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HomeMy WebLinkAbout1440-1442 Shoreline Dr - HISTORY : City of ORONO 4, RESOLUTION OF THE CITY COUNCIL y � ''�' • NO. 2442 ORONO A RESOLUTION GRANTING VARIANCES 'TO MUNICIPAL ZONING CODE SECTION 10.41, 'SUBDIVISION 5, SECTION 10.41, SUBDIVISION 7 (A), (3) SECTION 10.41, SUBDIVISION 9 (B) , SECTION 10.41., SUBDIVISION 10 (D) , SECTION 10.41, SUBDIVISION 10 (C) SECTION 10.03, SUBDIVISION 6 (B) FILE #1263 WHEREAS, James P. Rivers, the owner of Windward Marine, Inc. (hereinafter "the applicant") is the owner of the property located at 1444 Shoreline Drive within the City of Orono (hereinafter "City") and legally described as follows: • See Exhibit A, attached. WHEREAS, the applicant has filed a commercial site plan for approval by the City and has applied for multiple variances to permit the major upgrading of the marina property that would propose removal of the two existing structures and the installation of one 50' by 90' commercial building located on the Tanager Lake side of the property and a gazebo with grass picnic area on the Brown's Bayside. Such improvements would require the following variances: • Section 10.41, Subdivision 5 Parking stalls, variance required Required = 77 stalls Existing = 76 stalls Proposed = 73 stalls Variance = 4 stalls or - .05% (parking area separated by public roadway - Tanager Lakeside = 47 stalls Brown' s Bay side = 26 stalls) Section 10.41, Subdivision 7 (A), (3 ) Variance is sought to the required 10' landscaping buffer adjacent to roadway- Required = 50' (maximum allowed break in landscaping for access purposes) Proposed = 60 ' Variance = 10 ' Section 10.41, Subdivision 9 (B) 1. Lakeshore setback required for commerical structure on Tanager Lake side Page 1 of 6 City of ORONO • CIEV7 RESOLUTION OF THE CITY COUNCIL NO. 2442 ORONO Required = 75 ' Existing = 55' Proposed = 36 ' Variance = 39 ' or 52% 2. Required side yard setback for commercial structure- Required = 10 ' Existing = 14 ' Proposed = 9 ' Variance = 1 ' or 10% Section 10.41, Subdivision 10 (D) Hardcover variance is required for new construction- Tanager Lake side- 0-75 ' setback area Allowed = 0 • Existing = 8 , 720 s.f. or 96 .8% Proposed = 6 ,376 s.f. or 70% 75-250 ' setback area Allowed = 25% Existing = 9 ,700 s.f. or 100% Proposed = 9,110 s .f. or 94% Total reduction on Tanager Lake side of 2,934 s.f. of hardcover. Brown's Bay side- 0-75 ' setback area Allowed = 0 Existing = 4,400 s.f. or 48% Proposed = 3, 900 s.f. or 43% 75-250 ' setback area Allowed = 25% Existing = 9,700 s.f. or 100% Proposed = 4, 375 s . f. or 45% Total reduction on Brown's Bay side of 5,825 s.f. of hardcover. Total hardcover removed = 8,759 s.f. or 23.9% hardcover. Section 10. 41 , Subdivision 10 (C ) Street setback required for new commercial structure- Required = 50 ' Existing = 8 ' Proposed = 10 ' Variance = 40 ' or 80% • Section 10.03, Subdivision 6 (B) - Seeks a variance for credit of principal structure on property divided by a public road to permit construction of the gazebo, an accessory structure.. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: Page 2 of 6 City of ORONO anow RESOLUTION OF THE CITY COUNCIL cp NO. 2442 ORONO FINDINGS 1. This application was reviewed as Zoning File #1263. 2. The property is located in the B2 Lakeshore Business District. 3. The Orono Planning Commission reviewed this application on May 16, 1988, and recommended approval of the proposed variances based upon the following findings and hardships: A) The total hardcover removed as a result of those improvements will be 8,759 s.f. or 23.9%. B) The removal of the two commercial structures and the replacement with just one structure will result in a less intense commercial use of this severely limited property. C) The area on Brown's Bay side will be designed for outdoor picnic use by the members of the marina. The storage structure • will be replaced with an extensive green landscaped area with a gazebo. D) Access will be better defined with the curbing on both sides of the street where access would now be provided to designated parking areas. E) The applicant has proposed a better control of drainage and treatment of run-off with this proposal. F) The new proposal will provide far more green area than the present facility. G) The property has sustained a marina use for over 25 years. 4. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variance on the health, safety and welfare of the community. 5. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variances would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve • Page 3 of 6 • ••••'.••,': City of ORONO • . . J CITY " RESOLUTION OF THE CITY COUNCIL - NO. 2442 rF 'ORONO as a convenience. to..the applicant, but is necessary to alleviate a.. demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the findings noted above, the Orono City Council hereby grants approval of the above referenced variances to permit the major upgrading of the commercial lakeshore property known as Windward Marine, Inc., based on plans drawn by Rutledge Construction, Job No. J6158 , revised date 4/4/88 , Sheet 2 (A) that outlines a three year phase improvement of both the Brown's Bay and Tanager Lake sides of the commercial property, subject to the following conditions: • 1. Prior to issuing a building permit for new construction and/or issuing a demolition permit for the razing of the existing structures, the following must be completed by the applicant: A) Approval by the City Engineer of the final drainage and surface run-off plans for the parking areas. b) Site plans to be amended to include a green area south of the crane location on Tanager Lake shoreline. C) Applicant shall submit a Developer's Agreement with an acceptable form of security, written at 150% of the cost of required improvements, to insure the completion of certain land- scape and site improvements required by the City as a result of the upgrading of this property. Prior to the City issuing a building permit for either the Tanager Lake side or the Brown's Bay side construction, the applicant must provide a separate Developer's Agreement with apropriate security for each phase of the construction. 2. Payment of two SAC units at $1,100.00 ( $550.00 per current unit charge) , to be paid with the building permit for the construction of the commercial structure. • 3. The 50' by 90' commercial structure must be provided with an automatic sprinkler system per State Buildng Code, Appendix E. 4. An appropriate soil erosion control program shall be maintained throughout the entire project and until permanent erosion control is in effect. Page 4 of 6 J ..• y .a,, . Cityof ORONO A. RESOLUTION OF THE CITY COUNCIL CO NO. 2442 ORONO 5. . Applicant shall work with .the Hennepin County. Highway Department of Transportation to pursue the possibility of a crosswalk between the two commercial portions of the facility on Tanager Lake and Brown's Bay. • 6: - Applicant shall provide 6 "year round" parking stalls on the south side of the existing and proposed structure on Tanager Lake to assure adequate customer parking space during winter boat storage months. 7. Authorities granted with this resolution run with the property not with the applicants, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (June 13, 1989 ) . • 8. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 9. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 13th day of June, 1988. ATT '.T: Ai ' ....4.0._..L. A ... ,/ /; 72v/7 •. 'oth. ( allin City Clerk James R. Grabek, Mayor Edward Callahan, Jr. , Acting Mayor ,,or I., * ,4.r%'2 Property Ow 747(s ) • Page 5 of 6 C . • City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2442 ORONO STA • ' INNESOTA ) ss. COUNTY OF HENNEPIN ) On this day of OefoLe.. -- , 198 e before me_la. Notary Public within and for said county, personally appeared \J(2,41,0 ) ei1,t known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. r " Ato Y4`' NOTARY PUBLIC THERESA L NAAB ; � NOTARY PueuO- MINNESOTA •tb• HENNEPIN COUNTY say commission expires 9-8-92 • MY COMMISSION EXPIRES STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) On this day of , 198_, before me a Notary Public within and for said County, personally appeared known to me to be the person(s) described in and who executed the foregoinginstrument, and acknowledged that he (they ) executed the same as his (their ) free act and deed. NOTARY PUBLIC • MY COMMISSION EXPIRES 110 Page 6 of 6 11 t Resolution #2442 • EXHIBIT A That part of Government Lot 1. Section 11, Township 117, Range 23, described as follows: Commencing at the meander corner on the North line of said Government Lot 1; thence South 10 degrees East (assuming the North line of said Government Lot 1 as bearing East and West) a distance of 647.23 feet to a point hereinafter referred to as "point A"; thence continuing South 10 degrees East a distance of 117.65 feet to the actual point of beginning; thence South 67 degrees 48 minutes West to the shore line of Tanager Lake; thence Northerly along said shore line to a line bearing South 67 degrees 48 minutes West from said "paint A"; thence North 67 degrees 48 minutes East to the shore line of Lake Minnetonka; thence.Southerly along the shore line of Lake Minnetonka to a line bearing North 67 degrees 48 minutes East from the actual point of beginning; thence South 67 degrees 48 minutes West to the actual point of beginning; which lies Northwesterly of a line drawn parallel with and 65 feet Southeasterly from the Northwesterly line and its extensions of the above described tract, according to the Government Survey thereof, That part of Government Lot 1, Section 11, Township 117, Range 23, described as follows: Commencing at the meander corner on the North line of said Government Lot 1; thence South 10 degrees East (assuming the North line of said Government Lot 1 as bearing East and West) a distance of 647.23 feet to a point hereinafter referred to as "point A"; thence continuing South 10 degrees East a distance of 117.65 feet to the actual point of beginning; thence South 67 degrees 48 minutes West to the shore line of Tanager Lake; thence Northerly along said shore line to a line bearing South 67 degrees 48 minutes West from said "point A"; thence North 67 degrees 48 minutes East to the shore line of Lake Minnetonka; thence Southerly along the shore line of Lake Minnetonka to a line bearing North 67 degrees 48 minutes East from-the actual point of beginning; thence South 67 degrees 48 minutes West to the actual point of beginning; except that part of the above described tract which lies Northwesterly of a line drawn parallel with and 65 feet Southeasterly from the Northwesterly line and its extensions of the above described tract, according to the Government Survey thereof, 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 Gov- ernment Lot 1; thence South 10 degrees East (assuming the North line of said Government Lot 1 as bearing East and West) a distance of 764.88 feet to the actual point of beginning; thence North 67 degrees 48 minutes East to the shore of Lake Minnetonka; thence Southeasterly along said shore to its intersection with a line bearing North 67 degrees 48 minutes East from a point which is on a line bearing South 10 degrees East and distant 61.39 feet from the actual point of beginning; thence South 67 degrees 48 minutes West to the shore of Tanager Lake (formerly Mud Lake); thence Northwesterly along the shore of Tanager Lake to its intersection with a line bearing South 67 degrees 48 minutes West from the actual point of beginning; thence North 67 degrees 48 minutes East to the actual point of beginning, according to the Government Survey thereof, That part of Government Lot t, Section 11, Township 117, Range 23 described as commencing at the meander corner on the North line of said Gov- ernment Lot 1; thence South 10 degrees 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 10 degrees East a distance of 61.39 feet; thence North 67 degrees 48 min- utes East to the shore line of Lake Minnetonka; thence Northwesterly along said shore line to the intersection with a line bearing North 67 de- grees 48 minutes East from the point of beginning; thence South 67 degrees 4R minutes West to the point of beginning, according to the Govern- ment Survey thereof, That part of Government Lot 1, Section 11, Township 117, Range 23 described as commencing at the meander corner on the North line of said Government Lot 1; thence South 10 degrees East (assuming the North line of said Government Lot 1 as bearing East and West) a distance of 826.27 feet to the actual point of beginning; thence North 67 degrees 48 minutes East to the shore of Lake Minnetonka; thence Southeasterly along said shore 60 feet, more or less, to an intersection with a line bearing North 67 degrees 48 minutes East from a point which is on a line bearing South 10 degrees East and distant 61.39 feet from the actual point of beginning; thence South 67 degrees 48 minutes West to the shore of Tanager Lake (formerly Mud Lake); thence Northwesterly along the shore of Tanager Lake to an intersection with a line bearing South 67 degrees 48 minutes West from the actual point of beginning; thence North 67 degrees 48 minutes East to the actual point of beginning, according to the Government Survey thereof, . • • t`., City o f ORONO �,. • r,r C RESOLUTION OF THE CITY COUNCIL :v. :#''r• �` OF" �,r, NO. 2674 ORONOX A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.41, SUBDIVISION 5, SECTION 10.41, SUBDIVISION 7 (A) 3, SECTION 10.41, SUBDIVISION 9 (B) , SECTION 10.41, SUBDIVISION 10 (D) AND SECTION 10.41, SUBDIVISION 10 (C) FILE #1424 WHEREAS, James P. Rivers of Windward Marine, Inc., (hereinafter "the applicant") is the owner of the property located at 1444 Shoreline Drive within the City of Orono (hereinafter "City") and legally described as follows: Exhibit A, attached (hereinafter "the property"); and WHEREAS, on October 5, 1988, the City approved a commercial site plan and multiple zoning variances for the major . upgrading of the commerial marina involving improvement on both the Tanager Lake and Brown' s Bay sides of the lake. The applicant has completed the proposed improvements on the Brown's Bay side and has filed a revised commercial site plan and a variance application seeking multiple . variances for the relocation and construction of the commercial building on the Tanager Lake side that would require the following variances: A) Section 10.41, Subdivision 5 - Required parking stalls. Required = 77 stalls Existing = 76 stalls " Proposed = 73 stalls Variance = 4 stalls or . 05% (Parking area separated by public roadway - Tanager Lake side = 47 stalls; Brown's Bay side = 26) B) Section 10.41, Subdivision 7 (A) 3 — Variances sought to the required 10' landscaping buffer adjacent to roadway. Required = 50 '=(maximum allowed break in landscaping for access purposes ) Proposed = 60 ' Variance = 10 ' or 20% Page 1 of 7 411 . 1 ,,rte ; : City of ORO O. .?ds .errsms � 1.4 RESOLUTION OF THE CITY COUNCIL y NO. 2674 ORONO C) Section 10.41 , Subdivision 9 (B ) - Lakeshore setback required for commercial structure. Required = 75 ' Existing = 55 ' Proposed = 29 ' Variance = 46 ' or 39% Required side yard setback for commercial structure. Required = 10 ' Existing = 14 ' Proposed = 5 ' (south side yard - adjacent to commercial zone) Variance = 5 ' or 50% D) Section 10.41, Subdivision 10 (D) - Hardcover variance is required for new construction. Tanager Lake Side: 0-75 ' Setback Area = 9,000 square feet Allowed = 0 ' • Existing = 8,720 square feet or 96 . 