if any person shall be aggrieved by any administrative decision of the city administrator or any other city official, or any board or commission not having within its structure an established review schedule or an appellate procedure, such aggrieved person is entitled to a full hearing before the council upon serving a written request upon the mayor and city clerk at least seven days prior to any regular council meeting. Such request shall contain a general statement setting forth the administrative decision to be challenged by the appellant. At such hearing, the appellant may present any evidence he deems pertinent to the appeal; but the city shall not be required to keep a verbatim record of the proceedings. The mayor, or other officer presiding at the hearing, may, in the interest of justice or to comply with time requirements and on the mayor's own motion or the motion of the appellant, the city clerk, or a member of the council, adjourn the hearing to a more convenient time or place; but such time or place shall be fixed and determined before adjournment so as to avoid the necessity for formal notice of reconvening.An employee of the city who is aggrieved by an action or decision of another city employee that relates to their employment shall exhaust the grievance procedures set forth in the administrative and personnel policy before requesting a hearing before the city council. (Code 1984, §2.07) http://library.municode.com/print.aspx?clientlD=13 094&HTMRequest=http%3 a%2f%2fl... 12/15/2011 Mike Gaffron From: Mike Gaffron Sent: Thursday, December 08, 2011 1:08 PM To: 'Luke Kujawa' Subject: RE: Fuel filling at Brown's Bay Marina Luke— I brought up your request at our weekly staff meeting to get input from a planning and zoning perspective. Both the City Engineer and City Attorney were present. You need to be aware from the start that City staff will not support the granting of a variance to the standards established in the various City codes for fuel tank locations. The standard in the Zoning Code (Chapter 78) for many decades has been 75' minimum setback from the lakeshore.The lakeshore setback standard in the Fire Prevention and Protection Code (Chapter 46) was revised in July 2010 from 30' to 75' to eliminate conflicting language and reflect the City's intent that both aboveground and belowground fuel tanks must meet a 75' lake setback. In reviewing the survey for the property, it is clear that the only legal location for a fuel tank is in the parking lot. There is no location 'behind' the building (i.e. west or south of the building) that meets the previous 30' setback requirement, much less the 75' standard. The City is allowed by State statute to grant variances to zoning codes when certain criteria are met, and the zoning variance process includes review by the Planning Commission. However,the Fire Protection and Prevention Code, Chapter 46, is not a zoning code and any deviation from its requirements is solely at the discretion of the City Council without the need for Planning Commission review. Based on the above, our recommendation for a process is as follows: 1) Meet with staff to discuss your proposed fuel tank location(s) and review the site impacts of various locations. 2) If you choose to pursue a location less than 75'from the lake, we recommend you proceed directly to the City Council in January via the appeals process to determine whether there is any Council support for deviating from the 75' standard. If there is support, then proceed with a zoning variance application; if there is no support, then we would not recommend proceeding with a variance to the 75' standard, but you may wish to proceed with a variance to other standards if necessary (side or street setback?). Council review of an appeal could happen on January 9 or January 23. If it is determined that a zoning variance should be pursued, the deadline for the February 21 Planning Commission meeting is Wednesday January 18. We should meet next week to review your options. I am available Monday afternoon, Tuesday afternoon, or all day Wednesday. Mike Michael P.Gaffron Assistant City Administrator/Long Term Strategy City of Orono (Street Address)2750 Kelley Parkway (Mailing Address) P.O. Box 66,Crystal Bay, MN 55323 Phone: (952)249-4600 Fax: (952) 249-4616 1 . From: lukekujawa@gmail.com jmailto:lukekujawa@gmail.comj On Behalf Of Luke Kujawa Sent: Tuesday, November 29, 2011 1:04 PM To: Mike Gaffron Subject: Fuel filling at Brown's Bay Marina Hello Mike, I sent the fuel tank placement requirement to Gronberg and Associates to plot out the Brown's Bay Marina site on the Tanager side and it appears there is room for either an above or below ground fuel tank. The challenge is that we would all prefer and above ground tank and the placement would be right in the middle of the parking lot taking up at least one parking spot. Both MG and I would prefer to get a variance to place the tank behind the building. When speaking with James Van EyII, he indicated that as long as he inspected the tank and equipment, and that met or surpassed the code requirements that he did not really care where it was placed and that placement was a city issue. With multiple departments involved I really need your help in navigating through this issue and helping to find a solution allowing us to fuel the boats on site. Please let me know your thoughts or a time when you would like to get together to discuss. I am available any day this week. Thanks for your help!! Luke Kujawa c612.865.8879 Your Boat Club 2 .Municode Page 1 of 2 s Orono, Minnesota, Code of Ordinances >> Title V- PUBLIC PROTECTION >> Chapter 46 -FIRE PREVENTION AND PROTECTION >> ARTICLE II. -FIRE PREVENTION AND FIRE SAFETY STANDARDS » DIVISION 2. -UNIFORM FIRE CODE » DIVISION 2. - UNIFORM FIRE CODE 1-311 Sec. 46-56.-Adopted. Sec.46-57. -Amendments. Sec.46-58. - New materials. Secs.46-59-46-80. -Reserved. Sec. 46-56. -Adopted. The Minnesota Uniform Fire Code(MUFC) is adopted as though set forth verbatim in this section. One copy of the code shall be marked"CITY OF ORONO—OFFICIAL COPY"and kept on file in the office of the city clerk and open to inspection and use by the public. (Code 1984, §9.34(1)) Sec. 46-57. -Amendments. As authorized by the Minnesota Uniform Fire Code(MUFC),the following amendments to the Minnesota Uniform Fire Code are adopted for the city: (1) Restrictions on flammable or combustible liquid storage. a. Prohibited districts established. Pursuant to MUFC sections 79.501 and 79.1001,the council declares all land located within the following specified zoning districts to be the districts within which the storage of flammable or combustible liquids in aboveground tanks is prohibited: R-1 A, R-1 B, RR-1B-1, RS, LR-1C, LR-1C-1, B-1, B-3, B-4, B-5, M-6 and PRD. --� b. Aboveground tank locations. In those districts not included in subsection (1)a of this 077 section,the storage of flammable or combustible liquids in aboveground tanks is 0 permitted, provided such tanks are located in conformance with MUFC sections 79.501 (i9$; and 79.1001, and with the following: F(j 1. No such tank shall be located in any required front yard space as defined in chapter 11 78 Ot. 2. No such tank shall be located within 50 feet of any side or rear property line unless it has a minimum one-hour fire rating.A tank with a minimum one-hour fire rating may be located within 30 feet of any side or rear property line. 3. No such tank shall be located within 75 feet of any lake,wetland, stream or drainageway. 'mac. Underground tank locations.The storage of flammable or combustible liquids in underground tanks shall be permitted in any district in accordance with MUFC section 79.601 and with the following: 1. No such tank shall be located under any required front yard space as defined in chapter 78 2. No such tank shall be located within ten feet of any side or rear property line. 3. No such tank shall be located within 75 feet of any lake,wetland, stream or drainageway. (2) Restrictions on liquefied petroleum gas storage. Pursuant to MUFC section 82.105,the council declares all land within the city, except for land zoned I-Industrial,to be the district within which no liquefied petroleum gas storage installation shall exceed 2,000-gallon water capacity for any one property; and the council further declares that no liquefied petroleum gas storage installation over 500-gallon water capacity shall be located in any required front, side, rear or lakeshore yard as defined in chapter 78, but shall conform to all setback requirements for principal buildings. (3) http://library.municode.com/print.aspx?clientlD=13094&HTMRequest=http%3 a%2f%2fli... 10/5/2011 •Municode Page 2 of 2 Restrictions on explosive and blasting agent storage. Pursuant to MUFC section 77.106(b), the council declares all land within the city to be the district in which storage of explosives and blasting agents is prohibited. (Code 1984, §9.34(2): Ord. No. 121 2nd series. §3, 9-27-1993:Ord. No. 186 2nd series, § 1, 4-26-1999;Ord. No. 76 3rd series, § 1, 7-12-2010) Sec. 46-58. - New materials. The city administrator, police chief, building official and the chief of every fire department protecting a fire service district of the city shall together act as a committee to determine and specify, after giving affected persons an opportunity to be heard, any new materials, processes or occupancies which shall require permits, in addition to those enumerated in the fire code.As they occur, such determinations shall be listed; and such list shall be posted in the offices of the police chief,the building official and each fire chief, and distributed to all interested parties. (Code 1984, §9.34(6)) Secs. 46-59-46-80. - Reserved. FOOTNOTE(S): (31)State Law reference—State Uniform Fire Code, Minn. Stat. §299F.011. (Back) http://library.municode.com/print.aspx?clientlD=13 094&HTMRequest=http%3 a%2fl'/o2fli... 10/5/2011 MOTOR FUEL-DISPENSING FACILITIES AND REPAIR GARAGES TABLE 2209.5.4.3.6(1) MAXIMUM RADIANT HEAT EXPOSURE t' EXPOSED OBJECT MAXIMUM RADIANT HEAT TIME DURATION(minutes) Personnel 1,500 Btu/hrft2(4732 W/m2) 3 Noncombustible e'uiment 8,000 Btu/hrft2(25 237 W/m2) Any Lot line 500 Btu/hrft2(1577 W/m2) Any TABLE 2209.5.4.3.6(2) MAXIMUM HYDROGEN CONCENTRATION EXPOSURE EXPOSED OBJECT MAXIMUM HYDROGEN CONCENTRATION Personnel,buildings or equipment 50%LFL within a distance of D and H of Table 2209.5.4.3.4 Lot line 50%LFL within 1.25 times the distance of D and H of Table 2209.5.4.3.4 2210.2.1 Class I,II or IIIA liquid storage. Class I, II or 2210.3.5 Liquefied petroleum gas. Liquefied petroleum IIIA liquids stored inside of buildings used for marine motor gas cylinders shall not be filled at marine motor fuel-dis- fuel-dispensing facilities shall be stored in approved con- pensing facilities unless approved.Approved storage facili- tainers or portable tanks.Storage of Class I liquids shall not ties for LP-gas cylinders shall be provided.See also Section exceed 10 gallons(38 L). 2207. Exception: Storage in liquid storage rooms in accor- 2210.4 Fueling of marine vehicles at other than approved dance with Section 3404.3.7. marine motor fuel-dispensing facilities.Fueling of floating 2210.2.2 Class H or IIIA liquid storage and dispensing. marine craft with Class I fuels at other than a marine motor Class II or IIIA liquids stored or dispensed inside of build- fuel-dispensing facility is prohibited. Fueling of floating ings used for marine motor fuel-dispensing facilities shall marine craft with Class II or III fuels at other than a marine be stored in and dispensed from approved containers or por- motor fuel-dispensing facility shall be in accordance with all of table tanks. Storage of Class II and IIIA liquids shall not the following: exceed 120 gallons(454 L). 1. The premises and operations shall be approved by the 2210.2.3 Heating equipment.Heating equipment installed fire code official. in Class I,II or IIIA liquid storage or dispensing areas shall 2. Tank vehicles and fueling operations shall comply with comply with Section 2201.6. Section 3406.6. 2210.3 Dispensing.The dispensing of liquid fuels at marine 3. The dispensing nozzle shall be of the listed auto- motor fuel-dispensing facilities shall comply with Sections matic-closing type without a latch-open device. 2210.3.1 through 2210.3.5. 4. Nighttime deliveries shall only be made in lighted areas. 2210.3.1 General.Wharves,piers or floats at marine motor 5. The tank vehicle flasher lights shall be in operation while fuel-dispensing facilities shall be used exclusively for the dispensing or transfer of petroleum products to or from dispensing. marine craft,except that transfer of essential ship stores is 6. Fuel expansion space shall be left in each fuel tank to pre- allowed. vent overflow in the event of temperature increase. 2210.3.2 Supervision.Marine motor fuel-dispensing facil- 2210.5 Fire prevention regulations.General fire safety regu- ities shall have an attendant or supervisor who is fully aware lations for marine motor fuel-dispensing facilities shall comply of the operation,mechanics and hazards inherent to fueling with Sections 2210.5.1 through 2210.5.7. of boats on duty whenever the facility is open for business. 2210.5.1 Housekeeping. Marine motor fuel-dispensing The attendant's primary function shall be to supervise, facilities shall be maintained in a neat and orderly manner. observe and control the dispensing of Class I,II or IIIA liq- Accumulations of rubbish or waste oils in excessive uids or flammable gases. amounts shall be prohibited. 2210.3.3 Hoses and nozzles. Dispensing of Class I, II or IIIA liquids into the fuel tanks of marine craft shall be by 2210.5.2 Spills.Spills of Class I,II or IIIA liquids at or on means of an approved-type hose equipped with a listed the water shall be reported immediately to the fire depart- automatic-closing nozzle without a latch-open device. ment and jurisdictional authorities. Hoses used for dispensing or transferring Class I, II or 2210.5.3 Rubbish containers. Metal containers with IIIA liquids,when not in use,shall be reeled,racked or oth- tight-fitting or self-closing metal lids shall be provided for erwise protected from mechanical damage. the temporary storage of combustible trash or rubbish. 2210.3.4 Portable containers. Class I, II or IIIA liquids 2210.5.4 Marine vessels and craft. Vessels or craft shall shall not be dispensed into a portable container unless such not be made fast to fuel docks serving other vessels or craft container is approved. occupying a berth at a marine motor fuel-dispensing facility. 210 2006 INTERNATIONAL FIRE CODE® MOTOR FUEL-DISPENSING FACILITIES AND REPAIR GARAGES 2210.5.5 Sources of ignition. Construction,maintenance, SECTION 2211 repair and reconditioning work involving the use of open REPAIR GARAGES flames, arcs or spark-producing devices shall not be per- 2211.1 General.Repair garages shall comply with this section formed at marine motor fuel-dispensing facilities or within and the International Building Code.Repair garages for vehi- 50 feet(15 240 mm)of the dispensing facilities,including cies that use more than one type of fuel shall comply with the piers,wharves or floats,except for emergency repair work applicable provisions of this section for each type of fuel used. approved in writing by the fire code official.Fueling shall not be conducted at the pier,wharf or float during the course Where a repair garage also includes a motor fuel-dispensing of such emergency repairs. facility, the fuel-dispensing operation shall comply with the requirements of this chapter for motor fuel-dispensing facili- 2210.5.5.1 Smoking.Smoking or open flames shall be ties. prohibited within 50 feet(15 240 mm)of fueling opera 2211.2 Storage and use of flammable and combustible liq- tions."No Smoking"signs complying with Section 310 shall be posted conspicuously about the premises. Such uids.The storage and use of flammable and combustible liq- signs shall have letters not less than 4 inches(102 mm)in uids in repair garages shall comply with Chapter 34 and height on a background of contrasting color. Sections 2211.2.1 through 2211.2.4. 2211.2.1 Cleaning of parts.Cleaning of parts shall be con- 2210.5.6 Preparation of tanks for fueling. Boat owners and operators shall not offer their craft for fueling unless the ductedin listedapprovedparts cleaning machines in tanks being filled are properly vented to dissipate fumes to accordance dance and with Chapttee r 34. the outside atmosphere. 2211.2.2 Waste oil,motor oil and other Class IIIB liq- uids.Waste oil,motor oil and other Class IIIB liquids shall 2210.5.7 Warning signs. Warning signs shall be promi- be stored in approved tanks or containers,which are allowed nently displayed at the face of each wharf, pier or float at to be stored and dispensed from inside repair garages. such elevation as to be clearly visible from the decks of marine craft being fueled.Such signs shall have letters not 2211.2.2.1 Tank location.Tanks storing Class IIIB liq- less than 3 inches (76 nun) in height on a background of uids in repair garages are allowed to be located at,below contrasting color bearing the following or approved equiva- or above grade,provided that adequate drainage or con- lent wording: tainment is provided. WARNING 2211.2.2.2 Liquid classification. Crankcase drainings NO SMOKING—STOP ENGINE WHILE FUELING, shall be classified as Class IIIB liquids unless otherwise SHUT OFF ELECTRICITY. determined by testing. DO NOT START ENGINE UNTIL AFIER BELOW 2211.2.3 Drainage and disposal of liquids and oil-soaked DECK SPACES ARE VENTILATED. waste.Garage floor drains, where provided, shall drain to approved oil separators or traps discharging to a sewer in 2210.6 Fire protection. Fire protection features for marine accordance with the International Plumbing Code. Con- motor fuel-dispensing facilities shall comply with Sections tents of oil separators,traps and floor drainage systems shall 2210.6.1 through 2210.6.4. be collected at sufficiently frequent intervals and removed from the premises to prevent oil from being carried into the 2210.6.1 Standpipe hose stations. Fire hose, where pro- sewers. vided,shall be enclosed within a cabinet,and hose stations shall be labeled: FIRE HOSE—EMERGENCY USE 2211.2.3.1 Disposal of liquids.Crankcase drainings and ONLY liquids shall not be dumped into sewers, streams or on the ground,but shall be stored in approved tanks or con- 2210.6.2 Obstruction of fire protection equipment. tainers in accordance with Chapter 34 until removed Materials shall not be placed on a pier in such a manner as to from the premises. obstruct access to fire-fighting equipment or piping system 2211.2.3.2 Disposal of oily waste. Self-closing metal control valves. cans shall be used for oily waste. 2210.6.3 Access.Where the pier is accessible to vehicular 2211.2.4 Spray finishing.Spray finishing with flammable traffic, an unobstructed roadway to the shore end of the or combustible comply liquids shall with Chapter 15. wharf shall be maintained for access by fire apparatus. q P y p 2211.3 Sources of ignition. Sources of ignition shall not be 2210.6.4 Portable fire extinguishers. Portable fire located within 18 inches(457 mm)of the floor and shall corn- extinguishers in accordance with Section 906,each having a ply with Chapters 3 and 26. minimum rating of 20-B:C,shall be provided as follows: 2211.3.1 Equipment.Appliances and equipment installed 1. One on each float. in a repair garage shall comply with the provisions of the 2. One on the pier or wharf within 25 feet(7620 mm)of International Building Code,the International Mechanical the head of the gangway to the float,unless the office Code and the ICC Electrical Code. is within 25 feet(7620 mm)of the gangway or is on 2211.3.2 Smoking.Smoking shall not be allowed in repair the float and an extinguisher is provided thereon. garages except in approved locations. 2006 INTERNATIONAL FIRE CODE® 211 _-_:------ . . /WO l V7/.Z &SS-7) 2. 1/4,0 ` yfz-/ /0 '75o0 6300 - . .._ S 7soo 6Yeo 4i‘ 0 4,. O O CITY of ORONO ,� Municipal Offices ��� 4 ` Street Address: Mailing Address: '� 1` Y:, ti 2750 Kelley Parkway P.O. Box 66 �' � k '�G Orono, MN 55356 Crystal Bay, MN 55323-0066 l -ksHCA February 7, 2011 Luke Kujawa Your Boat Club 10 South Fifth Street#110 Minneapolis, MN 55402 Re: Boat Club Operation in 2011 Dear Mr. Kujawa: As we discussed last fall, in order for Your Boat Club to operate at the MarineMax site (1444 Shoreline Drive) during 2011, you and the owner of the property must jointly apply for and obtain a Conditional Use Permit (CUP)per Orono Zoning Code Section 78-666 (copy attached). Although you and I had discussed some possible revisions to the City's method of regulating the boat club use, I do not expect that the CUP requirement will be eliminated. However, staff is proposing potential changes to the Code that would establish a numerical parking requirement for the Boat Club conditional use. That discussion is currently scheduled for a public hearing to be held by the Planning Commission on February 22 - you will be mailed a separate notice regarding that hearing. It is possible that any regulatory changes resulting from this process will not be finalized by the time you wish to begin operations in 2011. For that reason, it would be prudent for you to submit a formal CUP application no later than mid-March in order to not be delayed. Enclosed is a CUP application package for your use. Please contact me at 952-249-4622 to discuss your plans for the upcoming season. Sincerely. 4&--31- (3,-) ,, .•'' ''' Michael P. Gaffron Asst. City Administrator encl. cc: Maciek G. Kaminski Tanager Bay LLC 294 Grove Lane E #100 Wayzata, MN 55391 Telephone(952) 249-4600 • Fax(952) 249-4616 www.ci.orono.mn.us Iv 0 CITY of ORONO a 42 4l� Municipal Offices • i� Mailing Address: j a Street Address: �•q '4' ¢� 2750 Kelley Parkway P.O. Box 66 CZOrono, MN 55356 Crystal Bay, MN 55323-0066 September 12, 2002 James &Mary Rivers Windward Marina, Inc. 1444 Shoreline Drive Wayzata, MN 55391 Dear Mr. & Mrs. Rivers: Enclosed is your 2001-2002 Orono Commercial Marina License. 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: Avoid storage of marina vehicles and equipment on the residential overflow parking area. - Maintain customer parking spaces within the paved lot next to the building as opposed to filling it with boats for sale (and keep Handicap stall available). Continue to manage parking to minimize customer necessity of crossing Co.Rd. 15. - Remove accumulated debris from stormwater runoff structures on a regular basis If you have any questions, please feel free to call me at 952-249-4600. Sincerely, Michael P. Gaffron Planning Director encl. 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Its.' 1 v\ 'J )hv t Notes re: Boat Club Operation in B-2 District at Browns Bay LLC site 1) "Marina Business"means engaging in one or more of the permitted, accessory or conditional uses allowed within the B-2 lakeshore business district. 2) "Boat club" or time share is a conditional use within the B-2 district, and cannot be operated unless a conditional use permit(CUP) is obtained. 3) CUPs are issued to the owner of the property because they become a property right. 4) The zoning code in the B-2 District Standards (Sec. 78-661 thru 78-678) does not distinguish between the property owner and lessees in terms of operation requirements. The property owner is responsible for the property remaining in compliance with the code regardless of the leases it may choose to enter into with tenants. 5) The marina licensing code (Sec. 94-71 thru 94-101) establishes that the primary business operator on the property shall be the licenseholder, and any businesses subleased on the premises shall be identified by the licenseholder, but will not be separately licensed. Browns Bay LLC is the primary business operator. The boat club as a tenant of the property does not need a separate business license. 6) Application for a boat club CUP must be made by Browns Bay LLC as owner, with the option to include boat club tenant as applicant. Any CUP approved will be granted to the owner and tied to the property, with conditions that would apply to any boat club operator at the site. 7) As a conditional use, the boat club use will only be allowed if it can be shown by the property owner that adequate parking is available on the site to accommodate that business operation in addition to all other approved operations on the site. The premise behind this ordinance requirement is that a time-share boat club operation has the potential to create a higher level of use than a standard single-user/single-owner situation, with the potential for overlapping parking needs of back-to-back users. 8) The parking requirements for marina operations are listed in 78-668. Those pertinent to this site are: - Six parking spaces for each ten boat slips on water or land. - Eight additional off-street parking spaces plus one additional space for each 800 s.f. of floor area over 1,000 s.f. (including warehousing and all outside sales and storage areas related to the sales and service functions). - Employee parking shall be in addition to the above requirements. Past approvals for this marina defined the required number of stalls as 77, and granted a variance because only 73 stalls are available, including 26 east of CR15 and 47 west of CR15 (of which 26 are located in the property zoned LR-1A at 1440 and 1442 Shoreline Drive). 9) Demonstration of parking adequacy for a boat club on the property should include a detailed written description of how the overall site is used, how the boat club operates, hours of operation, what space on the site is used for offices or other purposes,whether it is staffed full-time, etc. jAM - 9s2 - 7� - ?Tor 2-z-10 0 'reitA-r �� d� grc �— rtJLQi y� s� sh,,A)6(J o 4s 4- 7 vc 00,,24,a i4.s 01-4P-- 'WV SAN lunicode Page 1 of 2 7.•ologh Orono, Minnesota, Code of Ordinances>> Title V- PUBLIC PROTECTION >> Chapter 46 -FIRE PREVENTION AND PROTECTION >>ARTICLE II. - FIRE PREVENTION AND FIRE SAFETY STANDARDS » DIVISION 2. -UNIFORM FIRE CODE » DIVISION 2. -UNIFORM FIRE CODE 211 Sec.46-56. -Adopted. Sec. 46-57.-Amendments. Sec.46-58.-New materials. Secs.46-59-46-80. -Reserved. Sec. 46-56.-Adopted. The Minnesota Uniform Fire Code(MUFC) is adopted as though set forth verbatim in this section. One copy of the code shall be marked"CITY OF ORONO—OFFICIAL COPY"and kept on file in the office of the city clerk and open to inspection and use by the public. (Code 1984, §9.34(1)) Sec. 46-57.-Amendments. As authorized by the Minnesota Uniform Fire Code (MUFC),the following amendments to the Minnesota Uniform Fire Code are adopted for the city: (1) Restrictions on flammable or combustible liquid storage. a. Prohibited districts established. Pursuant to MUFC sections 79.501 and 79.1001,the council declares all land located within the following specified zoning districts to be the districts within which the storage of flammable or combustible liquids in aboveground tanks is prohibited: R-1A, R-1B, RR-1B-1, RS, LR-1C, LR-1C-1, B-1, B-3, B-4, B-5, M-6 and PRD. b. Aboveground tank locations. In those districts not included in subsection (1)a of this section,the storage of flammable or combustible liquids in aboveground tanks is permitted, provided such tanks are located in conformance with MUFC sections 79.501 and 79.1001, and with the following: 1. No such tank shall be located in any required front yard space as defined in chapter 78. 2. No such tank shall be located within 50 feet of any side or rear property line unless it has a minimum one-hour fire rating.A tank with a minimum one-hour fire rating may be located within 30 feet of any side or rear property line. 3. No such tank shall be located within 75 feet of any lake,wetland, stream or drainageway. c. Underground tank locations. The storage of flammable or combustible liquids in underground tanks shall be permitted in any district in accordance with MUFC section 79.601 and with the following: 1. No such tank shall be located under any required front yard space as defined in chapter 78. 2. No such tank shall be located within ten feet of any side or rear property line. 3. No such tank shall be located within 75 feet of any lake, wetland, stream or drainageway. (2) Restrictions on liquefied petroleum gas storage. Pursuant to MUFC section 82.105,the council declares all land within the city, except for land zoned I-Industrial,to be the district within which no liquefied petroleum gas storage installation shall exceed 2,000-gallon water capacity for any one property; and the council further declares that no liquefied petroleum gas storage installation over 500-gallon water capacity shall be located in any required front, side, rear or lakeshore yard as defined in chapter 78, but shall conform to all setback requirements for principal buildings. (3) http://library.municode.com/print.aspx?clientlD=13094&HTMRequest=http%3 a%2f%2fli... 7/20/2011 Municode Page 2 of 2 Restrictions on explosive and blasting agent storage. Pursuant to MUFC section 77.106(b), the council declares all land within the city to be the district in which storage of explosives and blasting agents is prohibited. (Code 1984, §9.34(2):Ord. No. 121 2nd series, §3, 9-27-1993;Ord. No. 186 2nd series,§ 1, 4-26-1999;Ord. No. 76 3rd series, § 1, 7-12-2010) Sec. 46-58.- New materials. The city administrator, police chief, building official and the chief of every fire department protecting a fire service district of the city shall together act as a committee to determine and specify, after giving affected persons an opportunity to be heard, any new materials, processes or occupancies which shall require permits, in addition to those enumerated in the fire code.As they occur, such determinations shall be listed; and such list shall be posted in the offices of the police chief, the building official and each fire chief, and distributed to all interested parties. (Code 1984, §9.34(6)) Secs. 46-59-46-80.- Reserved. 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'W, • r • 4 ` W , q i /� i7 . • Y 0 ' (9P -er- CcioSS LAJAtAv-(- k--Q34,(-07k — CJS ( 1 's/AJ-6 S o ►0.63-Gt- (. S' 4 -& Nom` i- C6)f\- . < • Municode Page 1 of 4 Orono, Minnesota, Code of Ordinances >> Title VI - LAND USE >> Chapter 78 -ZONING REGULATIONS >> ARTICLE V. -CONDITIONAL USES >> DIVISION 2. -PERMIT>> DIVISION 2. -PERMIT State law reference—Conditional use permits, Minn. Stat. §462.3595. Sec.78-911.-Purpose. Sec.78-912.-Reference to planning commission. Sec.78-913.-Application. Sec.78-914.-Failure of planning commission to act. Sec.78-915.-Hearings and notice. Sec.78-916.-Granting of permit. Sec.78-917.-Denial of permit. Sec.78-918.-Lapse of permit. Sec.78-919.-Lapse of use. Sec.78-920.-Conditional use permits for nonconforming uses. Sec.78-921.-Review upon neighbors'petition. Sec.78-922.-Unlawful act. Secs.78-923-78-945.