8% Proposed = 6,076 square feet or 67% (Application #1263 - hardcover proposed at 6,376 s.f. or 70%) 75-250 ' Setback Area = 9,700 square feet Allowed = 25% Existing = 9,700 square feet or 100% Proposed = 8,810 square feet or 90% (Application #1263 - hardcover proposed at 9,110 s.f . or 94%) Total reduction on Tanager Lake side of 3,534 square feet of hardcover (Application #1263 - total reduction in hardcover 2,934 s.f. ) . NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1424 . 2. The property is located in the B-2 Lakeshore Commercial Business District. 3. The Orono Planning Commission reviewed this application • on June 17, 1989, and recommended approval of the proposed variances and commercial site plan as proposed based upon the following findings: Page 2 of 7 I & -{ . of ORONO City , �°-CITiy,.,,, RESOLUTION OF THE CITY COUNCIL :I _• O p NO. 2674 ORONO A) The total hardcover removed as a result of these improvements will be 3,534 s.f. or 19%. B ) The removal of the two existing commercial structures and the replacement of just one structure at 4,500 s.f. as originally approved in Application #1263 will result in a less intense commercial use of this severely limited property. C) The amended proposal will provide far more green area than the original site plan approved with Application #1263. D) The applicant has proposed better treatment of drainage and run-off with the amended proposal. E) The amended proposal provides the removal of 600 s.f. of additional hardcover than was required to be removed with original land use application #1263. • F) The property has sustained a marina use for over 25 years. 4 . The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variances on the health, safety and welfare of the community. 5. The City Council finds that the conditions existing on this property are peculiar to' it and do not apply generally to other property in this zoning district; that granting the variances would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. Page 3 of 7 • .. ., • ,� t .:..,:;.:. City of ORONO • CITY,,-,'. RESOLUTION OF THE CITY COUNCIL C.-;'OF a'*d NO. 2674 ORON CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the findings noted above, the Orono City Council hereby grants approval of the above referenced variances to permit the relocation and construction of a commercial structure of 4,500 square feet at the property known as Windward Marine, Inc., and in addition, grants approval of the commercial site plan based on plans drawn by Rutledge Construction, Job #J 8060, revised date 6/14/89, subject to the following conditions: 1. Prior to issuing a building permit for the commercial structure and/or issuing a demolition permit for the razing of the existing structure, the following must be completed by the applicant: a) Approval by the City Engineer of final grading and drainage plans for the relocated parking area. • b) Applicant shall submit a Developer's Agreement with a Letter of Credit written at 150% of the cost of the required improvements to ensure the completion of the landscaping and site improvements required by the City as a result of the upgrading of this property. 2. All green-space areas to be planted or restored per site plan by Rutledge Construction, Inc., revised date 8/3/89 - entitled "Drainage Plan". This area includes the 5' buffer along the north and south lot lines adjacent to the residential and commercial properties, the former boat launch area in the southwest corner of the property. 3. Payment of two SAC units at $1,100.00 ($550.00 per current unit charge) with the building permit for the construction of the commercial structure. 4. The 4,500 square foot commercial structure must be provided with an automatic sprinkler system per State Building Code, Appendix E. 5. Appropriate soil erosion control program shall be maintained through the entire project and until permanent erosion control is in effect. 6. Applicant shall provide six "year-round" parking stalls • within the proposed parking area to ensure adequate customer parking space during winter boat storage months. Page 4 of 7 > � y j Cityof ORONO ,tti R ', RESOLUTION OF THE CITY COUNCIL OF ; NO. 2674 a •: ORONO;: 7. The Hennepin Department of Public Works has approved the relocation of the curb cut, subject to the following conditions: a) New entrance to be defined by bituminous curbing. b) Existing entrance should be saw-cut or curbed 6-10' from the edge strip from County Road 15. c) New driveway to be between 28-36' wide with 20' radii and shaped to maintain existing drainage pattern. d) An engineer's drawing reflecting these requirements should accompany the permit application to the County. 8. Authorities granted by this resolution run with the property not with the applicant, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval , or this • variance will expire on that date (August 14, 1990). 9. Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 10 . The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Page 5 of 7 v♦ a,� City of ORONO 4<v l�IK�, �\� • fietsi • v", I T� „ '�,_1(«A - ' RESOLUTION OF THE CITY COUNCIL . Ctir14 Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 14th day of August, 1989 . AT : ST: '� -' ' �'.�. .i I L/ ` , Dor o hm a , City Cler " Jame- R. Grabek, Mayor dffrallill',Iriir, - ft i 44/0 Altaad '' ./e0"'" Property ow P'e s) / STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on • this 14th day of August, 1989, by James R. Grabek & Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. / . s. _ , 1 . L J'! �/ I No ary Pu•lic /Ji 1,11.V:41LAURIE K. SCHEFFLER 'i' NOTARY FUBLIC-MINNESOTA r; ' HENNEPIN COUNTY •V: ;r:' My commission expiroe 6.8.93 My Commission Expires Page 6 of 7 • Resolution 2674 • _ EXHIBIT A That part of Government Lot 1. Section 11, Township 117, Range 23. described as follows: Commencing at the meander corner an the north line of said Government Lot 1: thence South 10 degrees East (assuming the North line of said Government Lot 1 as bearing East and West) a distance • of 647.23 feet to a point hereinafter referred to as "point A thence continuing South 10 degrees East a distance of 117.65 feet to the actual point of beginning; tnence South 67 degrees 48 minutes West to the snore line of Tanager Lake: thence Northerly along said snare line to a line nearing South 67 cegrees 48 minutes West from said "paint A"; thence North 67 degrees 48 minutes East to the snore line of Lake Minnetonka: znence•Soutneriy along the shore line of Lake Minnetonka to a line nearing North 67 degrees 48 minutes East from the actual point of beginning; :hence South 67 degrees 48 minutes West to the actual point of beginning; which lies Northwesterly of a line drawn parallel with and 65 feet Soutneasterly from the Northwesterly line and its extensions of the above aescribed tract, according to the Government Survey thereof. That part of 6averrment Lot 1, Section 11. Townsnio 117. Range 23. described as follows: Commencing at the meander corner on the North line of said Government Lot I; thence South 10 degrees East (assuming the North line of sa:d Goverment Lot 1 as bearing East and West) a distance of 547.23 feet to a coins hereinafter referred to as "point A"; tnence continuing South 10 degrees East a distance of 117.65 feet to the actual paint of beginning; tnence South 67 degrees 48 minutes West to the shore line of Tanager Lake: :.hence Nortnerly along said snore line to a line Dearing South 67 degrees 48 minutes West from said "flint A'; thence North 67 degrees 48 minutes East to the snore line of Lake Minnetonka; tnence Southerly along the shore line of Laze Minnetonka to a line bearing North 67 degrees 48 minutes East from-the actual point of beginning; t part tnence parallel-witnnanos65est feetAtne actual point of Scutneasterly from tneetlortnwester!yplineaand tsof extensionseofetneibed aooveract wnicn lies descrioed tract,oaccordingly to the daverriment Survey thereof. . 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 Gov- ernment Lot 1; thence South 10 degrees East (assuming the North line of said Government Lot t as nearing East and West) a distance of 764.88 feet to the actual point of beginning; thence North 67 degrees 48 minutes East to the snare of Lake Minnetonka: thence Soutneasterly along said snare to its Intersection with a line bearing North 67 degrees 48 minutes East from a point wnicn is on a line bearing South 10 degrees East and distant 61.29 feet from :Ce actual paint of beginning; thence South 67 decrees 46 minutes West to the snare of Tanager Lake (formerly •o Lake): thence Northwesterly along the snore of Tanager Lake to its intersection with a line bearing South 67 degrees 48 minutes West from " actual point of beginning; thence North 67 degrees 48 minutes East to the actual point of beginning, according to the Government Survey tnereof, at part of Government Lot 1. Section 11, Township 117, Range 23 described ac coaoencing at the meander corner on the North line of said Gov- ernment Lot 1; thence Saute 10 degrees East (assuming the North line of said Government Lot I as nearing East) a distance of 555.64 feet to the point of beginning of to land to be described; thence continuing South 10 degrees East a distance of 61.39 feet: thence north 67 degrees 48 min- utes East to the snore line of Lake Minnetonka; tnence Northwesterly along said snore !ine to Lite intersection with a line bearing North 67 de- grees 48 minutes East from the point of beginning; thence South 67 degrees 48 minutes West to tie point of beginning, according to the Govern- ment Survey thereof, That part of Government Lot 1, Section 11, Township 117, Range 23 described as commencing at the meanaer corner on the north line of said Government Lot 1; thence South 10 degrees East (assuming the North line of said Goverroent Lot 1 as bearing East and West) a distance of 826.27 feet to the actual peint-of beginning; thence North 67 degrees 48 minutes East to the shore of Lake Minnetonka: thence Southeasterly along said shore 60 feet, more or less. to an intersection with a line bearing north 67 decrees 48 minutes East from a point which is an a line bearing South 10 degrees East area distant 61.39 feet from the actual point cif beginning; thence South 67 degrees 48 minutes West to the snore of Tanager Lake (formerly Mud Lake); tnence Northwesterly along the snare of Tanager Laxe to an intersection with a line bearing South 67 degree= 18 minutes West from the actual point of beginning; thence North 67 degrees 48 minutes East to the actual point of beginning. according to the Government Survey thereof. • ,i • • • • ..n r-r d,. '�.. .:•. - -• ,. .- _ _-.— a ...,:^. -toot. _. ..�., _.,.���t =- - -_- _ a.�.._,-.. c�=Y.toot-........�:,�i«.a..uno-r•.. .,A.i.-- ,,�...-."giv.. e,-.0�':.d^ 7.w•--1•..r_'': :,t4 + '..35---�.__._ • IVF y• ,"1: f ORONO tx , CITY . RESOLUTION OF THE CITY COUNCIL "0F ; 2674 � r. NO. `ORONO STATE OF MINNESOTA ) ss . COUNTY OF HENNEPIN ) On this /I/4) day of , 1982 before me a Notary Public within and for said county, personally appeared z1713y1,,_g 4)_ Q I)-2..,S known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. ate---- NOTARY PU: THEREE L NAAB „,," PI •MINNESOTA HENNEPIN iaooSo9a MY COMMISSION EXPIRES STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this` ' day of , 198 , before me � onN^ lt-ary Public within and for laid County, personally appeared 14. P,I'IJo .v..s known to me to be the persons) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. THERE8A L,MINAB TA NY BLIC •/:4,06,7i:NOTARY PUB10 HENNEPINC2rouN»2 .N• cn LpI 8--7a MY COMMISSION EXPIRES Page 7 of 7 i -. 0.4? 0 O CITY of ORONO , ,,,, ' ti 1.34 OSlji(I4 •�G~ RESOLUTION OF THE CITY COUNCIL 4kzs001' NO. 6 0 3 T,. A RESOLUTION GRANTING A CONDITIONAL USE PERMIT FOR BOAT CLUB USE PER MUNICIPAL ZONING CODE SECTION 78-666(1) FOR THE PROPERTY AT 1444 SHORELINE DRIVE - FILE NO. 11-3501 WHEREAS, Luke Kujawa of Your Boat Club, LLC, a Minnesota limited liability corporation (hereinafter the "applicant") on behalf of Browns Bay LLC, a Minnesota limited liability corporation (hereinafter the "owner") has an interest in the property located at 1444 Shoreline Drive within the City of Orono (hereinafter the "City") and legally described as follows: Exhibit A, attached (hereinafter the "commercial property"); and WHEREAS, the applicant has applied to the City. for a conditional use permit to permit a boat club use to operate at the commercial property per Municipal Zoning Code Section 78-666(1); and WHEREAS, the commercial property has for many years been operated as a commercial marina and has made use of two adjacent residentially-zoned parcels at 1440 and 1442 Shoreline Drive for parking to serve the commercial marina use, said parcels legally described as follows: Exhibit B, attached (hereinafter the "residential property"). NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #11-3501. 2. The commercial property is located in the B-2 Lakeshore Business District and comprises approximately 0.66 acres in area. Additionally, the portion of the residential property located east of Shoreline Drive is used for marina purposes and is zoned B-2, comprising an additional approximately 0.10 acres. The total area zoned B-2 and used for marina purposes is approximately 0.76 acres. Page 1 of 8 )‘' o4 - CITYof ORONO A '\ ' „Kei; ....., ,c., vL 'v 1'i',r' k�G~ RESOLUTION OF THE CITY COUNCIL 41/CA1101' NO. 6037 3. The portion of the residential property west of Shoreline Drive is zoned LR-1A Lakeshore Residential District comprising approximately 0.37 acres in area, of which approximately 50' x 110' or 0.13 acre has been historically used for marina parking. 