-Reserved. I Sec. 78-911. - Purpose. In order to give the district use regulation the flexibility necessary to achieve the objectives of this chapter, in certain districts, conditional uses are permitted, subject to the granting of a use permit. Conditional uses include those uses generally not suitable in a particular zoning district, but which may under some circumstances be suitable. When such circumstances exist, a conditional use permit may be granted. Conditions may be applied to issuance of the permit, and a periodic review of the permit may be required.The permit shall be issued for a particular use and not for a particular person. Because of their unusual characteristics, conditional uses require consideration so they may be located properly with respect to the objectives of this chapter and the comprehensive municipal plan and with respect to their effects on surrounding properties. In order to achieve these purposes,the council is empowered to grant and to deny applications for conditional use permits and to impose reasonable conditions upon the granting of these permits. (Code 1984,§10.09(1)) I Sec. 78-912. - Reference to planning commission. Before the council may grant conditional use permits for such conditional uses as prescribed in the district regulations of this chapter, the request shall be referred to the planning commission for study concerning the effect of the proposed use on the ordinance and on the character and development of the neighborhood and for recommendation in regard to granting such conditional use and its conditions, if any, or for the denial of such conditional use. The council may by unanimous action waive reference to the planning commission. (Code 1984,§10.09(2)) I Sec. 78-913. -Application. Whenever this chapter requires a conditional use permit, an application in writing may be filed with the zoning administrator,together with such filing fee as may be established by the council and shall be accompanied by a site plan and such information and showing as may be necessary or desirable, including but not limited to the following: (1) Site plan drawn at scale dimensions with setbacks noted. http://library.municode.com/print.aspx?clientlD=13094&HTMRequest=http%3a%2f%2fli... 11/4/2010 'Municode Page 2 of 4 (2) Location of all buildings, heights and square footage. (3) Curb cuts, driveways, parking spaces. (4) Off-street loading areas. (5) Drainage plan. (6) Type of business, proposed number of employees by shift. (7) Proposed floor plan with use indicated and building elevations. (8) Sanitary sewer and water plan with estimated use per day. (g) A lighting plan showing the lighting of parking area,walks, security lighting and driveway entrance light. (10) A landscape plan with a schedule of the plantings. (11) An abstractor's certified property certificate showing the property owners within 350 feet of the outer boundaries of the property in question. (Code 1984,§10.09(3)) I Sec. 78-914. - Failure of planning commission to act. If no recommendation is transmitted by the planning commission within 60 days after referral of the application for conditional use to the commission,the council may take action without further awaiting such recommendation. (Code 1984,§10.09(4)) I Sec. 78-915. - Hearings and notice. The planning commission or council may hold a public hearing on each application for a conditional use permit. Notice of the public hearing shall be given not less than ten days or more than 30 days prior to the date of the hearing by publication in the official newspaper for the city. Such notice shall contain the description of the land and the proposed conditional use and the time and place of the hearing.At least ten days before the hearing, the city clerk shall mail an identical notice to the owner and to each of the property owners within 350 feet of the outside boundaries of the land in question. For the purpose of giving mailed notice, the person responsible for mailing the notice may use any appropriate records to determine the names and addresses of owners.A copy of the notice and a list of the owners and addresses to which the notice was sent shall be attested to by the responsible person and shall be made a part of the records of the proceedings.The failure to give mailed notice to individual property owners or defects in the notice shall not invalidate the proceedings, provided a bona fide attempt to comply with this section has been made.At the public hearing the planning commission or the council shall review the application and the statements and drawings submitted with the application and shall receive pertinent evidence concerning the proposed use and the proposed conditions under which it would be operated or maintained.Any party may appear at the hearing in person or by agent or attorney. Subject to such limitations as may be imposed by the council,the planning commission or the council may adopt rules for the conduct of proceedings before it. Such rules may include provisions for the giving of oaths to witnesses and the filing of written briefs by the parties.The city shall provide for a record of the proceedings,which shall include the minutes of the meetings,the findings, and the action taken on each matter heard, including the final action. (Code 1984,§10.09(5)) State law reference—Conditional use permit hearings, Minn. Stat. §462.3595, subd. 2. I Sec. 78-916. -Granting of permit. (a) The planning commission may recommend and the council may grant a conditional use permit as the use permit was applied for or in modified form. On the basis of the application and the evidence submitted,the city must find that the proposed use at the proposed location is or will be: (1) Consistent with the community management plan; (2) Compliant with the zoning code, including any conditions imposed on specific uses as required by article V, division 3 of the City Code; (3) Adequately served by police, fire, roads, and stormwater management; (4) Provided with an adequate water supply and sewage disposal system; http://library.municode.com/print.aspx?clientlD=13094&HTMRequest=http%3 a%2f�/o2fli... 11/4/2010 'Municode Page 3 of 4 (5) Not expected to generate excessive demand for public services at public cost; (6) Compatible with the surrounding area as the area is used both presently and as it is planned to be used in the future; (7) Consistent with the character of the surrounding area, unless a change of character is called for in the community management plan; (8) Compatible with the character of buildings and site improvements in the surrounding area, unless a change of character is called for in the community management plan; (9) Not expected to substantially impair the use and enjoyment of the property in the area or have a materially adverse impact on the property values in the area when compared to the impairment or impact of generally permitted uses; (10) Provided with screening and buffering adequate to mitigate undesirable views and activities likely to disturb surrounding uses; (11) Not create a nuisance which generates smoke, noise, glare,vibration, odors,fumes, dust, electrical interference, general unsightliness, or other means; (12) Not cause excessive non-residential traffic on residential streets, parking needs that cause a demonstrable inconvenience to adjoining properties,traffic congestion, or unsafe access; (13) Designed to take into account the natural, scenic, and historic features of the area and to minimize environmental impact; (14) All exterior lighting shall be so directed so as not to cast glare toward or onto the public right-of- way or neighboring residential uses or districts; and (15) Not detrimental to the public health, public safety, or general welfare. (b) A conditional use permit may be granted subject to such conditions as the council may prescribe. (c) A conditional use permit shall remain in effect as long as the conditions imposed by the city council are observed, but nothing in this section shall prevent the city from enacting or amending official controls to change the status of conditional uses. (d) A certified copy of any conditional use permit shall be filed with the county recorder or registrar of titles. The conditional use permit shall include the legal description of the property included. (Code 1984,§10.09(6);Ord.No.77 3rd series,§1,7-12-2010) I Sec. 78-917. - Denial of permit. The council shall set forth contemporaneously in writing and in detail all the reasons for the denial of the conditional use permit application. No application for a conditional use permit which has been denied wholly or in part shall be resubmitted for a period of six months from the date of denial, except on grounds of new evidence or proof of changes of conditions found to be valid by the planning commission. (Code 1984,§10.09(7)) I Sec. 78-918. - Lapse of permit. A conditional use permit shall lapse one year following the date on which it became effective unless prior to that time a building permit is issued by the building inspector and construction is commenced and pursued toward completion on the site which was the subject of the conditional use permit application.A conditional use permit may be renewed for an additional period of one year provided the request is filed prior to the expiration of one year from the date when the use permit is filed with the zoning administrator.The council may grant or deny an application for renewal of a conditional use permit. (Code 1984,§10.09(8)) I Sec. 78-919. - Lapse of use. Should a conditional use permit lapse or cease for a period of six months, future use shall be in conformance with the terms of this chapter unless such lapse or cessation is determined to be due to illness, natural disaster or acts of war. (Code 1984,§10.09(9)) http://library.municode.com/print.aspx?clientlD=13094&HTMRequest=http%3 a%2f%2fli... 11/4/2010 Municode Page 4 of 4 State law reference—Conditional use permit duration, Minn. Stat. §462.3595, subd. 3. I Sec. 78-920. -Conditional use permits for nonconforming uses. All nonconforming uses actually and legally existing on December 1, 1974, shall be issued a conditional use permit upon application not later than January 1, 1976. Such conditional use permit shall allow the continuation of the nonconforming use to the same extent and degree as then existing on December 1, 1974. Such permits shall be granted without application fee, and the council shall be limited in such permits to the full and accurate statements of the conditions pertaining to the existing uses. Such permits shall not be subject to periodic review. (Code 1984,§10.09(10)) I Sec. 78-921. - Review upon neighbors' petition. Conditional use permits shall not be subject to periodic council review for the purpose of change or revocation unless such a review is one of the conditions of the original permit or unless the actual land use is determined to be in violation of the terms of the permit; however, upon petition of 75 percent or more of the adjacent property owners(defined here as those whose property lies within 1,000 feet of the property subject to the conditional use permit),the council shall hold a public hearing on the continuation of the permit.The council shall determine, after such public hearing,whether the continuation of the conditional use in question is consistent with the health, safety and general welfare of the residents of the city.The council may, after such petition and hearing, continue the conditional use permit unchanged; approve a new permit with such additional conditions as may be necessary to protect health, safety or general welfare; or terminate the existing conditional use permit. Upon termination of a conditional use permit,the council may allow the former conditional use permit to continue for such period not in excess of one year as may be required to provide time to move or otherwise relocate in a zone where such use is permitted. (Code 1984,§10.09(11)) I Sec. 78-922. - Unlawful act. It is unlawful to violate any condition of a conditional use permit. (Code 1984,§10.09(12)) I Secs. 78-923-78-945. - Reserved. http://library.municode.com/print.aspx?clientlD=13094&HTMRequest=http%3a%2f%2fli... 11/4/2010 • Municode Page 1 of 3 Orono, Minnesota, Code of Ordinances >> Title VI - LAND USE >> Chapter 78 -ZONING REGULATIONS » ARTICLE X. -SUPPLEMENTARY REQUIREMENTS AND RESTRICTIONS » DIVISION 4. -SIGNS » DIVISION 4. -SIGNS Sec.78-1466.-Signs as accessory use. Sec.78-1467.-Signs in R districts. Sec.78-1468.-Signs in B and I districts. Secs.78-1469-78-1490.-Reserved. I Sec. 78-1466. -Signs as accessory use. Signs are a permitted accessory use in all districts subject to the following regulations: (1) On right-of-way. Private signs are prohibited within the public right-of-way or easements, except that the council may grant a conditional use permit to locate signs and decorations on or within the right-of-way under their jurisdiction for a specified time not to exceed 90 days. No conditional use permit for such a sign shall be issued by the council if a conditional use permit or temporary sign permit had been issued in the previous 24 months to that property. (2) Flashing. Illuminated flashing signs shall not be permitted in any district. (3) Beams. Illuminated signs or devices giving off an intermittent, steady or rotating beam consisting of a collection or concentration of rays of light shall not be permitted in any district. (4) Sales signs. For purpose of selling, renting or leasing property, a sign not in excess of ten square feet per surface may be placed within the front yard of such property to be sold or leased. Such signs shall not be less than 15 feet from the right-of-way line unless flat against the structure. For the purpose of selling or promoting a residential project of six or more dwelling units, one sign not to exceed 48 square feet; a commercial area of three acres or more, or an industrial area of ten acres or more,one sign not to exceed 96 feet of advertising surface, may be erected upon the project site. Such sign shall not remain after 90 percent of the project is developed. (5) Existing signs. Signs existing on September 14, 1967,which do not conform to the regulations are a nonconforming use. (6) Traffic interference. No sign may be erected that, by reason of position, shape or color,would interfere in any way with the proper functioning or purpose of a traffic sign or signal. (7) Building wall signs. Signs shall not be painted directly on the outside wall of the building. Signs shall not be painted on a fence, rocks or similar structure or feature in any district. Paper and similar signs shall not be permanently attached directly to a building wall by an adhesive or similar means(temporary use of such signs is permitted per standards set forth in subsection (8)of this section). Signs shall be considered as a structure or fastened to another structure. (8) Temporary signs. a. There shall be no more than four temporary business signs issued per calendar year, and for a period of not more than ten days per time or of the duration of the event promoted by the sign message,whichever is less. The sign (including banners or balloons), sign supports or portable stand shall be removed from public view at the end of the period.Total area of the sign shall not exceed 32 square feet per surface(64 square feet total signage allowed for two-sided portable sign).Advertising balloons are not subject to area restrictions but must meet all applicable federal and state standards. b. There shall be no more than one temporary sign in any required yard area,and, if separate multiple signs are proposed,the total area of the signs shall not exceed 32 square feet. Temporary business signs require a building permit from the city. No such permit shall be issued by the city if a conditional use permit under section 78-1467(1)c has been issued to a residential property. No temporary sign shall be allowed in residential zones unless permitted as election or sale signs under this section. Multitenant buildings shall be considered as a single property for purposes of subsection (8) of this section; and the use of the single temporary business sign by tenants on the property shall be the responsibility of the property owner or designated manager,who shall endorse in writing all applications for sign permits. c. http://library.municode.com/print.aspx?clientlD=13094&HTMRequest=http%3 a%2f%2fli... 11/4/2010 Municode Page 2 of 3 The owner or manager of the sign and the owner of the property shall be equally responsible for the proper location, maintenance and removal of the sign.All temporary signs shall be located on a property so that they do not impede safety