4. On March 21, 2011 the Orono Planning Commission reviewed the application as proposed and voted 4-1 to recommend denial of the application based on the lack of sufficient information to guarantee the number of parking stalls available to serve the marina and boat club uses, but to change that recommendation to one of approval if the applicant submits further evidence to staff to demonstrate that the combined use of the marina and boat club will comply with the parking regulations of Section 78- 668 and staff finds that the objective requirements of that section are met and adequate parking is available at the site. 5. The City Council makes the following findings of fact regarding this application: a. Resolution No. 2674 adopted by the City Council on August 14, 1989 documented the availability of 73 total parking stalls on the commercial and residential properties falling 4 stalls short of the 77 stalls determined to be required by code for the marina use at that time under the approved site plan, and a 4-stall variance was granted. b. The zoning code does not currently establish an incremental parking requirement for the boat club conditional use. c. Council finds that operation of a boat club use does not require additional parking over and above the level required for marina use if the boat club is operated in an appropriate manner. d. Changes in the marina operation at this site since 1989 have resulted in fewer boat slips on the water, with the current number of required parking stalls being calculated as follows: Total slips on water: 97 Total slips devoted to retail sales/display/service operation: 6 Net available rental slips: 91 slips x 0.6 stalls required per slip = 54.6 stalls Additional stalls required for sales/service operation: 8 stalls Additional stalls required for area of building > 1000 s.f.: 3 stalls Additional stalls required for employee parking: 4 stalls (nominal) Total stalls required per current code = 54.6+8.0+3.0+4.0=69.6 = 70 stalls Page2of8 ev "10 CITY of ORONO i4 ..4 01Mi•+G 47 RESOLUTION OF THE CITY COUNCIL ___. ik es8o4' NO. 6 0 3 7 e. The number of available parking stalls is as follows: Tanager Lake side of CR15: 24 paved,marked stalls at 1444 Shoreline 26 unmarked gravel stalls at 1440-42 Shoreline Browns Bay side of CR 15: 26 unmarked stalls in rectangular gravel parking lot 5 potential parking stalls in triangular gravel area Total Available Stalls in areas previously approved for parking: 76 stalls Additional potential stalls not previously approved for parking: 5 stalls f. The City Council finds that the number of available parking stalls exceeds the required number of stalls for the proposed marina and boat club operation. g. Applicant's analysis of parking needs for the boat club use suggests that the nature of the boat club business is self-limiting, to the extent that proper site management resulting in club customers having no difficulties parking at the site is critical to maintaining the customer base. The applicant has acknowledged that there is no additional parking available on nearby roadways and has indicated that off-site parking is not part of his intended business plan but may be used on occasion in a worst-case scenario. The Council finds that formally establishing an off-site parking requirement to serve the boat club use is neither desirable nor warranted. h. The location of this marina on both sides of Shoreline Drive creates a situation in which it is necessary to make all reasonable attempts to limit the need for pedestrian crossing of the public road. i. The 1989 approval for use of parking stalls located on the adjacent residential property was predicated on the common ownership of those residential parcels with the marina property. The recent changes in ownership which have resulted in the residential property being in separate ownership from the commercial property require establishment of a legal relationship to ensure the continued viability of this parking arrangement. j. The Council finds that it would be appropriate to establish a limit at this time to the number of slips allowed to be devoted to boat club use, because of the lack of data and unpredictability of the parking needs for the boat club use. The property owner could apply for an amendment of the CUP in the future to request additional boat club usage, which would be reviewed on its merits at that time. Page 3 of 8 � o� o ;% \ o _ CITY of ORONO 14 ��� '�► `h ��G~ RESOLUTION OF THE CITY COUNCIL 9kESI30g' NO. 6 0 3 7 6. The City Council finds that granting a conditional use permit to allow a boat club use at 1444 Shoreline Drive will not be detrimental to the health, safety or general welfare of the public, would not adversely affect light, air nor pose a fire hazard or other danger to neighboring properties, nor will its use depreciate surrounding property values and that the proposed level of use of the property will be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. 7. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed conditional use permit on the health, safety and welfare of the community. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a conditional use permit per Municipal Zoning Code Section 78-666 to allow a boat club use at 1444 Shoreline Drive subject to the following conditions: 1. This approval shall not become effective until the City Attorney has approved the documentation establishing the permanent right for the marina to use parking area on the residential properties. 2. Operator(s) of the marina and boat club shall endeavor to have customer parking occur on the same side of Shoreline Drive as the boat being accessed, to avoid pedestrian crossings of Shoreline Drive. 3. No more than 20 slips may be devoted to boat club use. An amendment of this conditional use permit will be required in order to exceed this number. 4. Applicant and owner are advised that the only allowed commercial use of the residential property west of Shoreline Drive is for parking, and that the residence buildings on the residential property may not be used for commercial purposes. 5. The original approvals for redevelopment of this site in 1989 required establishment of rock beds at the lakeward end of the two main parking areas for trapping sediment and debris from the site. The property owner shall clean out and rebuild these structures as necessary to continue their effectiveness Page 4 of 8 °40 CITY of ORONO ti z4,4�j j! �IMS�,g�Gti RESOLUTION OF THE CITY COUNCIL kESHo NO. 6 0 3 7 6. Handicap parking stall signage and/or markings shall be re-established in appropriate location within the paved parking area. 7. Signage for the various uses will continue to be limited to that allowed by City Code for a commercial site. 8. The property owner shall ensure that lighting on land and on the docks is shielded to avoid future concerns of neighboring property owners. 9. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the Zoning Code, shall automatically eliminate any authority granted herein, and shall be punishable as a misdemeanor. The undersigned property owner has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the Chain of Title of the property. Adopted by the City Council of the City of Orono this 11th day of April, 2011. ATTEST: 4e.#2‹, J'ar't /1-6AI/et,' Linda S. Vee, City Clerk Lili Tod McMillan, Mayor Brown's Bay LLC By: ` ,`�'► .G. Kaminski, ' manager Page 5 of 8 . O 0 ,IV' __...,. ,, _..,.--,..„,, ,,r-., 1 , CITY of ORONO % `'k ,11;;214,- t iM .iG~' RESOLUTION OF THE CITY COUNCIL 41kESHAA N0. _ STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this g day of )►4 , 2011 by Lili Tod McMillan, Mayor of the City of Orono, a Minnesota municipal corporate and said instrument was executed on behalf of the City. S :.T.' ea,,,t MONICA A.FADNESS +':'(',;•,,`', NOTARY PUBLIC-MINNESOTA My Commission Expires Jan.31,2012 �1111A LQ.— Q- c--Alitesei ✓.l-�lll.sc,:/.../.rllll/./✓fI✓lI./JlJti Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this q day of , 2011 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporatio and said instrument was executed on behalf of the City. S MONICA A.FADNESS )RiviA:e.A_. Ci ti !,,,`,4,. NOTARY PUBLIC-MINNESOTA + : ' My Commission Expires Jan.31,2012l`l Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this 9 day of Plialj , 2011 by M.G. Kaminski, manager of Brown's Bay LLC, a Minnesota limited liability company on behalf of Brown's Bay LLC. .-----,,,,,,,,,,,,,-1 S :1 ,. BARBARA G.SILUS 62446aAA ailt0e1 t,, =7 NOTARY PUBLIC-MINNESOTA NotaryPublic . My Commission Expires Jan.31,2013 l� Page 6 of 8 v. O O CITY of ORONO GAJ% 1* RESOLUTION OF THE CITY COUNCIL 14,t4 , M► fir t� NO. 6 0 3 7 EXHIBIT A Legal Description of the Commercial Property The following two parcels in Hennepin County, Minnesota: 1444 Shoreline Drive, Orono, Minnesota, PID 11-117-23-22-0006: That part of Government Lot 1, Section 11, Township 117, Range 23 described as commencing at the meander corner on the North line of said Government Lot 1; thence South 10 degrees East (assuming the North line of said Government Lot 1 as bearing East and West) a distance of 764.88 feet to the actual point of beginning; thence North 67 degrees 48 minutes East to the shore of Lake Minnetonka; thence Southeasterly along said shore to its intersection with a line bearing North 67 degrees 48 minutes East from a point which is on a line bearing South 10 degrees East and distant 61.39 feet from the actual point of beginning; thence South 67 degrees 48 minute West to the shore line of Tanager Lake (formerly Mud Lake); thence Northwesterly along the shore of Tanager Lake to its intersection with a line bearing South 67 degrees 48 minutes West from the actual point of beginning;thence North 67 degrees 48 minutes East to the actual point of beginning. Address Unassigned, PID 11-117-23-22-0007: That part of Government Lot 1, Section 11, Township 117, Range 23 described as commencing at the meander corner on the North. line of said Government Lot 1; thence South 10 degrees East (assuming the North line of said Government Lot 1 as bearing East and West) a distance of 826.27 feet to the actual point of beginning; thence North 67 degrees 48 minutes East to the shore of Lake Minnetonka; thence Southeasterly along said shore 60 feet more or less to an intersection with a line bearing North 67 degrees 48 minutes East from a point which is on a line bearing South 10 degrees East and distant 61,39 feet from the actual point of beginning; thence South 67 degrees 48 minute West to the shore of Tanager Lake (formerly Mud Lake); thence Northwesterly along the shore of Tanager Lake to an intersection with a line bearing South 67 degrees 48 minutes West from the actual point of beginning; thence North 67 degrees 48 minutes East to the actual point of beginning. Torrens property Page 7 of 8 . " 0# v () OCITY of ORONO A 1\' ,' f t ,. ti �s i1.�, � . G~ RESOLUTION OF THE CITY COUNCIL `9k'ESI;04iNO. 6 0 3 7 EXHIBIT B Legal Description of the Residential Property The following two parcels in Hennepin County, Minnesota: 1440 Shoreline Drive, Orono, Minnesota, PID 11-117-23-22-0004: That part of Government Lot 1, Section 11, Township 117, Range 23 described as follows: Commencing at the meander corner on the North line of said Government Lot 1; thence South 10 degrees East (assuming the North line of said Government Lot 1 as bearing East and West) a distance of 647.23 feet to a point hereinafter referred to as "Point A"; thence continuing south 10 degrees East a distance of 117.65 feet to the actual point of beginning; thence South 67 degrees 48 minutes West to the shore of Tanager Lake; thence Northerly along said shore line to a line bearing South 67 degrees 48 minutes West from said "Point A"; thence North 67 degrees 48 minutes East to the shore of Lake Minnetonka; thence Southerly along the shore line of Lake Minnetonka to a line bearing North 67 degrees 48 minutes East from the actual point of beginning; thence South 67 degrees 48 minutes West to the actual point of beginning; which lies Northwesterly of a line drawn parallel with and 65 feet Southeasterly from the Northwesterly line and its extensions of the above described tract. 1442 Shoreline Drive, Orono, Minnesota, PID 11-117-23-22-0005: That part of Government Lot 1, Section 11, Township 117, Range 23 described as follows: Commencing at the meander corner on the North line of said Government Lot 1; thence South 10 degrees East (assuming the North line of said Government Lot I as bearing East and West) a distance of 647.23 feet to a point hereinafter referred to as "Point A"; thence continuing south 10 degrees East a distance of 117.65 feet to the actual point of beginning; thence South 67 degrees 48 minutes West to the shore of Tanager Lake; thence Northerly along said shore line to a line bearing South 67 degrees 48 minutes West from said Point A"; thence North 67 degrees 48 minutes East to the shore of Lake Minnetonka; thence Southerly along the shore line of Lake Minnetonka to a line bearing North 67 degrees 48 minutes East from the actual point of beginning; thence South 67 degrees 48 minutes West to the actual point of beginning; except that part of the above described tract which lies Northwesterly of a line drawn parallel with and 65 feet Southeasterly from the Northwesterly line and its extensions of the above described tract. Torrens Property Page 8 of 8 O O CITY of ORONO RESOLUTION OF THE CGI 9 COUNCIL .�� �i,� ��_ 4G'ti NO. kESIi0 A RESOLUTION GRANTING COMMERCIAL SITE PLAN APPROVAL FOR INSTALLATION OF AN UNDERGROUND MARINE FUEL STORAGE TANK AND APPURTENANCES FOR THE PROPERTY AT 1442-1444 SHORELINE DRIVE - FILE #14-3647 WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, the City Council of the City of Orono (hereinafter "City Council") has adopted land development regulations for the orderly, economic and safe development of land within the City; and WHEREAS, per Orono Zoning Code Section 78-142, EOF Investments, LLC dba Your Boat Club LLC ("the Applicants") have applied for commercial site plan approval for installation of an underground marine fuel storage tank and appurtenances for the properties located at 1442-1444 Shoreline Drive within the City of Orono and legally described as: Exhibit"A" attached, Hennepin County,Minnesota (hereinafter "the property"); and WHEREAS, the applicants own and operate a marina providing services to the public including dock slip rental, boat and marine equipment sales, and a boat club involving properties addressed as 1440, 1442 and 1444 Shoreline Drive; and WHEREAS, the Applicants are requesting approval for installation of a below- ground fuel tank within the parking lot area south of the gazebo on the Brown's Bay side of County Road 15, which tank would serve a gas dock with fuel dispensing equipment to be located on the center section of docks at the site; such system being located within the properties addressed as 1442 and 1444 Shoreline Drive; and Page 1 of 6 • O O CITY of ORONO 1% RESOLUTION OF THE CITY COUNCIL ' 'Aii � 047 NO. 6369 9kESHOg' WHEREAS,the Applicants are concurrently applying to LMCD and MnDNR for approval to reconfigure the necessary portions of the existing dock system to accommodate the fueling operation; and WHEREAS, the sale of marine fuel is a permitted use within the B-2 Lakeshore Business District in which the Property is located; and WHEREAS, pursuant to mailed and published public notice, the Orono Planning Commission held a public hearing on this application for commercial site plan approval on January 21, 2014, at which time all persons wishing to comment on the proposal were allowed to comment; and WHEREAS, on January 21, 2014, the Orono Planning Commission voted 5-0-1 to recommend approval of the commercial site plan; and WHEREAS, the City Council has considered the application by the Applicants for commercial site plan approval, and per the evaluation criteria established for approval of a commercial site plan in Orono Zoning Code Section 78-145, makes the following findings: (1) The proposed use is compatible with surrounding land uses. The immediately surrounding land use is commercial in nature. Directly south of the proposed tank location is another commercial marina. The nearest residence structure (the residentially zoned house at 1442 Shoreline Drive, owned by the applicants) is approximately 170 feet from the tank, with the nearest neighboring residence approximately 230 feet from the tank and 200+ feet from the gas dock. Delivery and dispensing of fuel to boats in the water on Brown's Bay is not likely to be incompatible with surrounding land uses. (2) The proposed use preserves existing unique and natural features of the site and minimizes impacts to wetlands, floodplains, and shoreland areas. The proposed tank location is on a portion of the property in an existing hardcover (gravel) parking lot. with an existing land surface slightly lower than the 931.5' 100-year flood elevation, based on the ALTA survey on file. The design of the tank installation incorporates measures to address tank buoyancy and accommodate parking above the tank, and will be fitted with sealed ports to eliminate surface water inflow. The proposed tank will meet all design standards necessary to avoid fuel discharges to the environment. (3) The proposed use creates harmonious relationship of buildings and open space with natural site features and with existing and future buildings having a visual relationship of the Page 2 of 6 . , 0 4, CITY of ORONO A1 - ! RESOLUTION OF THE CITY COUNCIL fir;.., ;_ NO. 6ESHOV:V development. The proposed underground tank will result in only very minimal visual impacts on the site. (4) The proposed use achieves a safe and efficient vehicular and pedestrian circulation system. The tank installation will not reduce parking on the site and is not expected to impact traffic or pedestrian movement. Because the boat club operation is located on the same side of CR15 as the proposed fueling facilities, pedestrian crossing of CR15 is not expected to increase due to the fueling operation. (5) The proposed use will place no excessive demands on services and infrastructure, including local streets. Because this is a marine fueling station, not intended or allowed to serve other than boats on the water, vehicular traffic on surrounding streets is not expected to change due to the fueling operation. (6) The proposed use conforms to the city's plans for parks, streets, and walkways. (7) The proposed use conforms to the Orono Community Management Plan (CMP). The property is guided for commercial use in the CMP. The proposed fueling facilities when properly installed and operated are not expected to cause negative environmental impacts nor be in conflict with the CMP. (8) The proposed use will achieve a maximum of safety and convenience of vehicular and pedestrian movement. The fueling system will be required to meet all safety requirements established in City and other agency regulations. In terms of vehicular and pedestrian movement, location of the fueling system on the same side of CR15 as the primary use it intends to serve (i.e. the boat club use) will help to minimize pedestrian movement across CR15. (9) The proposed use incorporates sufficient landscaping to reasonably screen undesirable features and to enhance the image of the development. Visual impacts of the proposed fueling facilities are anticipated to be very minimal and are not expected to require screening. (10) The proposed use protects abutting properties and does not create detrimental disturbances to surrounding properties. The proposed fueling facilities and operation are not anticipated to disturb surrounding properties. (11) The proposed use will conform to all requirements of this chapter. The fueling operation is a permitted use in the B-2 District. All pertinent setback requirements will be met with the proposed tank location (75' to lake, 30' to street lot line, 10' to side lot line). The tank will be required to be flood-proofed in accordance with the provisions of Section 78-1121(3) Page 3 of 6 fO � , O CITY of ORONO Ay`s ..