by obstructing vision of pedestrians or motor vehicle operators. d. The city may,without notice, remove any temporary sign erected in violation of this section or any other federal, state, or local law or ordinance. Any signs not claimed within 30 days after removal may be destroyed by the city. (9) Election signs. Election signs are permitted on private property in any district, provided such signs are removed within ten days following the election as related to the signs. No election sign shall be permitted in any district sooner than 46 days before the state primary for any state general election, and no sooner than two months prior to the election for an election other than a state general election. (10) Pylon sign. A sign supported by a post or posts so that the sign and supports are finished to grade by encasing the posts in a material consistent with the sign and where the base width dimension is a minimum of ten percent up to and including 50 percent of the greatest width of the sign. (11) Monument signs. One monument sign, limited to two faces is allowed per frontage per property, with a maximum of two.The areas of sign base, the supporting background structure, and the sign copy shall be combined for determining the total square footage and the height of the monument sign. a. The total allowable square footage shall not exceed 100 square feet per side. The base and supporting material shall constitute at least 25 percent of the total square footage. b. The base width dimension is 50 percent or more of the greatest width of the sign. c. The sign copy area shall have a minimum clearance of 20 inches above ground level. d. The sign copy area shall be completely enclosed within the monument materials. e. No portion of the sign or sign structure shall exceed ten feet above ground level. f. The monument sign base shall be constructed of materials similar in appearance to those of the principal structure and shall consist of brick, natural stone, stucco,textured cast stone, or integrally colored concrete masonry units.The structure surrounding the face of the sign from the base to the top of the sign must be solid, continuous, and consist of the base materials or complementary materials that match the appearance and color of the principal building. g. The 200 square feet of ground area around the base of the monument sign shall be landscaped with shrubs or perennials. (Code 1984,§10.61(1);Ord.No.97 2nd series,§§2,3,8-26-1991;Ord.No.6 3rd series,§1,4-26-2004;Ord.No.35 3rd series, §§1,2, 11-13-2006;Ord.No.70 3rd series,§1,4-26-2010) I Sec. 78-1467. -Signs in R districts. Within R districts,the following signs are permitted: (1) Nameplates. a. One nameplate sign for each dwelling, and such sign shall not exceed two square feet in area per surface, and no sign shall be so constructed as to have more than two surfaces. b. One nameplate sign for each dwelling group of six or more units, and such sign shall not exceed six square feet in area per surface,and no sign shall be so constructed as to have more than two surfaces. c. One nameplate sign for each permitted use or use by conditional permit other than residential, and such sign shall not exceed 12 square feet in area per surface. (2) Illumination. Symbols, statues, sculptures and integrated architectural features on nonresidential buildings may be illuminated by floodlights provided the direct source of light is not visible from the public right-of-way or adjacent residential district. (3) Setbacks. Any sign over one-half square foot shall be set back at least five feet from any property line. No sign shall exceed eight feet in height above the average grade level. Signs may be illuminated, but such lighting shall be diffused or indirect. (4) Home occupations. One nameplate sign containing name and address but not to contain business name or type of business, and such sign shall not exceed two square feet in area per surface, nor contain more than two surfaces. (Code 1984,§10.61(2);Ord.No.221 2nd series,§5,9-23-2002) http://library.municode.com/print.aspx?clientID=13 094&HTMRequest=http%3a%2f%2fli... 11/4/2010 Municode Page 3 of 3 I Sec. 78-1468. -Signs in B and I districts. Within the B and I districts,wall and monument signs are permitted subject to the following regulations: (1) 8-1, 8-2 and B-4:size. Within the B-1, B-2 and B-4 districts, the aggregate square footage of sign space per lot shall not exceed the sum of one square foot for each front foot of building, plus one square foot for each front foot of lot not occupied by a building. No individual sign shall exceed 50 square feet. (2) 8-3:size. Within the B-3 district,the aggregate square footage of sign space per lot shall not exceed the sum of four square feet per front foot of building, plus one square foot per front foot of property not occupied by a building. No individual sign surface shall exceed 100 square feet. (3) I:Within the I District, signs shall be permitted according to the regulations in section 78-832. (4) 8-1, 8-2 and 8-4:height.Within the B-1, B-2 and B-4 districts, no sign shall extend in height more than two feet above the highest outside wall or parapet of any principal building, nor shall any sign be located closer than ten feet from any property line; except that any sign over ten square feet may project two feet into any required yard area from the principal building. (5) 8-3 and I:height. Within any B-3 or I district, no sign shall extend in height more than six feet in height above the highest outside wall or parapet of any principal building. No sign shall be located closer than ten feet from any property line, except that any sign exceeding ten square feet may project only two feet into the yard area from any building. (Code 1984,§10.61(3);Ord.No.6 3rd series,§2,4-26-2004;Ord.No.32 3rd series,§5,3-27-2006) I Secs. 78-1469-78-1490. - Reserved. http://library.municode.com/print.aspx?clientlD=13 094&HTMRequest=http%3 a%2f%2fli... 11/4/2010 Mike Gaffron From: Mike Gaffron Sent: Wednesday, July 14, 2010 9:56 AM To: Christine Mattson; Melanie Curtis; Evelyn M. Turner; Lyle Oman; Willie Gibbs Subject: Boat Club Truck at 1440 Shoreline Drive FYI: I just had a phone discussion with Luke Kujawa of the Boat Club that we chased out of 1440 Shoreline Drive. Although the building signs are down, the truck with signage is still parked at the site. Kujawa called because their downtown office was flooded over the 4th of July and their operation is in total disarray. He asked for additional time to remove the truck. I agreed to the following: 1) He will immediately move the truck to one of the commercial marina parcels in a location set back from the road to make it as invisible from the road as possible. 2) He will remove the truck from the site totally no later than Friday July 30. 3) If it's still there on Monday August 2, that's a problem. Mike Michael P.Gaffron Assistant City Administrator/Long Term Strategy City of Orono (Street Address)2750 Kelley Parkway (Mailing Address) P.O. Box 66,Crystal Bay,MN 55323 Phone:(952)249-4600 Fax: (952)249-4616 1 3.6£b0.£8S £6'SSZ R�2. ' _8e-s,_ PIL r) 0 *m I:,g 1-... m o 1d\��d 6g6\1 1?; ` /1.// l�L0�`d ,01. co 0 6hhl d 1;54. 1.; em) (9) ,..in----,--:.-.' 4:13.. ,,, is - ;...,,,10 ,,. ..„ ..8 101„,..- (i7-007. ,. .>;\\\'‘\ ' (7,. o (0 J ,.- ..,, ,. �� =01 .. o/£O r: \ a \ Qp \ co .. co 3,... ...., ...., a 2\ cr.\ i el (SI) \\ Z N \ 8 l0 u N *•-r‘ 1 ' \ 1,j‘ � \ 1 1 ,7.,-15....0 • M•OS 6Z 68/-- 8Z'b£ Z6'ISI ... £S 6 _'_•Z_Z _N2 A3A,N - 50,£ 6�'£bl 9N M.0'6S O Nn£Z'SSb--_ •8£-, ..... bl•Ob (6) 60'15 - o• g 3.61.00.68N £6'66Z J. • e ,0 7 � � aa A1. 1N o0BC7EC os °� - \ (01) o �m s o0 o• = L Sal 60'SZII ��S\�gv i iiV » o. 1 1.0 I N I o I n o O • ��i• �` ;; a O CITY of ORONO vt, 4c Municipal Offices + Street Address: Mailing Address: 4kis80¢ 2750 Kelley Parkway P.O. Box 66 Orono, MN 55356 Crystal Bay, MN 55323-0066 June 25, 2010 SENT VIA CERTIFIED MAIL 7007 2680 0002 3457 1952 Maciek G. Kaminski Tanager Bay LLC 294 Grove Lane E #100 Wayzata, MN 55391 RE: Notice of Violation 1440 Shoreline Drive PIN: 11-117-23-22-0004 Staff has observed signage advertising the future home of Your Boat Club at your property, 1440 Shoreline Drive. The above address is located in the LR-1A Single Family Lakeshore Residential Zoning District. Commercial signage in a residential district is in violation of City Code Section 78-1467. Also, operation of a Boat Club is not an allowed use in the LR-1A District per City Code Sections 78-302/303. Boat Clubs are only allowed within the B-2 Lakeshore Business District, and then only via a Conditional Use Permit per City Code Section 78-666. This letter will serve as your notice that you must discontinue the advertisement of the commercial use at your residential property before Monday, July 12, 2010. To bring your property into compliance, all signage, including the truck parked on the lot must be removed. Please be advised, if you fail to correct the violations this matter will be sent to the City Attorney for review and may result in criminal prosecution. I have attached the pertinent City Codes for your reference. I have spoken with Mr. Michael Jellish of Your Boat Club and am willing to meet with the involved parties to discuss this issue. If you have any questions, please don't hesitate to call me at 952.249.4622. Sincerely, CITY OF ORONO Michael P. Gaffron Assistant City Administrator cc: Michael Jellish & Luke Kujawa via US Mail Attachments: City Code Sections 78-1467, 78-302, 78-303 and 78-666 Telephone(952)249-4600 • Fax(952)249-4616 www.ci.orono.mn.us _ Sec. 78-1467. Signs in R districts. Within R districts, the following signs are permitted: (1) Nameplates. a. One nameplate sign for each dwelling, and such sign shall not exceed two square feet in area per surface, and no sign shall be so constructed as to have more than two surfaces. b. One nameplate sign for each dwelling group of six or more units, and such sign shall not exceed six square feet in area per surface, and no sign shall be so constructed as to have more than two surfaces. c. One nameplate sign for each permitted use or use by conditional permit other than residential, and such sign shall not exceed 12 square feet in area per surface. (2) Illumination. Symbols, statues, sculptures and integrated architectural features on nonresidential buildings may be illuminated by floodlights provided the direct source of light is not visible from the public right-of-way or adjacent residential district. (3) Setbacks. Any sign over one-half square foot shall be set back at least five feet from any property line. No sign shall exceed eight feet in height above the average grade level. Signs may be illuminated, but such lighting shall be diffused or indirect. (4) Home occupations. One nameplate sign containing name and address but not to contain business name or type of business, and such sign shall not exceed two square feet in area per surface, nor contain more than two surfaces. (Code 1984, § 10.61(2); Ord. No. 221 2nd series, § 5, 9-23-2002) Sec. 78-302. Permitted uses. Within the LR-1A one-family lakeshore residential district, no land or structures shall be used except for one or more of the following uses: (1) One-family detached dwellings. (2) Publicly owned parks and playgrounds. (3) Municipal buildings. (4) Nonrental guest apartments (no exterior ingress or egress). An apartment within the principal residence structure on a lot for the sole use of the occupants of the principal residence, including their domestic employees or nonpaying guests. The only means of ingress or egress to the apartment shall be from within the principal structure. Application for such a guest apartment shall address the concerns of parking, sewage treatment, entryway and interior access method. Such apartments shall not have utilities metered separately from the principal residence utilities and shall not have a separate street address. (Code 1984, §§ 10.20(2), 10.23(3); Ord. No. 44 3rd series, § 3, 2-25-2008) State Law References: State mandated permitted uses, Minn. Stat. §462.357, subd. 7. Sec. 78-303. Conditional uses. Within any LR-1A one-family lakeshore residential district, no structure or land shall be used for the following uses except by conditional use permit: (1) Public schools and parochial or private schools which teach a curriculum similar to a public school, provided no building shall be located within 50 feet of any lot line of an abutting lot in an R district and that a fence be erected 15 feet or more from all street lot lines where the abutting use is for open play, and nursery schools providing 50 square feet of playground space per pupil. (2) Uses accessory to a high school. The following uses are accessory to a high school use and require a separate conditional use permit: Indoor ice arenas. All such facilities and structures shall be located on the same tax parcel as the principal high school use to which they are accessory. No such structures shall be located less than 50 feet from any lot line of an abutting lot in an R district. Such facilities shall not be separated from the principal high school use by a public road. All such facilities shall be owned and operated by the school district, or by a nonprofit organization under a land lease arrangement with the school district. The developer of such a facility, prior to final conditional use permit approval by the city council, shall demonstrate financial capability to complete construction of the facility, by providing suitable documentation that at least 80 percent of the estimated project costs are in the control of the school district or nonprofit lessee. (3) Churches, including those related structures located on the same site which are an integral part of the church proper, and convents or homes for persons related to a religious function on the same site, provided no building other than a residence shall be located within 50 feet of any lot line of an abutting lot in an R district. (4) Golf courses, country clubs, tennis clubs, public swimming pools serving more than one family, scout camps, YMCA camps, YWCA camps, church camps, or private nonprofit parks, playgrounds and other similar uses. The principal structure for any of these uses shall be 100 feet or more from any abutting lot in an R district, and accessory structures shall be a minimum of 50 feet from any lot line. (5) Public service structures, including but not limited to electric transmission lines, buildings, such as telephone exchange stations, booster or pressure regulating stations, wells and plumbing stations, elevated tanks, lift stations and electrical power substations, provided no building shall be located within 50 feet from any lot line of an abutting lot in an R district. Prior to granting such permit it shall be found that the architectural design of service structures is compatible to the neighborhood in which it is to be located and thus will promote the general welfare. Public service structures that have been approved by the city at required public hearings for public improvements projects shall not require a conditional use permit, but such structures shall be subject to all other appropriate standards set forth in this section; amendments to approved plans involving design and/or placement of these structures will require written notice by the city to all affected property owners 14 days prior to the adoption of the amended plans by the council. Personal wireless services and commercial broadcasting antennas and towers shall not be considered public service structures. (6) Commercial greenhouses, provided all outside storage is fenced in such a manner so as to screen the stored material from view when observed from the public street or adjoining lot. Commercial greenhouse structures shall not be located in a required yard area and are subject further to the general