- A t{`V` r G/,.4 RESOLUTION OF THE CITY COUNCIL �. ,x,01I� , _ O~ NO. 636 9 4.4*sacri‘4 and will be required to be installed in a manner such that it is not subject to flooding, in order to not fall under the prohibition of Section 78-1121(5) on storage of materials that are, in time of flooding, flammable, explosive, or potentially injurious to human, animal, or plant life. The tank and fueling system will be required to meet all applicable provisions of the Minnesota Uniform Fire Code. (12) The proposed use incorporates efforts to conserve energy whenever practical. The use of a 2,000 gallon tank will reduce the interval between tank refills. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Orono does hereby grant commercial site plan approval for installation of an underground marine fuel storage tank and appurtenances for the properties located at 1442-1444 Shoreline Drive, subject to the following conditions: 1. Applicants shall combine the southerly two tax parcels (0006 & 0007), and provide confirmation of an easement over parcel 0005 for the gas line leading to the dock. 2. Prior to issuance of tank installation permit, applicants shall obtain any appropriate MC WD permits that may be required. 3. Prior to issuance of tank installation permit, applicants shall provide to the City a copy of LMCD gas dock approval/permit. 4. Installation permit will be subject to review & approval of Orono Building Official and Long Lake Fire Chief. 5. Installation and operation of fueling system shall meet all City and State requirements. 6. Approval is subject to submittal of any required SWPPP & NPDES permits. 7. The tank and appurtenances installation shall be in conformance with the site plan and installation plans attached to this resolution as Exhibit B. Any changes in location or design from the approved plans may be subject to further City review. 8. Authorities granted by this resolution run with the property not with the applicants, but are permissive only and must be exercised by obtaining a mechanical permit by February 24. 2015 or the approvals will expire on that date. 9. Violation of or non-compliance with any of the terms and conditions of this commercial site plan approval shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. Page 4 of 6 O � O CITY of ORONO THE CITY COUNCIL � ti RESOLUTION OF 6 3 6 9 10. The undersigned owners have read, understand and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the Chain of Title of the Property. Adopted by the City Council of Orono this 24th day of February, 2014. ATTEST: Cc Rachel Dodge, City Clerk Lili Tod McMillan, Mayor 7 Applicant Applicant (for EOF Investments, LLC) Page 5 of 6 . ‘ 1V. O , oO CITY of ORONO � 'y` A ' RESOLUTION OF THE CITY COUNCIL t9i,, ;�� ' SON' No. 6369 kESH04' STATE OF MINNESOTA COUNTY OF HENNEPIN On this I `I day of Apr i I , 2014, Luke- kscAa rd kat"11°4.- p rof EOF Investments, LLC personally appeared before me on behalf of EOF Investments, LLC. .• .. all BARBARA G.SILOS ioelat 8jueu.. : NOTARY PUBLIC-MINNESOTA •W� M,CdwiliCeE, Mn-31,2110 Notary Public Page 6 of 6 EXHIBIT A RESOLUTION NO. 6369 Legal Description The following three parcels in Hennepin County, Minnesota: 1442 Shoreline Drive, Orono, Minnesota, PID 11-117-23-22-0005: That part of Government Lot 1, Section 11, Township 117, Range 23 described as follows: Commencing at the meander corner on the North line of said Government Lot 1; thence South 10 degrees East (assuming the North line of said Government Lot I as bearing East and West) a distance of 647.23 feet to a point hereinafter referred to as "Point A"; thence continuing south 10 degrees East a distance of 117.65 feet to the actual point of beginning; thence South 67 degrees 48 minutes West to the shore of Tanager Lake; thence Northerly along said shore line to a line bearing South 67 degrees 48 minutes West from said Point A"; thence North 67 degrees 48 minutes East to the shore of Lake Minnetonka; thence Southerly along the shore line of Lake Minnetonka to a line bearing North 67 degrees 48 minutes East from the actual point of beginning; thence South 67 degrees 48 minutes West to the actual point of beginning; except that part of the above described tract which lies Northwesterly of a line drawn parallel with and 65 feet Southeasterly from the Northwesterly line and its extensions of the above described tract. Torrens Property 1444 Shoreline Drive, Orono, Minnesota, PID 11-117-23-22-0006: That part of Government Lot 1, Section 11, Township 117, Range 23 described as commencing at the meander corner on the North line of said Government Lot 1; thence South 10 degrees East (assuming the North line of said Government Lot 1 as bearing East and West) a distance of 764.88 feet to the actual point of beginning; thence North 67 degrees 48 minutes East to the shore of Lake Minnetonka; thence Southeasterly along said shore to its intersection with a line bearing North 67 degrees 48 minutes East from a point which is on a line bearing South 10 degrees East and distant 61.39 feet from the actual point of beginning; thence South 67 degrees 48 minute West to the shore line of Tanager Lake (formerly Mud Lake); thence Northwesterly along the shore of Tanager Lake to its intersection with a line bearing South 67 degrees 48 minutes West from the actual point of beginning; thence North 67 degrees 48 minutes East to the actual point of beginning. Torrens Property Page 1 of 2 Address Unassigned, Orono, Minnesota, PID 11-117-23-22-0007: That part of Government Lot 1, Section 11, Township 117, Range 23 described as commencing at the meander corner on the North. line of said Government Lot 1; thence South 10 degrees East (assuming the North line of said Government Lot 1 as bearing East and West) a distance of 826.27 feet to the actual point of beginning; thence North 67 degrees 48 minutes East to the shore of Lake Minnetonka; thence Southeasterly along said shore 60 feet more or less to an intersection with a line bearing North 67 degrees 48 minutes East from a point which is on a line bearing South 10 degrees East and distant 61,39 feet from the actual point of beginning; thence South 67 degrees 48 minute West to the shore of Tanager Lake (formerly Mud Lake); thence Northwesterly along the shore of Tanager Lake to an intersection with a line bearing South 67 degrees 48 minutes West from the actual point of beginning; thence North 67 degrees 48 minutes East to the actual point of beginning. 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STATE OF MINNESOTA ) ) ss COUNTY OF HENNEPIN ) The undersigned, being duly qualified and appointed City Clerk of the City of Orono, Minnesota, certifies that I compared the foregoing resolution adopted at the meeting of the Orono City Council on February 24, 2014, with the original thereof on file in my office, and the same is a correct transcription thereof. WITNESS my hand officially as such City Clerk and the corporate seal of the City this 'day of ,L- 20 / , 2014. /7 Lea t City Clerk MEMORANDUM To: City Council From: Mike Gaffron Date: August 6,2014 Subject: Your Boat Club(aka EOF Investments,LLC) 1440-1442-1444 Shoreline Drive -Applications Update Attachments: A- 13-3606 Notice of Council Action dated 8/21/13 B - 14-3666 Notice of Council Action dated 7/11/14 C -Tanager Dock Layout Proposals(under LMCD review) & City Response D -Zoning History Per the Mayor's request,the following is an update on the various Your Boat Club applications for the properties at 1440-1442-1444 Shoreline Drive. 13-3606: CUP Amendment for expansion of Boat Club use from 20 slips to 30 slips. This application was tabled by Council on August 8,2013 pending resolve of a number of issues(see Attachment A). The applicants have requested extensions to the statutory review period on a regular and timely basis while those issues are being addressed. The latest extension expires October 14, 2014. 14-3647: Fuel Tank CUP. The fueling system CUP was approved by the Council in February 2014. The fueling system has been installed. 14-3666: Rezoning of 1440 and 1442 from LR-1A to B-2. The applicants have withdrawn the rezoning application as of August 5, and are expected to be filing a request for an amendment of the Comprehensive Plan to reguide certain residential portions of the property for commercial use. LMCD Multiple Dock License Status: LMCD issues separate multiple dock licenses for each side of County Road 15 for this marina. The Tanager Lake dock system is licensed as Browns Bay Marina Site 2. EOF has made a formal application to the LMCD for a revised multiple dock license and variance,which would revise the Tanager Lake dock layout to eliminate encroachments of the extended south lot line and extend the north dock system an additional 50 feet into the lake but not encroaching past the current B-2 zoning boundary. I responded on July 15 to LMCD's request for comment,that this was an improvement over the existing situation. On July 17 I received from Luke a revised proposed dock layout which made the southerly dock slips smaller(see Dock Layout plans attached,Attachment C)to accommodate personal watercraft rather than full-size boats. I subsequently conversed with Greg Nybeck and advised that this did not change my comments. The LMCD board reviewed the application on July 23 and voted 7-5 to direct staff to prepare findings of fact for consideration of approval. The next LMCD board meeting at which action could be taken is August 27. Zoning History: At the June 23 Council meeting staff was asked to research and report on the zoning history for properties comprising this marina. The attached memo provides that history. The attachments(4+MB) can be provided upon request. A CITY OF ORONO ZONING FILE: 13-3606 2750 Kelley Parkway P.O. Box 66 NOTICE OF CITY COUNCIL ACTION Crystal Bay, MN 55323 952.249.4600 DATE OF NOTICE: 21 August 2013 TO: Luke Kujawa - Your Boat Club COPIES: John Wooden 10 South 5th Street, #110 River Valley Power & Sport Minneapolis, MN 55402 1444 Shoreline Drive Wayzata, MN 55391 M.G. Kaminski - Brown's Bay LLC P.O. Box 232 Crown Bank Wayzata, MN 55391 601 Marquette Ave #125 Minneapolis, MN 55402 Tyler K. Olson / David B. Galle Oppenheimer Wolff& Donnelly LLP Campbell Mithun Tower - Suite 2000 222 South Ninth Street Minneapolis, MN 55402-3338 Cindy Horgen Thrivent Financial for Lutherans 625 Fourth Avenue South Minneapolis, MN 55415 TYPE OF APPLICATION: Amend Conditional Use Permit DATE OF MEETING: 12 August 2013 VOTE: 4 For 0 Against 1 Abstain Motions: 1) Approve extension of temporary fueling situation to October 15, 2013. 2) To table pending receipt of additional information from applicant and allow additional time for Council to review the issues. Note: The following additional information requested by the City Council is compiled from the actual tabling motion as well as from discussion points at the August 12 meeting. 1 Fueling is a big issue. Council expressed a reluctance to move forward with an expansion until that issue has made significant progress. 2. Council needs time to understand and gain a comfort level with the parking issues. 3. Lack of ownership is an issue. 4. Show Tanager Lake slip layout. 5. Need better information before coming back to Council re NPDES permit. 6. Provide a scaled parking plan for the entire site including the commercial and residential properties, depicted on the site survey, showing the parking stall striping plan for both sides of Shoreline Drive. This needs to be prepared by the surveyor, not cut and pasted onto the survey. What we have is not to scale and not usable for review purposes. 5. Marinas are generally subject to requirements listed in the Industrial Stormwater chapter of the National Pollutant Discharge Elimination System (NPDES) regulations administered through the Minnesota Pollution Control Agency. Please provide a copy of your NPDES permit and evidence of compliance or certification of No Exposure if applicable. 6. Provide evidence of liability insurance for all uses occurring at the site (including River Valley Power & Sport). 7. The Council questioned whether the boat club and/or other operations at this marina site comply with the required findings for issuance of a conditional use permit, specifically findings 9, 11 and 12 of Zoning Code Section 78-916(a): 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: (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; (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; Please provide a written response as to how the boat club and/or other operations on the site are compliant or can become and remain compliant with these expectations. The timeframe for Council action on Application File 13-3606 was extended to August 17, 2013 per the attached letter dated and mailed on June 4, 2013. This application will not be scheduled for further Council review until all of the information requested above is received. Future Council meetings for which this item can be scheduled are July 8, July 22 and August 12. We request that submittals be provided at least one week prior to the Council meeting. If you desire certified copies of the official Council minutes, they are available from the City Clerk after review and approval by the City Council. If you have questions please contact Mike Gaffron, Assistant City Administrator, at mgaffroncci.orono.mn.us or 952.249.4622. CITY OF ORONO ZONING FILE: 14-3666 2750 Kelley Parkway P.O. Box 66 NOTICE OF COUNCIL ACTION Crystal Bay, MN 55323 952.249.4600 DATE OF NOTICE: July 11, 2014 TO: EOF Investments, LLC COPIES: John Wooden 2020 Fremont Avenue South River Valley Power& Sport Minneapolis, MN 55405 1444 Shoreline Drive Wayzata, MN 55391 Luke Kujawa - Your Boat Club 10 South 5th Street, #110 Minneapolis, MN 55402 TYPE OF APPLICATION: Rezoning of 1440-1442 Shoreline Drive DATE OF MEETING: June 23, 2014 VOTE : 0 For 0 Against (No vote taken) After extensive discussion, the Council provided the following general direction: 1) There is not sufficient Council support for the concept of establishing a B-2 subdistrict; therefore, Planning Commission is advised to continue its review of the application as presented and not pursue a subdistrict. 