requirements of this chapter pertaining to accessory structures. (7) Private gun clubs, archery ranges, and ski slides, provided the area is fenced and no part of the principal use is less than 150 feet from any lot line. (8) Guest houses and nonrental guest apartments. a. Guest houses. A separate dwelling constructed on an existing undivided lot for the sole use of the occupants of the principal buildings, including their domestic employees or their non-paying guests. All regular lot requirements shall be met by the guest house. b. Nonrental guest apartments (exterior ingress and egress allowed). An apartment within the principal residence structure on a lot for the sole us of the occupants of the principal residence, including their domestic employees or nonpaying guests. There shall be at least one access door to the apartment from within the principal structure, and such door shall be the primary access to the apartment. The apartment shall be allowed to have a door for ingress and egress to the exterior of to the building. Application for such a guest apartment shall address the concerns of parking, sewage treatment, entryway and interior access method. Such apartments shall not have utilities metered separately from the principal residence utilities and shall not have a separate street address. (9) Planned Residential Development, limited to detached single-family dwellings only and subject to the limitations of division 10 of this article. (10) Duplex credit. One duplex may be located as a conditional use upon application, provided that public sanitary sewerage service is available, and the lot is adjacent to a commercial or industrial district, or within 250 feet of the B-3 district, and the duplex is constructed within 200 feet of the commercial or industrial district. (11) Apiaries. (12) Farms (crop and stock), provided the area is ten or more acres. (13) The keeping of domestic animals for noncommercial purposes, including horses for the use of the occupants of the premises. A minimum of one acre in aggregate, exclusive of one acre for the principal building, must be available for each animal unit, except as set forth in this subsection. A minimum of two acres of open pasture must be available for a single horse, and one additional acre must be available for each additional horse. When the horses are kept stabled and do not require pasture for feed purposes, the minimum pasture requirement may be adjusted at the discretion of the council. Such minimum pasture acreage shall not include wetlands as defined in section 78-1602. Any person keeping such animals must comply with the provisions of this Code. (14) Stables and barns, private. The use of an accessory building for keeping animals for noncommercial purposes, provided it is for the noncommercial use of the property owner or resident and meets the available area standards outlined in subsection (13) of this section. Further, no such structure shall be located less than 150 feet from the nearest adjacent residence and no closer than 75 feet from the nearest lot line. (15) Stables and barns, public. The use of accessory buildings or land for the storage or rearing of animals not owned by the property owner or resident. Such use must meet the requirements of section 78-74. Further, no such structure shall be located less than 150 feet from the nearest lot line. (16) Riding academy. Any such instruction maintained as an accessory use and conducted by the owner shall meet the requirements of subsections (13), (14) and (15) of this section; and no such instruction shall occur less than 100 feet from an adjacent residence or less than 75 feet from the nearest lot line. (17) The provision of a bathtub or shower in an accessory building. Approval shall be conditioned on provision of municipal sanitary sewer or a conforming sewage treatment system designed to handle the anticipated flows from the building plumbing. Approval shall be granted only when the following criteria are met: a. The council finds that the proposed use of the accessory structure with a bathtub or shower will not be detrimental to the residential character of the neighborhood. b. The council finds that the plumbing fixtures proposed are in keeping with the intended use of the accessory building. c. The accessory building is conforming in location, size and height. d. The property owner agrees to the filing of a covenant in the title of the property providing that the accessory building will not be: 1. Used for a home occupation unless specifically approved by the city or if allowed by this Code. 2. Used as a dwelling unless a guest house conditional use permit is obtained. 3. Rented, leased or otherwise provided for use as a dwelling under any circumstances. (Code 1984, §§ 10.20(3), 10.23(4); Ord. No. 145 2nd series, § 1, 3-11-1996; Ord. No. 161 2nd series, §§ 3, 4, 6-7-1997; Ord. No. 178 2nd series, § 1, 12-8-1997; Ord. No. 179 2nd series, § 2, 10-12-1998; Ord. No. 28 3rd series, § 5, 8-22-2005; Ord. No. 44 3rd series, § 3, 2-25-2008; Ord. No. 45 3rd series, § 3, 2- 25-2008) 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 structure or land shall be used for the following uses without a conditional use permit: (1) 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, § 10.41(7); Ord. No. 132 2nd series, §2, 1-23-1995) 41 i New business to offer 'boat timeshares' on Prior Lake Page 1 of 2 Southwest Published on Prior Lake American(http://www.plamerican.com) New business to offer 'boat timeshares' on Prior Lake By Lori Carlson Created 04/06/2010 - 4:24pm By Lori Carlson, Editor A new business will offer club memberships and boat"timeshares" on Prior Lake this spring and summer. Your Boat Club, co-owned by former Crystal-Pierz Marine president Luke Kujawa and his business partner, Michael Jellish, has added Prior Lake to its growing list of locations. The company will offer a"whole fleet" of boats at its on-the-water location, in the Water's Edge business development near Boudin Street and Highway 13. Jellish told Prior Lake City Council members about the business on Monday, saying the company would offer use of a variety of fishing, water skiing and pontoon boats. Members would pay between$2,000 and $5,000 per year for access to boats, depending on their preferences. The fees include everything except gas and extras such as tow ropes, said Jellish. The company will require all members to pass background checks so they qualify for the company's insurance, Jellish added. Members also must attend a two-hour orientation session and a tour of Prior Lake. "We're finding most people joining the club are somewhat familiar with boating already. Most of our members are not amateur boaters," Jellish said. Advertisement. Article continues below. Excellent hzalth care, in your community lorii'liaboglaii7,At Ala* Learn more about Family Birthing Center 'Ask St. Francis' Information Line 952-403-2000 The company already has leased property for similar businesses in Brainerd and Ramsey. For more information, visit www.yourboatclub.net [2]. http://www.plamerican.com/node/10268/print 6/25/2010 411. 4 New business to offer 'boat timeshares' on Prior Lake Page 2 of 2 Lori Carlson can be reached at (952) 345-6378 or editor@plamerican.com [37. Source URL: http://www.plamerican.com/news/business/new-business-offer-boat-timeshares-prior-lake-104 Links: [1] http://www.rwpads.net/www/delivery/ck.php?n=plam4acab6c [2] http://www.yourboatclub.net [3] mailto:editor@plamerican.com http://www.plamerican.com/node/10268/print 6/25/2010 VIOLATION 6-23-10 1440 Shoreline Drive MPG was advised via telephone conversation this afternoon of an apparent zoning violation at 1440 Shoreline Drive. Caller subsequently forwarded a photo showing a large sign (approximately 6' high by 12' wide) on the south wall of the residence structure at this property, advertising a"boat club"). Subject property is zoned LR-1A Single-family Lakeshore Residential, in which no commercial use is normally allowed. This property and the similarly zoned property to the immediate south have long been owned in common with the adjacent marina, and are the subject of a variety of Cit actions over the past 30 years. While these properties are zoned residentially,they are subject to a conditional use permit granted in the early 1980s which allows overflow marina customer parking of up to 21 vehicles in total on the two residential properties. No other commercial use of these properties is allowed, and the limited use that is allowed via CUP was the result of a rezoning agreement between the City and the then owners in 1980. 6-24-10 After additional research by Chris, we obtained the phone and website information for the proposed business. Business Name: Your Boat Club Website: yourboatclub.net Owners: Luke Kujawa(ph. 612-865-8879)&Michael Jellish(ph. 612-208-1800) Business Address: 10 South 5th Street, Suite#110 Minneapolis, MN 55402 Property Owner: Maciek G. Kaminski, dba Tanager Bay LLC 294 Grove Lane E., #100 Wayzata, MN 55391 MPG had a phone conversation this afternoon with Mr. Jellish, advising him of the violation and telling him to expect a letter very shortly,requiring him to cease operations and remove the signage at this site. I also advised him of the zoning situation and that even if he can move the operation to the vacant marina building at 1444 Shoreline, a CUP will still be needed to operate a boat club. Jellish indicated the following: Your Boat Club operates successfully in Prior Lake and has plans to expand to Lake Minnetonka. They had worked out a lease with Marine Max for office space and slips at 1444, and spent$20,000 on initial advertising,then received a call from marine Max who indicated they were ceasing operations at this site, that because they had `written off' this location they are unable to legally realize any income from the site, and that they have a lease through August 2011. Jellish and Kujawa then approached the owner (Kaminski) who offered them the building at 1440 for a long-term lease situation with the intent they would remodel the property since it is in poor condition. 6-25-10 Violation Letter sent to Owner and Club (see letter) .ipwm>t. i , \ coreFilek Nyo /447-Re frr-74-1 etef 1141/UM' C"feLJ cote-z- 7-4-v45- 6 -7 ie-ethormc- , AA 1)19°12-P6)1 lo 5 ' 5ç 1/o2 144661/41V7- tiAliciJV y4,4 tl wa-v,(5.0 ry4/ wijo(it.o /t/LA arvk 0„ - . /11/,‘01.40-( 1176Kr. \\\\\ NW7 i 1 1 j • th Club ? BY JONATHAN HOUR r � d: .' IR►tANfi ...J. , , ,. BOATS .__--- , ,, FOR - .. '. . Illit-Ial" � HIRE t With boat clubs "x Club Membership gaining popularity, Required some see an . opportunity to boost participation and 1 . 1 , I sell more boats. t. . ;.L . rr"` ,, e've all heard the joke, "What are the two best days of a boat owner's life? The day he buys the boat and the day he sells it." If you ever laughed at that, it was probably because you recognized at least a kernel of truth in the punchline. There have been a lot of first-time owners who have left boating for good after the experience they'd imagined did not match the reality they met. 30 Boating Industry-MARCH 2010 www.boating-industry.com In these uncertain times,it's more difficultHARM 11 e ing pretty nice for you," Church says. than ever for boat dealers to coax potential "[he club] is a nice fit for us because it customers onto the water.For many would- " � enables people who want to try boating, be boaters, it has always been a pretty big but don't want to get into it too deep until leap from interested spectator to owner.But . they see if it works out for them.And after what if there was a middle ground that could someone has been with us for a year,they help span the gap?An increasing number of Nekmne to Bartlett take Marina! . Lf i4 become a much more sophisticated companies are betting that boat clubs will be - boater.They now know what kind of boat that bridge. they want to buy,and then they go to the Far from hurting boat sales,as some deal- .._ Sea Ray dealership" erships fear, advocates contend that clubs While not a dealer himself, Church Arizona's Bartlett Lake Marina began its boat deepen the ownership pool and not only club in 2002 and now sells management soft- believes boat clubs are not only a profit spur sales, but allow those buyers to make ware to others looking to do the same, center dealerships can take advantage of, more informed decisions,leading to a better but are also an important tool they—and boating experience and additional salesthe industry as a whole—should be using down the line. They also stress the added •M T h a t s S 5 0 to increase boating participation and revenue boat dubs can offer the dealerships7 boost sales. and marinas that embrace them. we wouldn't "I'm afraid we're going to lose our The dub concept is not new and is cer- entry-level people over the next couple of tainly not for everybody, but if you own a get a penny of years,"he says. "The financing's not there dealership or a marina and have dismissedand people have reset their thinking about boat clubs in the past,it may be time to take if it wasn't t o r taking on debt. So I see boat dubs as another look becoming a vital asset for our industry. I the boat club.'r just don't see how the old formula is going Money to be made to work anymore,where you just wait for The 90-member boat club at Arizona's Bryan Church, co-owner, people to come into the showroom and Bartlett Lake Marina generates $300,000 a Bartlett Lake Marina and give them 90 percent financing on a boat year in gross income,and the company esti- Bartlett Lake Boat Club for 15 years.Those days are over." mates each person who comes along for a day-use trip will spend $50 per outing on The dealer's perspective refreshments,fuel,etc.,on top of that. Port Harbor Marine,a two-location Maine "That's$50 we wouldn't get a penny of if dealership, started its boat club last year it wasn't for the boat club," says Bryan 'e"' 4 with a $4,000 investment in a software Church, co-owner of Bartlett Lake Marina -.gabRalt management system, a few forms and and Bartlett Lake Boat Club,"because most some marketing dollars.After that,accord- of these people who are members of the boating to president Rob Soucy, "It was all dub would not be boating otherwise:' �'�m found money:' The dub gears its marketing toward spe- The relatively inexpensive start-up cost cific demographics such as entry-level fami- -... was possible because Port Harbor already lies or former owners who have left boating had much of the necessary infrastructure in in the previous 12 months,and Church says = place thanks to the boat rental program the mothers are also one of the company's core _ dealership began a few years ago after groups, with several that are completely ® Genmar's attempt at a rental program with comfortable bringing a carload of kids to the w _ its Triumph brand came to an end. Port lake for a day. The boat club at Port Harbor Marine grew out Harbor,a Triumph dealer,was fully behind Members pay $265 per month, year of the dealership's successful,and lucrative, Genmar's concept at the time and contin- round,and the dub keeps a ratio of about 10 rental business. ues to do well with its own rental opera- members to a boat.Church says that even if tion,which Soucy says creates a good deal it takes half of those members'dues to cover of cash flow for the company. expenses (boat payment, maintenance, Because Maine is a tourist destination in insurance, etc.) the club is still earning the summertime,customers come and rent $1,325 per month on each of its boats. (For a house for a month,then rent a boat to go a more detailed explanation of boat club along with it. It's not uncommon for Port operations, please see "How a Boat Club Harbor to make six or seven thousand dol- Works"on p.32.) lars off of those rentals. However, long- "So ong"So this is where the numbers start work- term rentals like that are fairly rare, espe- www.boating-industry.com MARCH 2010-Boating Industry 31 Join the Club. HOW A BOAT 4.0 The boat-club guy, I think CLUB WORKS they take a little bit more Different boats,different price points,different ownership, kind of like, `This rules:No two boat clubs are exactly the same,but most do share a fundamental framework by which is my boat because I'm going they operate. Members are usually required to pay a one-time fee to join,then monthly dues,and membership to want to use it again. •t,, often requires a one-year(or one season)commit- ment.Clubs also often offer different membership Rob Soucy, president, Port Harbor Marine packages and sometimes have different levels within those packages. Maine's Port Harbor Boat Club has two pack- ages.The"Family Membership"gives customers access to four boats(sizes range from 15-to 28- cially compared to the day-rental business most dealers generate. feet and styles include aluminum skiffs,cabin cruis- Customers who rent by the hour are also often different than the typical boat ers,ski boats and center console fishing boats), seven days a week,at each Port Harbor location- club customer.But some dealers are put off by the idea of boat clubs based on the one on the ocean and the other on Sebago Lake- stereotypical view of a rental customer-someone who doesn't know what he or the second biggest lake in the state. she is doing and certainly doesn't care what happens to the boat.While in some Port Harbor's"Business Membership"is a bit cases that stereotype fits,Soucy says boat club members are usually far more con- more expensive-$4,995 compared to the$3,495 family-package cost-and is for weekday use only. scientious about"their"vessels. However,the membership allows for three designat- "The boat-club guy,I think they take a little bit more ownership,kind of like, ed captains,making it possible to more easily enter- 'This is my boat because I'm going to want to use it again,"'he says."So they take tain clients or reward employees. a little bit more care of it:' Port Harbor provides the boats,safety and Luke Kujawa,former president ofCrystal-Pierz Marine,one of the largest boat basic navigation equipment as well as the slips, then has fishing and watersports packages avail- dealers in the Midwest,agrees."It's way better on the club side than it is on some able for rent and fuel,which members are respon- of these guys that are going out and just renting boats for a day with no orienta- sible for,also on sale. tion,that just get in and go,"he says.'Almost every club owner I've talked to has Another approach is that used by Minnesota's rented boats as well.Unanimously,they say the difference between how a rental Your Boat Club,which also has two membership boat comes back and how a club boat comes back is night and day.With club packages,both based on how many reservations a club member can have in the system at any one boats,people eo le do take ownership.That is their boat' g time.The Explorer Membership is the basic package Crystal-Pierz was recently sold to Tracker Marine Group and Kujawa is in the and allows customers to have one reservation in the process of launching a new boat club in Minnesota, called "Your Boat Club," system at a time-they can pick any day they would which he hopes will eventually expand throughout the Upper Midwest. like and reserve a boat for that day.Once that reser- vation is used,they can put another in the system "I really like the boat club concept,"Kujawa says. "There's a certain percent- immediately.And members are also allowed unlimit- age of people for whom owing a boat makes sense,but there's an even larger seg- ed"spontaneous"boating,so,if they get off work ment of people who aren't boaters because of all the limiting factors and chal- early and a boat is available,they can use it.The lenges with owning a boat.This makes a ton of sense for them.It seems like the Voyager Membership is more expensive,but allows customers to reserve up to three consecutive days in club concept is growing really fast:' the system,giving them access to the boat for a Port Harbor certainly thinks so.Because,while its rental operation has done long weekend,for example. very well-as has a subsequent internal program created to make boats available Along with the two membership packages,Your for employees-the company believed it could take things to the next level by Boat Club also has different club levels within those starting a boat club,and that doing so was a"no-brainer." packages that designate the different boats mem- bers have access to.At the most basic level,a "We said,'We're a boat dealer,we already have the boats,we're already doing member can only use a 17-foot runabout or fishing this with our own crew members,now let's put it out there and try it and charge boat-although that person can upgrade for a fee. membership,"'Soucy explains."Being a boat dealer and being in tune with what Members at higher club levels have access to all the it takes to own and operate a boat certainly helped.Sometimes we would sell a boats at the lower levels and those at the top"Pier boat club boat and then we'd have toget one readyto replace it.But that was the 3"level can use the club's largest vessels:23-foot p pleasure boats,24-foot luxury pontoons or 20-foot advantage of being a boat dealer vs.just a company going out and saying, `I'm tournament fiberglass bass or walleye boats. going to start this boat club and I have to go out and buy 10 boats:We already Most boat clubs also have a certain ratio of mem- had the inventory,plus we could service them" bers to boats.Carefree Boat Club,which has lova The company did not enjoy an economic windfall as a result of the club.In tions in six states and the District of Columbia,keeps a ratio of 10 customers per boat.Carefree members fact,Port Harbor didn't achieve its goal of enrolling 25 members in the first year also have reciprocity between locations,allowing because of delays in rolling the program out,questions about where to market it them to use boats at any of the Carefree facilities. and poor weather.But Soucy maintains-as with the company's boat rental pro- gram,new locations and product lines-that it generally takes three years before 32 BoatingIndustry-MARCH 2010 www.boating-industry.com a dealership can realistically expect to achieve the results it envi- When we first started this thing,a lot of the boat dealers here were sioned when the venture began. like,'Oh man,this is really going to cut into our sales:But it really "We still believe in it,even though we fell short of our goals,he doesn't,because a lot of people that join the club were not neces- says."The boat club customers absolutely loved it." sarily going to be boat owners:' The members of Port Harbor's boat club included people who Don Spong has come to the same conclusion. President of were new to boating,some who liked the freedom of using a pon- Nautical Toys International,a company based in Tampa that licens- toon one day and ski boat the next,and others who could just no es its expertise and infrastructure to people looking to open a boat longer afford to be owners. club,Spong started his first As a boat dealer,Soucy was understandably concerned that pro- club in 1993 and was one viding his dealership's customers-some of whom might be poten- of the industry's pioneers. tial boat buyers-an alternative to boat ownership would cost the He says that half the mem- .,* company sales.But in researching that possibility,he found that all bers at the six clubs of the other dealers he talked with,many in his own 20 Group,told Nautical Toys currently 6"" " him that, in their experience, boat clubs helped sales rather than works with are previous , hurt them. boat owners,but the other M..... F "Everyone that I've talked to that was in a boat-club-rich area half are new to boating. like Virginia Beach,North Carolina,places like that,said that boat "They have never clubs-not ones that they owned,but the neighboring boat-club owned a boat and proba- company-only helped their business,"Soucy says. bly would never even buy One of two things would invariably happen to the club mem- a boat if it wasn't for a boat club,"Spong says."We have people that bers,Soucy was told.Either they loved boating so much that they will come in and tell us,'I've been thinking about buying a boat,but would end up buying their own boats to escape the club's access before I spend thirty or forty thousand dollars,I want to make sure restrictions,or they had a bad experience,usually because the boats that I'm doing the right thing.So I'm only going to be in the club were shoddy or poorly maintained,and left the club to buy a bet- for a year.'They'll tell you this on the front end.A lot of those peo- ter boat of their own. Not all dealers see it that way.Frank Fahringer,business devel- opment manager of Carefree Boat Clubs,says he's encountered a number of dealerships that simply do not want to do business with him. Fahringer, who has operated a boat club in Virginia since MARINE 2002, and whose company licenses the Carefree system to otherDEllikER locations,has met dealers who"look at us like we stole right out of their pocket. 0 P P O R T UNIT TIIE S OPEN "Some boat dealers get it,"Fahringer says."We've had very good luck in finding boat dealer partners that would work with us, and we've found some that are absolutely against us,because they see us as everybody that joins the club is a potential lost sale for them.And that's just not the case.I mean there are some,I will not tell you a ti{)L story.There are some people that would have bought a boat if we ,,DI) ik �, were not available But most of our members were not going to buy �; �'� � boats,at least not right away.It's just too big a commitment." _ ,t l i,' 1 I LS Carefree prefers to work with the dealerships near its loca- IS I tions.Fahringer says the company's District of Columbia location ' has a strong working relationship with Prince William Marina, buying boats and parts and getting its service work done there. The dealership gives the club good deals for its business and, in return, Carefree promotes Prince William to members who are _ - looking to buy boats. "The idea is that our members will graduate from the club and buy boats,"Fahringer says. "So we want them to buy boats from our partners.We absolutely do" Church believes that, for the most part, potential boat club members are not drawn from the same pool as people interested in CAREFREE buying boats."Somebody may be all hot and heavy about buying Contact: a boat but then look at the boat club as a better deal,that may hap- Frank Fahringer pen,"he says."But somebody that's going to buy a boat probably 75 7.8 70.12 70 BOAT CLUB isn't interested in a boat club because of the restrictions attached. Frank@carefreeboats.com www.carefreeboats.com www.boating-industry.com MARCH 2010-Boating Industry 33 Join the Club? FRACTIONALS r Boat clubs are not the same as businesses that operate using a fractional model. In a boat club, the business owner buys and maintains the boats and the customer pays to have access to the dif- • •' ferent boats in the fleet,but has no ownership stake in them. Fractional usage is different in that customers are leased or deeded"ownership"in a specific boat -these are usually larger,more sophisticated vessels than you would find in a boat club-giving them , access to that vessel for certain periods of time.But they do not own the boat itself. O- 4 The SailTime Group LLC,one of the largest fractional-usage businesses in the industry,is a good example of this.Boat owners sign a boat management agreement with the company allowing .:•: SailTime's customers the use of their boats. .. "The owner of the boat,the benefit he gets is payments for putting the boat in our program and the tax benefits and all the other things that go along with owning the boat;"explains George Bonelli, founder and CEO of SailTime."The members,who own zero percent,are effectively paying to use the boat-based on the size of the boat,based on the type of membership:' ,...,,There are some While the fractional access that SailTime offers is sometimes confused with the boat club concept, it is also often confused with fractional ownership.In this arrangement,a group of people pools money [articles that to buy a boat together.In many cases,management companies are hired as overseers to handle main- tenance issues,scheduling,etc.,but the group owns the boat.If it is someday sold,the group's mem- suggest] people are bers get that money. looking to gather experience rather than assets. ,ri ple will go out and buy a boat.They want marinas and dealerships to run their own to be boat owners,and that's a good thing." clubs smoothly and efficiently. He says George Bonelli.founder and CEO. As for the club members that have some of those who have purchased the SailTime Group LLC already owned a boat,Spong says they are program are entrepreneurs,and they then the people that have been aggravated by approach marinas about setting up a club boat ownership,for one reason or another, within their facilities. and are not likely to buy again. "That's one way to do it,but I think a up,hooks a boat to the car,and heads off marina is leaving too much on the table if to the lake. Clubs for the landlocked it already has a boat rental operation," This is precisely the model Kujawa has Port Harbor not only had the systems and Church says. "Having someone come in in mind for Your Boat Club. There are procedures already in place when its boat and set up a boat club,I think the marina three locations as of this writing,but he is club began, the dealership also had the operator,or the dealer,or whoever it may looking for others,with the stipulation that best of both worlds in terms of location be,is leaving a lot on the table there,unless they be smaller sites with easy access and and services.A dealer that also operates a they can negotiate a good back-end deal good visibility. marina,or a marina that sells and services for themselves,which they could" 'The common thing with clubs the boats,seem to be the best places to try and Based in Arizona, Church says none way I've seen them is they're locked into make the boat club concept work of the state's dealerships are on-water that marina that they're at," Kujawa says. In fact, Church has developed a pro- locations,but he believes there is no rea- "It's one location and you pick the boat up gram called Boat Club Manager,which is son a landlocked facility could not start a there and take it out on the water,which is a Web-based software system that allows boat club of its own: the customer pulls great for that.But that's not how we boat in Minnesota for the most part. In Minnesota,boaters enjoy exploring differ- entAuthorized Dealer/Repair Center for: lakes;we enjoy different types of boat Jr rJf,ev ing.If you're going up to the cabin for the jar :f11fl HONDA weekend with some friends and need a (Co ��,� ninnine boat,perfect,come get it and go:' t`' 1-866-277-7944 Kujawa believes trailering as a part of One Year Warranty! www.marinerebuild&,com club membership makes sense in places 0lir 1Q 1"4, Sc'llisfaction Guarantee Says It A;:a wherepeoplehavealotofexperiencetow- ing boats,but may not be such a good idea Quality Marine Products•All Major Manufacturers Available in large cities or other locations where the Powerheads•Gearcases•Sterndrives•Engine/Sterndrive Packages customer base isn't,by and large,as famil- Machining Services•Remanufactured&New Marine Products iar with towing. Crankshaft&Gearcase Repairill -17L/ Soucy says some highway dealers Ilk Ihr would be reluctant to get into boat clubs I 14 34 BoatingIndustry-MARCH 2010 www.boating-industry.com based on their locations. But in an area '.we're kind of like, a little bit here, a that's boating friendly- on the coasts or little bit more here you have all these nearsuwants owter-with a lot different profit centers and at the end of of people that want to go boating but just don't have the income to own a boat,he the day it can add up to a lot. •j*� thinks boat clubs are a good way to tap the market. Rob Soucy, president, Port Harbor Marine Looking ahead With over 50 bases in five countries on two continents,the SailTime Group LLC company had a hard time convincing the looking for that silver bullet, magic pill offers customers access to 160 boats - marine industry the concept was one that that's going to do it all for them,turn their both power and sail.The company is not could be profitable and would succeed.But dealership around and make them a ton of a boat club; it offers boaters fractional that has changed. money," Soucy says. ""That's not our phi- usage at its franchised locations.