2) There is some Council support for the concept of rezoning the 1442 parcel to commercial (B-2) but leave the 1440 parcel zoned residential as-is. 3) Provision of a sufficient and substantial buffer to the neighboring property to the north is a critical element of such a partial rezoning. 4) Any rezoning will first require an amendment of the Comprehensive Plan. The applicant should consider withdrawing the current application and make application for a Comprehensive Plan Amendment. Applicant's Next Meeting: The above Council direction/recommendations will be presented to the Planning Commission at its regular meeting of Monday, July 21, 2014, 6:30 p.m. in the Orono Council Chambers. Prior to that meeting, it would be appropriate for you to meet with City staff to discuss whether you wish to withdraw the re-zoning application and apply for a Comp Plan Amendment. If you desire certified copies of the official Council minutes, they are available from the City Clerk after review and approval by the Council. If you have questions please contact Mike Gaffron at mgaffron@ci.orono.mn.us or 952.249.4622. c -3 LAKE MINNETONKA CONSERVATION DISTRICTC �4 0 Q ,y , REQUEST FOR REVIEW AND COMMENTS �Y J �• UIv DATE OF REQUEST: July 1, 2014 RESPONSES DUE BY: July 15, 2014 (Note: Comments on this application are due 10 days from receipt of this notice. Return to: L.M.C.D., 5341 Maywood Road,Suite 200, Mound,MN 55364) FROM: Greg Nybeck PHONE: (952) 745-0789 Executive Director E-MAIL: gnybeck@lmcd.org TQC ✓ Municipality: Mr. Mike Gaffron, City of Orono, P.O. Box 66, Orono, MN 55323 MN DNR Ms. Kate Drewry, 1200 Warner Road, St. Paul, MN 55106 PROPOSAL INFORMATION Name of Applicant: Browns Bay Marina(Site 2) Bay: Wayzata Address of Project: 1444 Shoreline Drive, Orono, MN 55391 Project Description: The applicant has submitted new multiple dock license and variance applications to amend the legal, non-conforming multiple dock facility on Tanager Lake. The facility is currently approved for 40 Boat Storage Units (BSUs) with the approved dock located in front of the two properties currently zoned commercial. The current dock was approved with a variance from LMCD Code in 1985 (see enclosed) and the applicant is proposing to amend this while maintaining 40 BSUs. The applications have been submitted utilizing recently adopted LMCD Ordinance 217 for "Qualified Commercial Marinas". COMMENTS ON PROPOSAL Comments on Project by Reviewer (attach separate sheet if needed): Recommendation of Reviewer: AARti14-(— Name of Reviewer:M/C LPAI^1'adv^Title: fesot AAtoto-e.a_Date: ?//4;1 G-1( \ CITY OF ORONO Street Address: Mailing Address: Telephone(952)249-4600 *4\1 - 2750 Kelley Parkway P.O. Box 66 Fax (952)249-4616 Orono, MN 55356 Crystal Bay, MN 55323 www.ci.orono.mn.us KFSHO°' To: Greg Nybeck From: Mike Gaffron, Senior Planner, City of Orono Date: July 15, 2014 Subject: Browns Bay Marina(Site 2) - Proposed Dock Layout The proposed dock layout appears to resolve the issue of the southerly dock system extending over the extended lot boundary between the two marinas. Further, it eliminates slips from the southerly dock system opening to the south, which means that there should be no further interference with the adjoining marina's maneuvering area. This is a positive change from the dock plan that has been in effect for the past 3 decades. Regarding the northerly dock layout, the zero-setback from the zoning boundary between the commercial and residential zoning appears to be not significantly changing from the layout that has been approved by LMCD since the mid-1980s, with the exception of extending lakeward approximately 50 feet (from 145' to 195'). Given the approximately 115' separation between the northerly docks and the extended lot line of the adjacent residential neighbor to the north, this would not be expected to create a viable sightline issue. Based on the above, I would recommend approval of the proposed dock layout and extension. D MEMORANDUM To: City Council From: Mike Gaffron Date: 7/30/14 Subject: Zoning History - Browns Bay/Tanager Lake Marina Area Attachments: A - Staff Memo - April 10, 1980 B - February 1990 Citywide Zoning History Study and Maps C - Memo from File #185 D - 1980 Rezoning Agreement E - 1983 Lot Combination, Riparian Rights and Open Space Agreement F - 1989 Resolution and Approved Site Plan. Council had asked for a detailed review of the zoning history of the properties comprising and surrounding the marinas on Shoreline Drive at Browns Bay and Tanager Lake. The request stems from the current part-commercial/part-residential use and split zoning of the properties at 1440 and 1442 Shoreline. The first zoning in Orono was adopted in 1950. 1950 Township Ordinance. On July 10, 1950 the Orono township board created a number of zoning districts, one of which was the "Brackett's Point District", a residential district in Sections 10 and 11 that included a small commercial sub-district north of the Tanager Lake bridge. The legal description of the commercial subdistrict, attached to the 1980 staff memo (Exhibit A) included all property from the north line of 1442 Shoreline, south to the Tanager Lake Bridge, on both sides of CR15. The property addressed 1440 and all properties to the north were zoned residential. 1967 Zoning Ordinance. The 1967 zoning code established the R-1B residential district (1-1/2- acre minimum) and the B-2 lakeshore commercial district in this area, with legal descriptions defining the properties from the Tanager Lake Bridge to the north line of 1444 Shoreline as B-2. The property at 1442 Shoreline was rezoned to R-1B at this time, as were the properties to the north of it. The parcels at 1440 and 1442 contained residence structures, so the residential zoning followed that existing use pattern. The property at 1442 also contained a small commercial building known as Mac's Pizza, which functionally made 1442 a multi-use site. 1975 Zoning Ordinance. The 1975 city-wide rezoning rezoned the R-1 B areas to LR-1A, 2-acre lakeshore residential while the B-2 area did not change. 1440 and 1442 remained residentially zoned. 1444 and the properties south to the bridge remained commercially zoned. 1976. In 1976 the City approved an addition to the house at 1442 for marina owner Jim Rivers (owner/operator of Windward Marina at 1444) subject to removal of the Mac's Pizza building, and indicated the only allowed future commercial use of 1442 would be for automobile parking. See File #185 memo. Page 1of 2 1980 Rezoning Agreement. In 1980 the City and Rivers entered into a rezoning agreement in which Rivers agreed to certain actions and City agreed to grant certain approvals with regards to the properties at 1432 (today owned by Matt Johnson), 1440, 1442 and 1444. The Browns Bay portion of 1432 (i.e. East of CR15) was split off via subdivision from the portion west of CR15 and became part of the marina site. See 1980 Rezoning Agreement. 1983 Rezoning Action. In 1983 the City and Rivers agreed to a formal rezoning to B-2 of the portions of 1440 and 1442 east of CR15. Also rezoned to B-2 at that time was the small lakeshore strip on Browns Bay east of 1432. See 1983 Lot Combination, Riparian Rights and Open Space Agreement. 1989 Site Redevelopment. In 1989 the portions of marina zoned B-2 were approved for a total reconstruction that involved removal of all buildings and construction of the current main marina building at 1444 as well as the gazebo east of CR15. See 1989 Resolution and Approved Site Plan. This table provides a summary of the zoning of the various properties from 1950 to the present: Summary of Zoning History: 1950-1967 1967-1975 1975-1983 1983-Present 1432 Shoreline-West of CR15 Res Res Res Res 1432 Shoreline-East of CR15 Res Res Res Comm'l 1440 Shoreline-West of CR15 Res Res Res Res 1440 Shoreline-East of CR15 Res Res Res Comm'l 1442 Shoreline-West of CR15 Comm'l Res Res Res 1442 Shoreline-East of CR15 Comm'l Res Res Comm'l 1444 Shoreline-Both sides of CR15 Comm'1 Comm'l Comm'l Comm'l Conclusion The Johnson property at 1432 Shoreline (west of CR15) has been zoned residential from 1950 to the present. The property across from 1432, east of CR15, was zoned residential from 1950 to 1983, then rezoned to commercial in 1983 after it was split off from the west side, and remains zoned commercial today. The parcel at 1440, containing the northerly of the two residence structures, was zoned residential on both sides from 1950 until 1980. The portion east of CR15 was rezoned to commercial in 1983 and remains zoned commercial today. The parcel at 1442, containing the southerly of the two residence structures, was zoned commercial on both sides of CR15 from 1950 to 1967, then was zoned residential on both sides of CR15 from 1967 to 1983. The portion east of CR15 was rezoned to commercial in 1983 and remains zoned commercial today. The main marina property at 1444 Shoreline Drive which includes the main building and its paved parking lot, plus the gazebo and its gravel parking lot, has been zoned commercial since 1950. Page 2of 2 JAMES H. GILBERT LAW GROUP P.L.L.C. 12700 ANDERSON LAKES PARKWAY EDEN PRAIRIE, MINNESOTA 55344-7652 TELEPHONE (952) 767-0167 FACSIMILE (952) 767-0171 WWW.JGILBERTLAWGROUP.COM E-mail address: jhgilbert@lawgilbert.com February 12, 2014 Lake Minnetonka Conservation District HAND DELIVERED Board of Directors Re: Commercial Marinas and Yacht Club Proposed Code Amendments Dear Board Members: I have been retained by practically all of the commercial marina owners and yacht clubs on Lake Minnetonka to request certain amendments to the LMCD Code as it relates to commercial marinas and yacht clubs. The owners have had a number of meetings among themselves to discuss their concerns and have worked diligently to come to a consensus related to their enterprise in as narrow and limited fashion as possible. There was unanimous consensus on the need for more flexibility within the envelope of their marinas, a need to be responsive to changing market and navigation standards and to recognize the important role that commercial marinas and yacht clubs fulfill on Lake Minnetonka. The marinas benefit other lake residents, other lake users, including cruise ships, providing service, repairs, fuel, storage and emergency and distress help. They also assist first responders, where the marinas are often used as assembly and access sites, when accidents and drownings occur and recovery efforts are undertaken. These activities are inherent amenities that unquestionably make the lake a more functioning lake for both the private and public sector. These requests are in conformity to some of the LMCD's current policies. The LMCD Code already classifies commercial marinas separate from other multiple dock use owners and users in the Code. See LMCD Code §§ 102, subd. 8 and subd. 28. The purpose of the reconfiguration of non-conforming structures section § 2.015of the Code allows the LMCD "to take market demands" into consideration. The commercial marina owners are simply requesting that the realities of the current situation on Lake Minnetonka be taken into consideration. This will be more cost effective and efficient for these licensees and the LMCD staff, while meeting all of the public safety, health, environmental and navigational concerns of all of our citizens. Lake Minnetonka Conservation District February 12, 2014 Page 2 This request is also reflective of the conditions that have changed since the original adoption of the LMCD Code in the late 1960s. Since the LMCD's existence, four (4) commercial marinas on Lake Minnetonka have gone out of business. (Gales, Gray's Bay, Stubb's Bay, and a portion of Cochran's Marina.) Furthermore, the likelihood of new marinas being constructed or developed on Lake Minnetonka is minimal based upon land values, current municipal zoning, and comprehensive land use plans. Back in the 60s and 70s, most of the commercial marinas were owned by handymen and mechanic owners. Today they are operated by a group of professional managers with trained employees. And indeed these marinas are in fact an extension of the major boating industry that has made Minnesota famous. The boat industry also changed over the years. When the LMCD Code was enacted, an 8-foot-wide boat was the norm, based on highway restrictions. Now the standard width of boats is 8-1/2 to 9-feet wide. This impacts the size, dimensions and the need for reconfiguration without changing the number of boat storage units at any given marina. We are respectfully asking that the LMCD Code be amended to reflect the state of current affairs. We have endeavored to craft code changes specifically reflecting the unique status and function that commercial marinas and yacht clubs have on Lake Minnetonka that respond to the realistic needs of these marina operators. Going forward, we would like to have this matter considered at all times in public and are coming here today in good faith to discuss these requests. The specific code amendments relate to: 1) Authorized dock use area, § 2.01; 2) Special density license, § 2.05; 3) Relating to marina amenity requirements, § 2.05; 4) Executive director's discretion in reconfiguration of authorized dock use area within the envelope concept, § 2.015 and licenses, § 2.03. We do have copies of the proposed changes of the specific code sections with the changes in redline for reference. Thank you for your consideration. We look forward to resolving these matters in an expeditious manner. Sincerely, JAMES II. GILBERT LAW GROUP, PLLC loll Jams Gilbert PROPOSED AMENDMENT: Section 2.01. Authorized Dock Use Area. Subd. 1. Prohibition. No person shall use any area of the Lake outside an authorized dock use area, for docks, moorings, watercraft storage, swimming floats, ski jump storage or diving towers, unless such use is specifically permitted under the provisions of this chapter. No person shall use any area of the Lake within any authorized dock use area for docks, moorings, watercraft storage, swimming floats, ski jump storage or diving towers without the consent of the riparian owner. No person who is in charge or control of any property on the Lake whether as owner, tenant, occupant, lessee, or otherwise, shall allow any sunken, wrecked, junked, or discarded watercraft to remain within any dock use area for a period of longer than one week; provided, however, that this limitation shall not apply to watercraft within the dock use area of a commercial establishment engaged in the business of repairing and rehabilitating watercraft which is so engaged with regard to such watercraft. Subd. 2. Description of Authorized Dock Use Area. An authorized dock use area is described as follows: a) Length - The authorized dock use area for sites bordering on the Lake extends into the Lake a distance equal to the site Lake frontage to be measured at right angles to the side site lines and, except as provided herein, shall not extend into the Lake a distance of greater than 200 feet in the case of commercial docks in existence on August 30, 1978, and 100 feet in the case of other docks to be measured on a line parallel to the site side lines as extended into the Lake. In the case of commercial docks in existence on August 30, 1978, the lakeward extension of the dock use area more than 100 feet from the shoreline shall be limited to the distance from shore of the docks in existence on said date and that portion of said docks more than 100 feet from the shoreline may not be altered or expanded. The authorized dock use areas for commercial marinas and yacht clubs in existence +m January 1, 21)14 arc exempt from the preceding; limitation of 100 feet for commercial (locks and may, where appropriates and so long as such extension does not interfere with navigation or other uses of the public waters extend into the Lake a distance no greater than 200 feet, in an effort to protect the littoral zones. Extending the length of the authorized dock use areas for these facilities will lessen the disturbance in these sensitive areas. A site in existence on February 5, 1970, which has a Lake frontage of 40 feet or more, but less than 60 feet, may have a dock extending up to 60 feet into the lake. Any such site which has a Lake frontage of less than 40 feet may have a dock which extends beyond the authorized dock use area to the point necessary to reach a water depth of four feet,measured from 929.4 feet NGVD, and no further; provided that no such dock shall be located or extended more than 60 feet into the Lake. Side setbacks requirements shall be observed, however, unless a variance is granted by the Board under Section 1.07. 