(To learn "The idea of selling a share of a boat losophy,we're kind of like,a little bit here, about the differences between boat clubs was always a challenge, because a dealer a little bit more here,you have all these dif- and fractional usage, please see has enough of a challenge selling a boat ferent profit centers and at the end of the "Fractionals"on p.34.)But the concept is once,"Bonelli says."Now we have dealers day it can add up to a lot similar and George Bonelli, SailTime's coming around and they really were forced "So if you say,'I want to make$500,000 founder and CEO, is one of the leading to kind of look at things differently because at this thing'then you're probably unrealis- advocates for the shared-usage model as of the challenges that have been placed in tic.But if you say,'If!can add another thir- a means to help move the boating indus- front of them,and sales have taken a corn- ty or forty grand to the bottom line and try forward. plete dive. Now, 'OK,we have to look at not have a whole lot of headaches with it, "This market segment is here to stay,it's something different to keep moving for- then it may be worth it. And then you going to grow," Bonelli says. "If you go ward.' It's kind of shined a light on what grow from there".t back to Grow Boating and all of the goals we're doing. of growing boating participation, we are "I do believe... that boat sales are not the purest form of growing boating partici- going to go back to where they were.If it pation that exists, I believe. What we're ever might get there, who knows how doing is providing people the opportunity long the cycle is.I think the memory that to try it on a membership basis.You can do people are going to have around this par- it for a year,we'll train you.We have the full ticular financial scenario is going to be *vat road map - from the person who hasn't longer. I think for people, generally, buy boated to the person who has left boating- ing boats that they don't use is going to be fs -10901111 to get back on the water" less and less because of the emergence of Bonelli-who has been invited to give this option." a presentation at an upcoming meeting of the International Council of Marine Working together r ': Industry Associations on fractional use as a Embrace boat clubs and work with them: tool to grow boating participation - says that's the message Church has been trying SailTime's customers have changed over to convey to the dealerships near his club, the last 18 to 24 months. Those that are which is an hour outside of Phoenix He Di v e N Dog i s a less resilient economically can no longer has asked those dealers to mention the s t e e I f a b r i cat o afford boating as a discretionary expendi- club to customers who come in to buy a Fl or i da . We pr ture,but the folks that are up a rung or two boat but end up not being able to make the ex t e n s i v e s e I e c on the economic ladder, who may have financial numbers work. The customer marl n e a c c e s s o r bought a boat in the past, have decided then stays with the club,and stays a boater, s t e e r i ng wheel s , that sharing one might make better sense until he or she is able to afford a boat. c I eat s , anchor for them these days. For his part,Soucy sees the Port Harbor utilize o n l y "They're less interested in buying big- Boat Club as another profit center for his t e c h n o I o g i es to ticket things," Bonelli says. "There are business.It's not something that's going to and custom part ! some [articles that suggest] people are make the difference between success or c o n s i s t e n t , hi g t looking to gather experience rather than failure. But, if done properly, it can be a www DI v e N D assets.So they want to be able to go sailing year-round revenue stream during a time n f o @D i but they don't want a sailboat" when sales dollars have been drying up. IF s 7 7- 56 When SailTime first began in 2001,the "I think a lot of dealers out there are Fax sat - Your One Source for Marine Stainless `. www.boating-industry.com MARCH 2010 -Boating Industry 35 Your Boat Club I For ALL the ways YOU BOAT! I Great Boats - Great Availability! - U... Page 1 of 2 Reservation Center 612-208-1800 For ALL the ways Convenient&Hassle Free YOU BOAT! dub rsV How The Club Works FAQs Your Locations Memberships Request Information ,mompoe ...4,- 4, ._. ... Business Journal Article . Business Journal Business Journal Article YINNNEUPOLILIIJou1uiL U.PAULBusiiss TRY BEFORE YOU BUY FREE BOAT RIDE! Friday,January 29,2010 CLICK HERE FOR MORE INFO Former Crystal-Pierz Marine exec OUR MEMBERSHIPS ARE FILLING UP FAST launches Your Boat Club APPLY TODAY! Minneapolis/St.Paul Business Journal-by John Vomhof Jr.Staff writer ft Mt Read article on Minneaoolis/St.Paul Business Journal site BUSINESS JOURNAL Luke Kujawa,former president and CEO of Crystal-Pierz Marine,is setting sail on a new boating READ THE ARTICLE business in the wake of a deal to sell the majority of his family's boat dealerships. Kujawa launched Your Boat Club at the Minneapolis Boat Show last weekend.The club BO ',I'M t g operates like a time share for boats,with members paying an annual fee and monthly dues for l\l>t',flit c7 unlimited access to fishing boats,speed boats and pontoons. READ THE ARTICLE "We want to take as many of the costs,limitations and hassle that we can out of boating," Kujawa said."What's left is flexibility and fun with your family on the water." Your Boat Club will start with 40 boats at three Minnesota locations:Prior Lake,Ramsey and Brainerd.However,Kujawa said the business model is designed to accommodate rapid growth. He hopes to expand to between 25 and 30 locations throughout the Upper Midwest within three to five years,and the company also might consider selling franchises at some point. While the company favors locations on the water,it also will consider centrally located spaces in resort towns,such as a vacated service station.The club also will deliver boats to its customers for an additional fee. Your Boat Club is split into two main types of memberships:the entry-level Explorer package at an annual fee of$1,500 and the higher-end Voyager package at an annual fee of$2,500.Both packages require a one-year commitment and include unlimited boat usage.Explorer allows members to reserve boats for just one day at a time,whereas the Voyager package allows members to book three days at a time. From there,memberships are broken into three tiers-or"piers"as the club refers to them- based on the quality of boat that the member wants.Pier 1,which has an average boat value of $16,995,costs$89.95 per month;Pier 2,which has an average boat value of$29,995,costs $199.95 per month;and Pier 3,which has an average boat value of$39,995,costs$299.95 per month. The total annual cost of club membership will be about half the cost of owning a boat,Kujawa said.The club will be capped at about 300 memberships to ensure members have access to boats when they want them."It's a concept that takes awhile to explain,but once people understand it,the response is overwhelmingly positive." http://www.yourboatclub.net/businessjournal.php 6/25/2010 Your Boat Club For ALL the ways YOU BOAT! Great Boats - Great Availability! - U... Page 2 of 2 Tom Jacob,owner of the Excelsior-based Excel Boat Club,said the economics of a boat club make sense for many consumers,especially in light of the recession. "Everyone in Minnesota thinks they have to own their boat,but when they stop and think about how much they'll really use it,it makes more sense to cut some of the costs and let someone else handle the maintenance,"he said."If you boat 40 or 50 times a year,don't come see me or Luke-go buy a boat.But if you're only going to boat 10 times a year,then a boat club is probably a great fit." Excel Boat Club is at full capacity with 180 members for its 20 boats.The company,which has operated on Lake Minnetonka for 10 years,added a second location in Bayport on the St.Croix River last year. The nation's largest club is the Cincinnati-based Freedom Boat Club,which has several thousand members at its 57 locations in 13 states,mostly in the eastern United States. Kujawa said he's been developing the business model for Your Boat Club for several years,but the recent sale of five of the seven Crystal-Pierz Marine stores to Bass Pro Shops created an opportunity for him to pursue it full time."I actually wanted to do this as part of Crystal-Pierz,but as the market fell off,we just didn't have the time or resources to launch it." Your Boat Club has four corporate employees in addition to Kujawa and his business partner, Michael Jellish,at the company's 2,600-square-foot headquarters in the Lumber Exchange building in downtown Minneapolis.The company also will hire site managers and seasonal help for its various locations. Your Boat Club Founder:Luke Kujawa Headquarters:Minneapolis Locations:Prior Lake,Ramsey and Brainerd Description:Club members pay an annual fee and monthly dues for unlimited access to boats. Founded:2010 Revenue:Not applicable Employees:6 Web:YourBoatClub.net Home I How The Club Works I FAQs I Your Locations I Memberships I Request Info FREE Boat Ride!I Apply Today Locations:Prior Lake I Lake Minnetonka Gull Lake in Brainerd ®2010 Your Boat Club.All Rights Reserved. Site designed by Flicker Creative http://www.yourboatclub.net/businessjournal.php 6/25/2010 Your Boat Club I For ALL the ways YOU BOAT! I Great Boats - Great Availability! - U... Page 1 of 1 Reservation Center 612-208-1800 For ALL the ways Convenient&Hassle Free YOU BOAT! t How The Club Works FAQs Your Locations Memberships Request Information errs FREE Boat Ride! ;" a` FREE Boat Ride! FREE Boat Ride! Try Before You Buy with our FREE Boat Ride TRY BEFORE YOU BUY Take advantage of our special offer for a FREE Boat Ride.Whether you want to check out our FREE BOAT RIDE! program,check out our boats,or just check out a lake,call us today to schedule your FREE Boat CLICK HERE FOR MORE INFO Ride.Or,feel free to fill out the form below,and we will contact you to set up a time that fits in your schedule.So,what are you waiting for,take advantage of this no obligation offer today' OUR MEMBERSHIPS ARE FILLING UP FAST Sign up for your FREE Boat Ride APPLY TODAY! Name BUSINESS'JOURNAL' Email READ THE ARTICLE Phone Boating I N.LsT READ THE ARTICLE Preferred Method of Contact C Email ( Phone r Either Best Time to Contact You r Morning r Afternoon r Evening r Any Questions Submit I Reset I Home I How The Club Works I FAQs I Your Locations I Memberships I Request Info I FREE Boat Ride!I Apply Today Locations:Prior Lake I Lake Minnetonka I Gull Lake in Brainerd 0 2010 Your Boat Club.All Rights Reserved. Site designed by Flicker Creative http://www.yourboatclub.net/freeboatride.php 6/25/2010 Your Boat Club I For ALL the ways YOU BOAT! I Great Boats - Great Availability! - U... Page 1 of 1 Reservation Center 612-208-1800 For ALL the ways Convenient&Hassle Free YOU BOAT! Bat AO How The Club Works FAQs Your Locations Memberships Request Information,1111111.10e 111* Request Information Request Information Request Information If you would like more information about Your Boat Club,please fill out the form below,and we TRY BEFORE YOU BUY will get back to you as soon as possible! FREE BOAT RIDE! CLICK HERE FOR MORE INFO ALL fields are Required Name OUR MEMBERSHIPS ARE FILLING UP FAST APPLY TODAY! Email Bust' Phone NESS JOURNAL READ THE ARTICLE Information Request: Boatlno I\111�I'lil b READ THE ARTICLE Submit I Reset Home I How The Club Works I FAQs I Your Locations I Memberships I Request Info I FREE Boat Ride!I Apply Today Locations:Prior Lake I Lake Minnetonka I Gull Lake in Brainerd ©2010 Your Boat Club.All Rights Reserved. Site designed by Flicker Creative http://www.yourboatclub.net/requestinformation.php 6/25/2010 Your Boat Club I For ALL the ways YOU BOAT! I Great Boats - Great Availability! - U... Page 1 of 2 612-208-1800 For ALL the ways K— Reservation Center '.tEhlBERS ONLYConvenient&Hassle Free YOU BOAT! r orHow The Club Works FAQs Your Locations Memberships Request Information NilaIM 4 ,, . ., ., i . . . ,,- . .; s g Memberships Memberships Overview Voyager Membership TRY BEFORE YOU BUY Our most popular membership,the Voyager,provides you with UNLIMITED USAGE in your club FREE BOAT RIDE! level,plus the ability to reserve up to three dates in advance at one time.You can enjoy your CLICK HERE FOR MORE INFO three days consecutively for a long weekend,or individually by creating unlimited days of relaxation on the water.This truely is the membership option that will benefit you the most! OUR MEMBERSHIPS ARE FILLING UP FAST Explorer Membership APPLY TODAY! The Explorer Membership is for individuals who are just beginning their journey into boating. This great option allows you to have the same opportunities as our Voyager members without having to sacrifice time or money.Explorer members have access to UNLIMITED USAGE in ru.urntrrc Mt their Club Level,with the ability to reserve one day at a time.As an added bonus,boating BUSINESS JOURNAL classes are available at no extra charge! READ THE ARTICLE Spontaneous Usage Policy for All Members j� It's simple.Go ahead and be spontaneous. oats fl Y 1.Check availability of boats that day 1\14l riitc 2.Go online or call ahead to make a boat reservation READ THE ARTICLE 3.Come play and have fun! Club Levels-Click on Boat Thumbnails to view a larger image Pier 3-Unlimited use of all boats in our fleet Ranger 1850 Reata or equivalent Type:Fishing Engine:150 HP 4-Stroke \ - Via Key Options:Bimini Top,Livewell,24 Volt Bow Mount, Charger,GPS Glastron GLS 235 or equivalent C• Type:Runabout Engine:5.7L Mercruiser Key Options:Bimini Top,CD/MP3 Player,Seating for 11 Bennington 2575 RLX or equivalent /"`\ Type:Pontoon 7 Engine:115 HP 4-Stroke �' " gym _ Key Options:Bimini Top,CD/MP3 Player,Seating for 15 Pier 2-Unlimited use of all boats in Pier 2&1 Crestliner 1850 or equivalent http://www.yourboatclub.net/memberships.php 6/25/2010 Your Boat Club l For ALL the ways YOU BOAT! Great Boats - Great Availability! - U... Page 2 of 2 Type:Fishing Engine:150HP Mercury Optimax Key Options:Bimini Top,Livewell,24 Volt Bow Mount, Charger,GPS Sea Ray 205 Sport or equivalent Type:Runabout Engine:MerCruiser®4.3 MPI Alpha I Stemdrive 220HP Key Options:Bimini Top,CD/MP3 Player,Ski Tow Eye Castmaster DLX SE or equivalent Type:Pontoon <<_ Engine:6OHP Bigfoot Mercury 4-Stroke vo` Key Options:Bimini Top,CD/MP3 Player,Seating for 11 Pier 1-Unlimited use of all boats in Pier 1 Lund 1625 Rebel Side Console or equivalent Type:Fishing Engine:50 HP 4-Stroke Key Options:Bow Mount,Live Well,4 seats,Fish Finder ~ Sea Ray 185 Sport or equivalent Type:Runabout Engine:ECT-3.0L MPI Alpha 135HP Stem Drive Key Options:Bimini Top,CD/MP3 Player,Ski Tow Eye Crestliner CP Cruiser 2185 Suncast or equivalent Type:Pontoon Engine:40 HP 4-Stroke Key Options:Bimini Top,Livewell,Stereo .a Home I How The Club Works I FAQs I Your Locations i Memberships I Request Info I FREE Boat Ride!I Apply Today Locations:Prior Lake I Lake Minnetonka I Gull Lake in Brainerd ®2010 Your Boat Club.All Rights Reserved. Site designed by Flicker Creative http://www.yourboatclub.net/memberships.php 6/25/2010 ! „~,Your Boat Club I For ALL the ways YOU BOAT! I Great Boats - Great Availability! - U... Page 1 of 3 _..,r-- Reservation Center 612-208-1800 For ALL the ways Convenient&Hassle Free YOU BOAT! it C161°t�OV How The Club Works FAQs Your Locations Memberships Request Information ate+ FAQs ..,__ . FAQs FAQs Who is Your Boat Club?. TRY BEFORE YOU BUY My partners and I have over 50 years experience in the Marine Industry.During that time we FREE BOAT RIDE! have watched many families leave boating due to ever increasing costs and demands on their CLICK HERE FOR MORE INFO free time.We have been and will always be boaters,and we understand the value of time on the water.Your Boat Club is designed to provide families affordable,hassle free boating with UNLIMITED USAGE. OUR MEMBERSHIPS ARE FILLING UP FAST Why would I choose a boat club membership over owning a boat?. APPLY TODAY! Your membership gives you the ability to have the best of three worlds:fishing,skiing,and the use of pontoons.With your membership,you eliminate the high cost of maintenance,insurance, BUSINESS St MI storage,winterization,and the most costly,depreciation.In addition,your membership provides BUSINESS JOURNAL you the boat of your choice within the parameters of the level you have chosen with UNLIMITED READ THE ARTICLE amounts of boating use. How often can I use a boat?. You have no limitations to the number of times you are able to use a boat.Your membership 1111 JJJJIIIIJJJ\l))..