7. The authorized dock use area for dock facilities owned and operated by state agencies, Hennepin County, the LMCD or cities bordering on the Lake and used exclusively for law enforcement,public safety or LMCD purposes may extend up to 125' into the Lake. b) Width - The authorized dock use area for sites bordering on the Lake is limited in width by the setback limitations prescribed herein. The setback from side site lines as extended in the Lake shall be as follows: For that portion of the length of the authorized dock use area which extends from the shore The setback shall be Zero to 50 feet 10 feet 50 to 100 feet 15 feet 100 to 200 feet 20 feet 1) Where boat slips open toward a side site line, the setback provided shall be at least equal to the slip depth, but shall not be less than 20 feet. 2) Setbacks shall be doubled for all multiple docks or mooring areas and commercial docks on each side where such multiple docks are not located adjacent to another multiple dock or mooring area or commercial docks; provided, however, that multiple docks or mooring areas and commercial docks in existence on May 3, 1978, shall be non- conforming structures and shall not be subject to this subparagraph 2.) as long as such structures are not expanded, and further provided that setbacks established by Section 2.12, Subd. 3 are not required to be doubled pursuant to this subparagraph 2). c) Measurement - Authorized dock use areas shall be measured from the point which forms the shoreline when the Lake is at elevation 929.4, National Geodetic Vertical Datum, 1929. 2 PRoPosEr) 1 M,,NDMEN'i Section 2.015. Reconfiguration of Non-Conforming Structures. Subd. 1. Purpose. The protection and preservation of Lake Minnetonka has required increasingly strict regulatory measures. While the board has determined that these measures are generally appropriate on a lake wide basis, it has recognized that requiring existing facilities to come into compliance with new requirements of the code can impose substantial hardships. Therefore, as regulation of docks and boat storage on the Lake has changed, the board, in some cases, has allowed lawfully in existence at the time of adoption of new ordinances to docks awfu y p continue. In conferring such non-conforming status, the board has imposed limitations on alterations or expansions of such facilities. However, the board has determined that these limitations may be unduly restrictive without significantly advancing the public interest. The purpose of this section is to alleviate the hardship created by prohibiting changes or alterations in non-conforming dock structures for enhancing safety or to meet market demands, without compromising the spirit or intent of this code of ordinances or conferring substantial rights on owners of non-conforming docks which are not available to owners of new or conforming dock structures. Subd. 2. Applicability. a)Applicability Generally. This section applies to all dock facilities which are not in compliance with the requirements of the LMCD Code of Ordinances applicable to new facilities, but which are lawfully in existence by reason of code provisions explicitly allowing such non- conformities to continue. b) Commercial Marinas and Yacht Clubs, Executive Director Discretion over Minor Adjustments and.Changes. Commercial marinas and yacht clubs are unique facilities on the Lake in that thyprovide public dock access,,use and benefits not dependent on residency or ownership of shoreline, and these benefits are utilized by Lake residents and the boating public, and contribute to the public health and safety of the I.,ake. 'Therefore to provide more flexibi[ily; reduce administration and,procedure costs for the LMCD,_commercial marinas and yacht clubs; and to meet changing_market demand and manufacturing parameters for_boats,_the Executive Director_is _given discretion to approve minor adjustments and changes to dock dimensions, locations and reconfigurations within the 200_Foot authorized dock area of,a commercial marina and yacht club without the requirement of apubl.ic hearing,_conditional-use permit,variance,_or Board approval, provided public safety_ is not an issuer set backs are honored and there is no increase in the number of boat,storagc units unless otherwise allowed by these ordinances_ c)Exceptions to Code Requirements. By following procedures set forth in this section, owners of dock facilities on Lake Minnetonka may apply to the Board for permission to alter the configuration of non-conforming dock facilities notwithstanding: i)the provisions of section 2.01, subd. 2(a) which prohibit alteration of docks extending more than 100 feet from the shoreline; 1 ii)the provisions of section 2.05, subd. 9, which prohibit changes involving an increase in slip size without first securing a special density license pursuant to section 2.05; and iii)the provisions of 2.10, subd. 3, which prohibit the expansion of non- conforming uses. d) Applicability of Other Code Provisions. Except as otherwise specifically provided in this section,the reconfiguration of non-conforming docks must comply, in all respects,with the requirements of this Code. Subd. 3. Rules. No new dock license for reconfiguration of non-conforming docks under this section shall be issued which does not comply with the following requirements. a) The application may not result in an increase in Boat Storage Units. b) Except for commercial marinas and yacht clubs,the application may not result in an increase in total square footage of slips associated with Boat Storage Units as determined in accordance with subd. 4 of this section. c)The application may not result in a lakeward extension of the dock any further beyond 100 feet from the 929.4 NGVD shoreline than the existing dock,except as provided for in section 2.01,subd. 2(a). d)The application may not result in any further extension into non-conforming side setback areas than the existing dock. e) In the case of docks not in conformance with the provisions of section 2.01, subd. 2b)2)applicable to new facilities: i) no new Boat Storage Units shall be located in the side setback area without first securing a variance pursuant to section 1.07; and ii)the application may not result in an increase in slip length of any slips opening toward the non-conforming side setback area. Subd. 4. Procedure. a)Application. An application for reconfiguration of a non-conforming structure shall be filed with the executive director on a form prepared by the executive director, and the applicant shall provide such additional information as is deemed necessary by the executive director for consideration of the application.The application shall also be accompanied by an application fee in an amount which shall be established from time to time by resolution of the Board. An additional deposit in an amount established from time to time by resolution of the Board shall accompany the application to cover legal, surveying,engineering, inspection, maintenance and other expenses incurred by the District. The Board shall approve all expenses charged against the deposit, and the unused portion thereof shall be returned to the applicant. The application shall state that the applicant agrees to reimburse the District for any legal, surveying, engineering, 2 inspection,maintenance or other expenses incurred by the District in excess of the amount of the deposit. b)Board Determination. Upon receipt of a complete application together with the appropriate fees,the application shall be forwarded by the executive director to the Board together with a recommendation for determination of the total square footage of slips at the existing dock facilities and of a perimeter within which reconfigured docks and boat storage must be located. The executive director shall also report to the Board the status of all existing non-conformities, variances and special density licenses of the facility. The executive director shall also publish notice of a public hearing on the application in accordance with section 1.05. Following the public hearing,the Board shall adopt a resolution determining the total square footage of the slips at the existing dock facility and the perimeter within which all reconfigured docks and boat storage must be located. Minor Change Applications. Approved by Executive Director. The Executive Director may approve reconfiguration of non-conforming structures without a public hearing and without Board approval if, in addition to the requirements of Subdivision 3 of this Section, all of the following conditions are met: 1) The proposed reconfiguration does not include a conversion of slides to slips. 2)All watercraft stored at the reconfigured facility conform to the length limitations of Subdivision 9 of this Section. 3)There is no substantial change in the amount of the Lake obstructed or occupied by the dock. 4)There is no substantial change in the use of the dock or type of watercraft stored at the dock. 5)There is no increase in the number of BSUs stored outside of 100 feet from the shoreline at elevation 929.4 NGVD. 6)There is no increase in the square footage of slips outside of 100 feet from the shoreline at elevation 929.4 NGVD. The Executive Director may refer any. application to the Board and shall refer any application that the Executive Director proposes to deny. c) Guidelines and Policies. The Board may, from time to time, adopt policies and guidelines for determination of the total square footage of slips at dock facilities and for the determination of perimeters within which reconfigured docks and boat storage must be located. d) Application for New Dock License for Reconfigured Dock Facilities. Following receipt of the resolution adopted by the Board under paragraph (b) of this subdivision, the applicant may apply to the Board for a new dock license pursuant to Section 2.03. Such initial 3 application, or any subsequent application, may be made for a reconfigured dock facility which: (i) does not increase the total square footage of slips of the existing facility as determined in the resolution of the Board; (ii) does not extend beyond the perimeter established by the resolution of the Board; and (iii) is in compliance with the requirements of subdivision 3 of this section. Except as provided in this section, the provisions of Section 2.03 shall govern consideration of the new dock license application. e) Concurrent Application. The applicant may elect, at the applicant's own risk, to submit concurrent applications for the determination of dock facility perimeter and total square footage of slips, and for a new dock license. In such event, the Board shall conduct proceedings as a single combined application and shall issue its orders for determination of dock facility perimeter and total slip square footage and new dock license following a single, combined public hearing. f) Facilities Currently Existing under Previously Issued Variances. In the case of facilities currently existing under previously granted variances, the application for a new dock license must be accompanied by an application for a variance or variance amendment pursuant to Section 1.07 unless the new dock license conforms to all requirements of the previously granted variance order. Proceedings for consideration of such variance application and new dock license application shall be conducted concurrently. Subd. 5. Perimeter. All docks, moorings, watercraft storage, swimming floats, ski jump storage and diving towers must be located within the perimeter established by resolution of the Board under this section. Subd. 6. Abandonment. a) General Rule. In the event a new dock license for a reconfigured dock facility is granted under this section, and the applicant constructs a reconfigured dock in accordance with such new dock license, the applicant shall be deemed to have abandoned the applicant's previously existing non-conforming status with respect to: (i) the number of Boat Storage Units; (ii) extensions of dock facilities more than 100 feet from the shoreline; (iii) dock side setbacks which are not in compliance with the provisions of this Code applicable to new facilities; and (iv) total square footage of slips at the facility. Thereafter, such facility shall have only such rights to continue as a lawful non-conforming structure as are conferred in the new dock license. b) Minimum Slip Size. For purposes of paragraph (a) of this subdivision, no slip which has a smaller width than 6 feet or a shorter length than 14 feet will be considered as a Boat Storage Unit for the purpose of maintaining lawful non-conforming status with respect to boat storage density requirements of this Code. Subd. 7. No Vested Rights. It is anticipated that in the future it may become necessary for the LMCD to attempt to make an allocation or apportionment of multiple dock, morning area, commercial dock, and launching facility privileges on and within the Lake,on an equitable basis, in order to avoid overcrowding of the Lake, or portions thereof, and in order to balance the many conflicting demands upon the Lake. In order to give notice to licensees that the license does not create any vested rights and that future regulatory actions by the LMCD may necessitate 4 modifying or discontinuing the facility for which the license is granted, each license shall state upon its face that the licensed facility is subject to existing and future density policies and regulations adopted by the Board. Subd. 8. Conversion of Slides to Slips. The Board may authorize the conversion of licensed slides to slip storage spaces at dock facilities under this section subject to the following: a)The slides must be licensed for the same site. b)Application for conversion shall be made by applications for reconfiguration under this section and for new dock licensees under Section 2.03 and subject to the review criteria of Section 2.03, Subd. 3. c) The conversion of slides to slips may not increase the number of boat storage units at the site. d) In converting slides to slips the applicant shall be given credit for 100 square feet of slip space for each slide converted. e)All slides converted to slips must be removed. Subd. 9. Watercraft Length Limitation. a) It is a condition of all dock licenses issued for docks which are reconfigured under this section after June 5, 1998, that all watercraft stored at an authorized boat storage unit location must comply with the length limitations of this subdivision. No watercraft may be stored at any boat storage unit location which has a length overall (LOA) which exceeds the following limitations: 1) for boat storage units enclosed by a slip with an end and two sides, the length of the longer side, including licensed dolphin poles,plus four feet; and 2) for all other boat storage units,the length of the side of the boat storage unit location at the dock which is parallel to the longitudinal axis of the watercraft, including licensed dolphin poles,plus four feet. However, for any boat storage unit the Board may specify a different length limitation at the time of approval or renewal of a multiple dock license if the Board concludes that the lengths specified in paragraph a) and b) above are not appropriate. In addition to the watercraft limitations specified in this subdivision, all watercraft must be stored completely within the authorized dock use area of the site. 5 b) For purposes of this subdivision, LOA means the horizontal measurement from the foremost to the aftermost points of the watercraft, including all equipment and attachments in their normal operation positions. 6 PROPOSED AMEN DME'iN1 l Section 2.03. Multiple Docks, Mooring Areas, Commercial Docks, and Launching Ramps. Subd. 1. License Required. No person may locate, construct, install or maintain a multiple dock or mooring area or a commercial dock or a launching ramp on the shoreline of the Lake, or in the waters of the Lake unless licensed by the Board to do so. Commercial marinas and milt clubs are classified separately in sections l.02�subd. 8 and subd. 28 from INiteral multiple dock licensees as commercial marinas and yacht clubs and provide public dock access to_the„Lake not.dependent on residency or ownership of shoieline,_and require Treater flexibility to meet market and navigation demands. Subd. 2. Application for License. Application for a license shall be made on forms provided by the Executive Director. The application for license shall contain(a)the name and address of the applicant, (b)the description of the property on which the facility is to be located, (c)the name and address of the owner of the premises, if different from the applicant, (d) if the applicant is not the owner, an explanation of the interest which the applicant has in the property, (e) a showing that all requisite permits, licenses and approvals from the local municipality have been obtained and that the requirements of any other governmental authority have been met, and (0 a plan showing the design and location of the facility including all Boat Storage Units. The application shall include such other information as the Executive Director may require to assist the Board in consideration of the application for the license. The application shall also be accompanied by a license fee which shall be established from time-to-time by resolution of the Board; provided that no fee shall be required for applications for launching ramps owned and operated by municipalities or other governmental agencies which are available for use by the general public without payment of fees or other charges. An additional deposit in an amount established from time to time by resolution of the Board shall accompany the application to cover legal, surveying, engineering, inspection, maintenance or other expenses incurred by the District. The Board shall approve all expenses charged against the deposit, and the unused portion thereof shall be returned to the applicant. The application shall state that the applicant agrees to reimburse the District for any legal, surveying, engineering, inspection,maintenance or other expenses incurred by the District in excess of the amount of the deposit. No such deposit shall be required in the case of renewal applications under Subdivision 13 of this Section or new license applications required by Subdivision 7 of this Section which do not require a public hearing, unless a hearing is requested by the applicant pursuant to Section 1.06, Subd. 12. Subd. 2a. As Built Survey. Upon completion of the dock installation,the licensee shall provide an as-built survey of the docks and site indicating the 929.4 foot shoreline, a line indicating the 100 foot distance from shore, dock dimensions, setbacks from property lines and witness marks for seasonal docks. The Executive Director may waive this requirement for seasonal docks. Subd. 3. Issuance of License. Licenses required by this section may be issued after a public hearing by the Board. Proceedings for the issuance of a license and the granting of a 1 variance under Section 1.07 may be combined and conducted as one proceeding. The Board may impose conditions on the granting of a license,which conditions shall be in writing. a) Review Criteria. In exercising its discretion in granting or denying licenses,the Board may consider,among other things, the following: 1) Whether the proposed facility is compatible with the LMCD watercraft density classification criteria. 2) Whether the proposed facility will be structurally safe for use by the intended users. 3) the facility will comply with the regulations contained in this ordinance. 4) Whether the proposed facility will create a volume of traffic on the Lake in the vicinity of the facility which will tend to be unsafe or which will cause an undue burden on traffic upon the Lake in the vicinity of the facility. 5) Whether the proposed facility will be compatible with the adjacent development. 6) Whether the proposed facility will be compatible with the maintenance of the natural beauty of the Lake. 7) Whether the proposed facility will affect the quality of the water of the Lake and the ecology of the Lake. 8) Whether the proposed facility, by reason of noise, fumes or other nuisance characteristics,will tend to be a source of nuisance or annoyance to persons in the vicinity of the facility. 9) Whether adequate sanitary and parking facilities will be provided in connection with the proposed facility. 10) Whether the proposed facility will serve the general public as opposed to a limited segment of the public or a limited geographical area. 11) Whether the facility will obstruct or occupy too great an area of the public water in relationship to its utility to the general public. b) Factors Not Considered. The use of multiple dock or mooring areas or launching ramps on the Lake for the purpose of increasing non-riparian property values is not a valid consideration in licensing such facilities. Subd. 4. Implied Consent to Inspection. By making application for a license, the applicant consents to permitting officers and agents of the district to enter upon the applicant's premises at all reasonable times to investigate the application and to determine whether the 2 ordinances of the district are being complied with. The application form shall contain a statement to this effect. Subd. 5. Construction and Maintenance Standards. Construction of licensed multiple docks or mooring areas, launching ramps and commercial docks must comply with all local, state and federal regulations applicable to facilities and services provided; municipal zoning,parking and other land use regulations applicable to the facility; and the rules and regulations contained in this code pertaining to Lake use and structures in the Lake. All licensed multiple docks and mooring areas, launching ramps and commercial docks shall be maintained in a structurally safe condition and shall be maintained in a neat, clean and orderly condition at all times. Subd. 6. Compliance with Conditions. A violation of any condition imposed by the Board shall be a violation of this section and grounds for revocation, suspension or modification of conditions of the license pursuant to Section 1.06, Subd. 9. Subd. 7. New Licenses as Required. Except provided in section 2.015, subd. 2(b) (new P ...) Any change in slip size, boat storage units, ownership, length, width,height or location,or change in use from one of the classifications of use specified in Section 2.11, Subd. 2 to another, of a structure or launching ramp requiring a license under this section requires the issuance of a new license therefor. The Executive Director may issue a new license without a public hearing and without requiring the payment of a fee therefor, provided: a) all information required by the Executive Director has been submitted by the applicant; b) the dock, mooring area or launching ramp is in compliance with the provisions of this code; c) there is no change in the number of watercraft to be stored at the dock or launched from a ramp; d) there is no substantial change in the slip size, length,width,height or location of the dock or launching ramp, the amount of the Lake obstructed or occupied by the dock or launching ramp,the use of the dock or launching ramp,or the type of watercraft stored at the dock or launching ramp; e) the change will not adversely affect nearby properties,navigation, safety, wetlands with emergent vegetation, or the environment; and f) the change will not involve a change in use from one of the classifications of use specified in Section 2.11, Subd. 2 to another. The Executive Director may refer any application to the Board and must refer any application that the Executive Director proposed to deny. 3 PROPOSED AMENDMENT: Section 2.05. Special Density License. Subd. 1. Maximum Boat Storage Density. The District has determined that the intensity of use of Lake Minnetonka and the density of storage on the Lake has reached a level which necessitates the limitation on the construction of new docks and mooring facilities provided for herein. It is the purpose of this section to reduce environmental degradation of the Lake, avoid an increase in boat storage on the Lake without a corresponding increase in available amenities and services for the boating public, and encourage facilities which enhance the use and enjoyment of the Lake by the general public. The District has recognized that the impact on the Lake of a given facility will vary depending on such factors as the compatibility of nearby uses,the type of watercraft being stored, whether the watercraft storage is transient or permanent,the degree of watercraft storage and intensity of lake use in a given area, and the level of services or amenities available to the public using the Lake. The District has determined through its various studies that a watercraft storage density of one watercraft stored per 50 feet of shoreline is generally appropriate for Lake Minnetonka and should be applied to the entire lakeshore while making provision for a special density license procedure in those instances where increased watercraft storage density may be clearly demonstrated to be a benefit to the Lake and to the most general public use of the Lake. The number of commercial marinas on the Lake has decreased since the inception of the special density license reyuirementa,ar►d,the likelihood of construction of new commercial marinas on the lake is minimal. The District also recognizes the need for more flexibilityinvolving the remaining commercial marinas and yacht clubs and the benefits provided try, these facilities for acee,sp use„.inherent public health,safety, assistance mid accommodation to the Lake,,the District lake residents, and fur the enjoyment of the general public. Subd. 2. License Required.No person shall be issued a multiple dock or mooring area or commercial dock license for a facility which provides for a watercraft storage density greater than one watercraft stored per 50 feet of shoreline, unless a special density license has been issued by the District. Licenses shall not be granted for any facility which includes watercraft storage facilities which are available only to persons having an interest in specified riparian or non-riparian real property. Subd. 3. Application for License. Application for a Special Density License shall be made on forms provided by the Executive Director and shall contain(a)the name and address of the applicant, (b)the description of the property on which the facility is to be located, (c)the name and address of the owner of the premises, if different from the applicant, (d) if the applicant is not the owner, an explanation of the interest which the applicant has in the property, (e) a showing that all requisite permits, licenses and approvals from the local municipality have been obtained and that the requirements of any other governmental authority have been met, (f)a plan showing the design and location of the facility, and(g)boat storage density applied for. The application shall include such other information as the Executive Director may require to assist I the Board in consideration of thea application for the license. The application shall be Pp pp c a companied by a license service fee in an amount established by resolution of the Board plus an additional deposit in an amount established by resolution of the Board to cover legal, surveying, engineering, inspection,maintenance or other expenses incurred by the District. The Board shall approve all expenses charged against the deposit and the unused portion thereof shall be returned to the applicant. The application shall state that the applicant agrees to reimburse the District for any legal, surveying, engineering, inspection,maintenance or other expenses incurred by the District in excess of the amount of the deposit. Applications may be received for densities greater than one watercraft per 50 feet but not greater than one watercraft per 10 feet of shoreline. When measurements determining the number of watercraft allowed result in the provision of a fractional watercraft, any fraction up to and including one-half(1/2) shall be disregarded,and fractions over one-half(1/2)shall allow one additional watercraft. Subd. 4. Issuance of License. Licenses required by this section may be issued after a public hearing by the Board. Proceedings for the issuance of a license and the granting of a variance under Section 1.07 and a license under Section 1.06 may be combined and conducted as one proceeding. The license may be granted, denied,or granted with modifications. In the granting of any license,the Board may impose conditions on the license. a) Review Criteria. In exercising its discretion in reviewing applications for licenses under this section, the Board shall consider the following factors: 1) Whether the facility will obstruct or occupy too great an area of the public water in relationship to its utility to the general public. 2) Whether the proposed facility will serve the general public as opposed to a limited segment of the public or a limited geographical area. 3) Whether the proposed facility will be compatible with the adjacent water use area. 4) Whether the proposed facility will be compatible with the adjacent riparian zoning. 5) Whether adequate water depth is available for the proposed facility without churning of the bottom sediments. 6) Whether the proposed facility will create a volume of traffic on the Lake in the vicinity of the facility which will tend to be unsafe or which will cause an undue burden on traffic upon the Lake in the vicinity of the facility. 7) Whether the proposed facility is compatible with the LMCD watercraft density classification criteria. 2 8) Whether the facility will comply with the regulations contained in this ordinance. 