[STf(.lj 1� IC choices are based on two levels.The first level,Explorer I,provides you as a member the ability READ THE ARTICLE to make one concurrent reservation at a time and have unlimited spontaneous usage based on availability.The Voyager III,gives you as a member the choice of three concurrent reservations allowing you to reserve a long weekend or three single day uses plus UNLIMITED spontaneous boating. How do I as a member guarantee the use of the boat of my choice when I want it?. Your reservations are always guaranteed*.When you are interested in making a reservation, you simply go online and check the availability of the type of boat you desire to use for that day on a first come first served basis.Once a reservation is made,a confirmation is e-mailed to you. A follow up e-mail is sent to you two days before your event confirming it will be ready for your use. 'Reservations are guaranteed to the best of our ability,possible exceptions may be but are not limited to:Act of God,large scale equipment failure,vandalism or other events out of our control. What type of boats will I get to choose from?. Our members have a variety of boating choices.Both Explorer I and Voyager III members can choose from any of the fleet of boats within the Pier level their membership allows.The Team at Your Boat Club will always strive to provide the best possible equipment for the money. Pier 1-Approximate Retail Value$16,995 16'aluminum side-counsel fishing boats with trolling motor,depth finder,four fishing seats and a 50 H.P.4-stroke EFI.Lund 1625 Rebel SC or equivalent. 17'fiberglass open-bow ski boats fully equipped with 135 H.P.inboard/outboard motor rated for 9 people.Glastron MX 175 or equivalent. 18-20'aluminum fish and ski pontoons with canopy rated for 11 people with a 40 H.P.4-stroke EFI.Crestliner CP Cruiser or equivalent. Pier 2-Approximate Retail Value$29,995 17-18'Aluminum duel console walk-thru windshield fishing boats with trolling motor and depth http://www.yourboatclub.net/fags.php 6/25/2010 Your Boat Club I For ALL the ways YOU BOAT! I Great Boats - Great Availability! - U... Page 2 of 3 finders.115 H.P.4-Stroke,five fishing seats,and a sun top are included with each boat. 20'fiberglass open-bow ski boats with canopy and MP3 players.They are powered with 5.0 liter I/Os and rated for 12 passengers. 22'aluminum luxury cruise pontoons fully equipped with canopy,MP3 Players and depth finders. They are powered with 70 H.P.4-strokes and are rated at 15 passengers.They are the ultimate in party cruisers. Where do I get the boat I want to use?. Your Boat Club members have three options: 1.Use the boat on the body of water the club you belong to is located,(where applicable). 2.Come to the location,pick up the boat and trailer the boat to the location you desire. 3.At the time of your reservation check the designated box indicating specifically to notify our staff you would like a boat delivered to you for an additional charge.This also eliminates the hassles of parking,launching and loading a boat and provides you maximum time on the water. What happens if the boat stops working?. To minimize the risk of equipment failure,Your Boat Club's policy is to replace each fleet of boats every three years.While each boat is in service,it is meticulously maintained and cared for.In the event of equipment failure,it is imperative that the member is responsible for returning the boat to the club.Replacements and other arrangements will be made on a case-by-case scenario.Your boat club also has a 24-hour emergency contact person to assist you with whatever you need. Does the boat include accessories?. You are provided with all the necessary safety equipment according to you and your passengers needs.This includes the following:Life vests,Anchor and Line,Dock bumpers,mooring lines, launch lines,and fire extinguisher. You will also have the availability to purchase or rent additional equipment for your boating pleasures at each location.Some of these items will include the following:Tow ropes,skis,ski vests,inner tubes,and kneeboards. Can a membership be shared with someone else? Sony.The membership fees are structured to provide the most affordable family boating on the water and are intended for one family per membership. Can you deliver a boat for me?. Absolutely.Your membership was designed to cater to you personally on an individual basis. Your membership affords you even the ability to have our staff meet you at the launch of your choice.Speak to your club representative for additional information and charges. Can I use two boats at once?. Yes,Voyager III members can use two concurrent reservations and use multiple boats at one time as long as the operators meet and comply with all requirements before reservation is made. Are there limits to where I can take a boat?. Yes.Club boats cannot be taken into Canada and cannot be transported over 200 miles from where it is picked up. Are there any other fees? The only additional costs you will incur are the replacement costs of the fuel you used and any damage to the equipment above normal wear and tear.You must return the boat with a full tank of gas.You may also choose the option to have it filled at the club.There is an additional fee for this service. Which membership level is right for me?. Your membership level is a very personal choice.You may want to consider your individual needs or families needs.Based on what those needs are,we have a team of people who can assist you in making the right choice. What happens if it rains?. You,as a member have the choice to cancel your reservation at any time.Once you have completed the term of one reservation,you may,as a member,add an additional reservation. Can I upgrade my membership for the purpose of having the ability to use larger boats? http://www.yourboatclub.net/faqs.php 6/25/2010 Your Boat Club I For ALL the ways YOU BOAT! I Great Boats - Great Availability! -U... Page 3 of 3 Yes,you may choose to upgrade at any time providing there is a membership available at that level within the club. Home I How The Club Works I FAQs I Your Locations I Memberships l Request Info I FREE Boat Ride!I Apply Today Locations:Prior Lake I Lake Minnetonka I Gull Lake in Brainerd ®2010 Your Boat Club.All Rights Reserved. Site designed by Flicker Creative http://www.yourboatclub.net/faqs.php 6/25/2010 Your Boat Club l For ALL the ways YOU BOAT! 1 Great Boats - Great Availability! - U... Page 1 of 1 —,„— Reservation Center 612-208-1800 For ALL the ways Convenient it Hassle Free YOU BOAT! . t Club AO How The Club Works FAQs Your Locations Memberships Request Information , ,, ....., K r A 1-0,,.. 44 ,„ „ft Y` - ,.:.: x,+#7015'.. • �!mi TrJf11 AIL,AL. Memberships -,... Available a."4"2"..a„6 5995 tit Are any of these keeping you from owning a boat: You don't know what type of boat to buy. Try Before You Buy Memberships Filling Up! Call today to schedule your FREE Some Membership Levels already boat ride! 612-208-1800 sold out.Reserve your spot today! Click here for more information Click here for our waiting list app. Why Your Boat Club? Our mission at Your Boat Club is to provide the very best experiences of family fun while boating.It is our belief that by eliminating the high cost and long term commitment of boat ownership,we will make a positive impact in our members attitudes and experiences of what boating has to offer! Unlimited Usage on Weekends or Weekdays! Your Boat Club members have UNLIMITED USE of a fleet of boats.You may decide to take a run-about out and take your family skiing for the weekend,or take a fishing boat out for a few hours after work.You decide how you want to use your membership.With our fleet at your fingertips there is nothing you can't do! Great Boats-Great Availability! At Your Boat Club we cap our memberships to maintain a low member to boat ratio.This ensures our members get maximum boat availability,and our boats are always new,or mostly new.We make sure our members get to enjoy the water. Home I How The Club Works I FAQs I Your Locations I Memberships I Request Info I FREE Boat Ridel I Apply Today Locations:Prior Lake I Lake Minnetonka I Gull Lake in Brainerd 02010 Your Boat Club.All Rights Reserved. Site designed by Flicker Creative http://www.yourboatclub.net/index.php 6/25/2010 Your Boat Club For ALL the ways YOU BOAT! Great Boats - Great Availability! - U... Page 1 of 1 612-208-1800 For ALL the ways Reservation Center Convenient&Hassle Free YOU BOAT! y0� ' How The Club Works FAQs Your Locations Memberships Request Information /11111111111Ple . How The Club Works ••, How The Club Works Overview Overview Your Boat Club vs Ownership By providing our members with a fleet of new boats outfitted for a wide range of activities,we are able to ensure that their boating needs will be met on each occasion.Our members simply make TRY BEFORE YOU BUY the reservation for the boat they choose,show up and enjoy all the fun without the cost or hassle FREE BOAT RIDE! of boat ownership! CLICK HERE FOR MORE INFO As a member,you will only pay a fraction of the cost of boat ownership without sacrificing your amount of time on the water.Plus,you will get to choose from fishing boats,run-abouts and OUR MEMBERSHIPS ARE PILLING UP PAST pontoons! APPLY TODAY! Not only do our members appreciate our ability to remove the long term commitments of boat ownership,they appreciate the substantial savings! rtuuHusSt MKBUSINESS JOURNAL Unlimited Usage on Weekends or Weekdays! READ THE ARTICLE Your Boat Club members have UNLIMITED USE of a fleet of boats.You may decide to take a run-about out and take your family skiing for the weekend,or take a fishing boat out for a few Boating L hours after work.You decide how you want to use your membership.With our fleet at your fingertips there is nothing you can't do! ISUL!,I'Rl Great Boats-Great Availability! READ THE ARTICLE At Your Boat Club we cap our memberships to maintain a low member to boat ratio.This ensures our members get maximum boat availability,and our boats are always new,or mostly new.We make sure our members get to enjoy the water. Home I How The Club Works I FAQs I Your Locations!Memberships!Request Info I FREE Boat Ride!I Apply Today Locations:Prior Lake I Lake Minnetonka I Gull Lake in Brainerd ®2010 Your Boat Club.All Rights Reserved. Site designed by Flicker Creative http://www.yourboatclub.net/howtheclubworks.php 6/25/2010 Your Boat Club I For ALL the ways YOU BOAT! I Great Boats - Great Availability! - U... Page 2 of 2 Your Locations South Metro Prior Lake -View Lake Info (952) 447-BOAT or(952) 447-2628 6885 Boudin St NE, Prior Lake, MN 55372 View Location Map This location is ON THE WATER for a convenient pick up and drop off spot! Lake Minnetonka Brainerd (612) 208-1800 1444 Shoreline Dr, Wayzata , MN 55391 View Location Map e Minnetonka Prior Lake Brainerd Lakes Area Gull Lake in Brainerd (612) 208-1800 8089 Lost Lake Road, Lakeshore, MN 56468 View Location Map Pick up and trailer anywhere! We can also bring the boat to you! Home I How The Club Works I FAQs I Your Locations I Memberships I Request Info I FREE B. Locations: Prior Lake I Lake Minnetonka I Gull Lake in Brainerd ©2010 Your Boat Club.All Rights Reserved. Site designed by Flicker Creativ http://www.yourboatclub.net/locations.php 6/25/2010 ORDINANCE NO. 250 AN ORDINANCE AMENDING THE MUNICIPAL CODE OF ORONO BY LISTING THE LEGAL DESCRIPTIONS OF CERTAIN PROPERTIES IN THE CITY REZONED FROM LR-1A TO B-2 THE CITY COUNCIL OF THE CITY OF ORONO ORDAINS AS FOLLOWS : Section 1. The Municipal Code of Orono is hereby amended by amending the Official Zoning Map and Zoning Use District Boundaries for all of that part of the following described properties lying east of the travelled right of way of County Road 15 within Government Lot 1, Section 11, Township 117 , Range 23 hereby rezoned from the LR-1A One Family Lakeshore Residential District to B-2 Lakeshore Commercial Zoning District: A. 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° East (assuming the North line of said Government Lot 1 as bearing East) a distance of 585.84 feet to the point of beginning of the land to be described; thence continuing South 100 East a distance of 61.39 feet; thence North 67°48' East to the shore of Lake Minnetonka; thence Northwesterly along said shore line to the intersection with a line bearing North 67°48' East from the point of beginning; thence South 67°48' West to the point of beginning, according to the Government Survey thereof,` EXCEPT that part thereof lying Westerly of the Easterly right-of-way line of Hennepin County State Aid Highway No. 15, Plat 51, as delineated in Document No. 1457512 recorded in the office of the Registrar of Titles. B. That part of Government Lot 1, Section 11, Township 117 North, Range 23 West of the 5th Principal Meridian, described as follows: Commencing at the meander corner on the North line of said Government Lot 1; thence South 10° East (assuming the North line of said Government Lot 1 as bearing East) a distance of 647.23 feet to a point hereinafter referred to as "Point A"; thence continuing South 10° East a distance of 117.65 feet to the actual point of beginning; thence South 67°48' West to the shore of. Tanager Lake (formerly Mud Lake) ; thence Northerly along said shore to a line bearing South 67°48' West from said ."Point A"; thence North 67°48' East to the shore of Lake Minnetonka; thence Southerly along the shore of Lake Minnetonka to a line bearing North 67°48'_ East from the actual point of beginning; thence South 67048' West to the actual point of beginning, EXCEPT that part thereof lying Westerly of the Easterly right-of-way line of Hennepin County State Aid Highway No. 15, plat 51, as delineated in Document No. 4701348 recorded in the office of the County Recorder. Section 2 . This ordinance shall be published in the Lake Minnetonka Sun and shall be effective upon publication. Adopted by the City Council of the City of Orono on the 11 day of July , 1983. Alberta M. Strom, City Clerk Mary C . B tler , Mayor Thomas Frahm, Actino Mayor x —I 71:1a 1:::::01 . eihk>ik0 N 1 "11111111111; t 1,Q a a c 'E 0 N O ► m m a CNI a _ f 1I II etir 74 , ioloir at ....... 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