9) Whether the proposed facility will be compatible with the maintenance of the natural beauty of the Lake. 10) Whether the proposed facility will affect the quality of the water of the Lake and the ecology of the Lake. 11) Whether the proposed facility, by reason of noise, fumes or other nuisance characteristics, will tend to be a source of nuisance or annoyance to persons in the vicinity of the facility. 12) Whether adequate sanitary and parking facilities will be provided in connection with the proposed facility. 13) Whether the multiple dock or mooring area will be structurally safe for use by the intended users. 14) Whether the proposed facility will provide for additional permanent non- transient boat or watercraft storage on the Lake. 15) Whether the detrimental impact of the proposed facility will be reduced by limiting storage to boats which are not restricted watercraft as defined in Section 1.02. 16) Whether the applicant proposes to construct or to maintain certain amenities deemed beneficial to the Lake and the general public use of the Lake which offset the impact of all or part of the increased density. In determining whether amenities which the applicant proposes to maintain or construct are sufficient to offset the effect of the increased density, the Board will take into consideration existing as well as proposed density and amenities. b) Ike. eununercial marinas and yacht r:lul)s correctly ue tale lake provide unique benefits and services which enhance access, the use and enjoyment of the Lake by_ the general public,and lake residents in that these facilities increase public access to the Lake not dependent on user residency or owncrshkp of shoreline. They also provide numerous valuable amenities to the Lake, to all watercraft users, lake residents, and the general public at large, including: I) providing fuel service and pump-out service, 21 dock access, 3) Parking, 4) ship store, 5) emergency service for troubled watercraft and urotorcraft, 6) training opportunities for boaters, 7) water patrol slips for impounded or disabled boats, 3 11) travel lifts, jib cranes,and in-and-out service, 9) winter watercraft storage and winterization services for all watercraft, 10) Decontimination of AIS, 11) Staging sites for rescue, 12) island accessahiiity through dockage, 13) Trash removal, 14) hatable existence of cruise boats, 15) Rescue/response assistance, 16) Emergency safe harbor in distressed,str ended boats,during day autd night. Because of these valuable public benefits, commercial marinas and yacht clubs are distinguishable from other special density licensees in that they have satisfied all anteni requirements for their special density licenses and are exempt from the requirement of providing further amenities under Section 2.05 c-f. Many of these facilities do not have the capability to meet further and additional amenity requirements above and beyond wha4 they ah•eady provide to the public. c r ) The amenities proposed by the applicant shall be categorized as follows and may be from any group, but at least one must be from Group A. All amenities are to be available to the public,properly signed, with appropriate fees charged for amenity use where necessary. Handicapped access meeting state standards for docks and boats and adequate general public parking are mandatory requirements.Amenity groups are: 1. Group A- Public Access a) Fishing dock/pier(Minimum 30'in length in suitable water) b) Launching ramp with car-trailer parking c) Boat with outboard motor rental(minimum 5 boats,any type) d) Swimming beach e) Provide free charter boat excursion or fishing trips for handicapped or underprivileged with minimum of 100 people served per season f) Additional amenities unique to the application 2. Group B -Environmental Protection Over and Above City and Other Governmental Agencies'Minimum Requirements: a) Runoff water quality improvement(i.e.,holding ponds) b) Vegetative screening or cover c) Shoreline protection, enhancement and/or ri raP d) Eurasian water milfoil offload sites, e) Additional amenities unique to this application 3. Group C -Public Service a) Water safety education programs(formal program, at least 100 persons served per season, with qualified instructors) b) Lake use educational programs(formal program, at least 100 persons served per season,with qualified instructors) 4 c) Marine towing service d) Marine emergency repair service, at docks or on the Lake e) Make-ready dock(minimum 20' in length) f) Ramp use for emergencies g) Boating safety literature distribution h) Food service in a seated facility i) Sanitary pump-out facilities j) Meeting rooms k) Winter access(signed for public use) 1) Slip and/or boat use for emergencies and governmental agency use m) Auto lookout n) Observation deck o) Additional amenities unique to the application ) Amenity Point Scale. Each amenity, subject to acceptance by the Board of Directors, earns 10 points for each item of Group A, 5 points for each item of Group B, and 3 points for each item of Group C. ) Amenity Point Requirements. Special density applications require .5 points for each slip over 1:50'density allowance,with a minimum of 20 points. ) Factors Not Considered. The use of special density licenses on the Lake for the purpose of increasing riparian or non-riparian property values is not a valid consideration in permitting such facilities. Subd. 5. City Applicants. In acting on the application of a city under this section,density shall be computed by including all shoreline owned by the city. Subd. 6. Compliance With Conditions. The failure to comply with any condition imposed by the Board is ground for revocation of the license. Any change in the conditions under which a special density license is issued or the amenities proposed by the applicant will require application for a new license. Subd. 7. No Vested Rights. The granting of a special density license shall grant no vested rights to the use of the Lake, and future regulatory action by the District may require modification or removal of the structure. Subd. 8. Renewals, Abandonment. Except as provided in Subdivisions 6 and 9 of this section,no renewals of special density license applications shall be required; provided,however, that the licensing of all facilities is subject to the annual review and regulation provided in Section 2.03. Licenses issued under this section for facilities which are not fully constructed for any two year period commencing at any time after March 10, 1993 shall be deemed abandoned and revoked except to the extent such facilities are actually constructed within such period; provided, however,that facilities may be partially constructed if the licensee: a) receives approval from the Board for such partial construction at the time of the granting of the 5 applicant's annual multiple or commercial dock license under Section 2.03, and b)all amenities required for the facility are provided during that year. Subd. 9. Non-conforming Mooring Areas or Structures. Except as otherwise provided in this subdivision,this section shall not apply to mooring areas or structures which are licensed or lawfully in existence on March 31, 1982.No change in the configuration of the mooring area or structure which results in an increase in slip size or Boat Storage Units may be made without first securing a license under this section. For purposes of this subdivision the addition of unrestricted watercraft which are not counted for purposes of determining compliance with density limitations pursuant to subdivisions 10 and 11, are not considered to be an increase in Boat Storage Units. When acting on such a license application, the Board shall not limit its consideration to changes or additions to the facility, but shall consider the entire facility of the applicant. Subd. 10. Special Rule for Unrestricted Watercraft at Non-Commercial Docks. Unrestricted watercraft, as defined in Section 1.02, shall not be counted for purposes of determining compliance with density limitations of this section at non-commercial docks provided such unrestricted watercraft are not stored on the water of the Lake or on a mechanical lift. Subd. 11. Special Rule for Unrestricted Watercraft at Commercial Docks. Unrestricted watercraft, as defined in Section 1.02, shall not be counted for purposes of determining compliance with density limitations of this section at commercial docks provided: a) the watercraft are not stored in the water of the Lake or on a mechanical lift,and b) the Board finds that either: 1) the watercraft are used for public rental,are under the exclusive control of the rental organization, and do not number more than one such uncounted watercraft for each 25 feet of shoreline at the site(unless a greater number is required by the Board as a public amenity); or 2) the watercraft are used for educational purposes, are under the exclusive control of the educational organization,and do not number more than one such uncounted watercraft for each 15 feet of shoreline at the site (unless a greater number is required by the Board as a public amenity). 6 MEMORANDUM To: City Council From: Mike Gaffron Date: 7/30/14 Subject: Zoning History - Browns Bay/Tanager Lake Marina Area Attachments: A - Staff Memo - April 10, 1980 B - February 1990 Citywide Zoning History Study and Maps C - Memo from File #185 D - 1980 Rezoning Agreement E - 1983 Lot Combination, Riparian Rights and Open Space Agreement F - 1989 Resolution and Approved Site Plan. Council had asked for a detailed review of the zoning history of the properties comprising and surrounding the marinas on Shoreline Drive at Browns Bay and Tanager Lake. The request stems from the current part-commercial/part-residential use and split zoning of the properties at 1440 and 1442 Shoreline. The first zoning in Orono was adopted in 1950. 1950 Township Ordinance. On July 10, 1950 the Orono township board created a number of zoning districts, one of which was the "Brackett's Point District", a residential district in Sections 10 and 11 that included a small commercial sub-district north of the Tanager Lake bridge. The legal description of the commercial subdistrict, attached to the 1980 staff memo (Exhibit A) included all property from the north line of 1442 Shoreline, south to the Tanager Lake Bridge, on both sides of CR15. The property addressed 1440 and all properties to the north were zoned residential. 1967 Zoning Ordinance. The 1967 zoning code established the R-1B residential district (1-1/2- acre minimum) and the B-2 lakeshore commercial district in this area, with legal descriptions defining the properties from the Tanager Lake Bridge to the north line of 1444 Shoreline as B-2. The property at 1442 Shoreline was rezoned to R-1B at this time, as were the properties to the north of it. The parcels at 1440 and 1442 contained residence structures, so the residential zoning followed that existing use pattern. The property at 1442 also contained a small commercial building known as Mac's Pizza, which functionally made 1442 a multi-use site. 1975 Zoning Ordinance. The 1975 city-wide rezoning rezoned the R-1B areas to LR-1A, 2-acre lakeshore residential while the B-2 area did not change. 1440 and 1442 remained residentially zoned. 1444 and the properties south to the bridge remained commercially zoned. 1976. In 1976 the City approved an addition to the house at 1442 for marina owner Jim Rivers (owner/operator of Windward Marina at 1444) subject to removal of the Mac's Pizza building, and indicated the only allowed future commercial use of 1442 would be for automobile parking. See File #185 memo. Page lof 2 1980 Rezoning Agreement. In 1980 the City and Rivers entered into a rezoning agreement in which Rivers agreed to certain actions and City agreed to grant certain approvals with regards to the properties at 1432 (today owned by Matt Johnson), 1440, 1442 and 1444. The Browns Bay portion of 1432 (i.e. East of CR15) was split off via subdivision from the portion west of CR15 and became part of the marina site. See 1980 Rezoning Agreement. 1983 Rezoning Action. In 1983 the City and Rivers agreed to a formal rezoning to B-2 of the portions of 1440 and 1442 east of CR15. Also rezoned to B-2 at that time was the small lakeshore strip on Browns Bay east of 1432. See 1983 Lot Combination, Riparian Rights and Open Space Agreement. 1989 Site Redevelopment. In 1989 the portions of marina zoned B-2 were approved for a total reconstruction that involved removal of all buildings and construction of the current main marina building at 1444 as well as the gazebo east of CR15. See 1989 Resolution and Approved Site Plan. This table provides a summary of the zoning of the various properties from 1950 to the present: Summary of Zoning History: 1950-1967 1967-1975 1975-1983 1983-Present 1432 Shoreline-West of CR15 Res Res Res Res 1432 Shoreline-East of CR15 Res Res Res Comm'l 1440 Shoreline-West of CR15 Res Res Res Res 1440 Shoreline-East of CR15 Res Res Res Comm'1 1442 Shoreline-West of CR15 Comm'l Res Res Res • 1442 Shoreline-East of CR15 Comm'l Res Res Comm'1 1444 Shoreline-Both sides of CR15 Comm'l Comm'l Comm'l Comm'1 Conclusion The Johnson property at 1432 Shoreline (west of CR15) has been zoned residential from 1950 to the present. The property across from 1432, east of CR15, was zoned residential from 1950 to 1983, then rezoned to commercial in 1983 after it was split off from the west side, and remains zoned commercial today. The parcel at 1440, containing the northerly of the two residence structures, was zoned residential on both sides from 1950 until 1980. The portion east of CR15 was rezoned to commercial in 1983 and remains zoned commercial today. The parcel at 1442, containing the southerly of the two residence structures, was zoned commercial on both sides of CR15 from 1950 to 1967, then was zoned residential on both sides of CR15 from 1967 to 1983. The portion east of CR15 was rezoned to commercial in 1983 and remains zoned commercial today. The main marina propertyat 1444 Shoreline Drive which includes the main buildingand its paved parking lot, plus the gazebo and its gravel parking lot, has been zoned commercial since 1950. Page 2of 2 a t, #asp . .*'-- ..-',--).;t---,.. a r — " " -'03.: ' a yk.. , ::`,- & e'0 x, 4P ,*1. :4Vi=1, M t q '4, 9 "{3: s " * } E 4 44 . rtrr•a - ty, a .1' ; e1 Vii✓ rl 'els f :,� s� + `.I r e a ..Pp i. �`I at f'fa+ * W,3 `.t1' '7441 j',; ,,,;:t.,:,,, . , , .,,t4.40;, L{ ,. o'; q ,f.'\ .y na .'s..«., .a.c.wrra e +Jawnwake .tar - n:.,x.. :'�'�, ' ',. `t' a- ', 0r...,j ♦ FL( F M J ice- +`S ry -.t t' ri, TO: Council, IT (c)) �, ,-Y ! tz `'` FROM: Alan Pe 4, . Ol,:son, Village Planner P '' ,`` DATE: April. 10, 198C 11 ,,A.,'''r;'',;.:)..:1: ' SUBJECT: James Rivers, 1440 Shoreline Drive Proposed Rezoning LR-1A to f3-2 `; `'`= This is a technically complicated application beta tse of varying ownership interests, previous applications and rul nets,a,tL an • :` X17. overlapping history of use on the property. II ..r,, - Simply put, Mr. Rivers is requesting rezoning of three parcels of land in order to facilitate 1econstruction of his Browns Bay docks, ,! . replacing buoys and the existing dock structure with a new floating ° ` dock. The area to be rezones, is salown on Exhibit 1. The proposed :2 dock rearrangement it shown on Exhibits 2 and 3. . �. ' 13ACKGfOUND INPOR!IATIONii j __._.._ —_._......____....._. P rux ka 1 %7.44i114,-;,' In 1979, Windward Marine's 1.979 commercial dock license application ° 1 a"5:` qu ek included a proposal for a major rearrangement of the docks on Browns tl. :' Bay. In review of that change, staff took copies of the proposed site 4 i.'s �a ��4„ plan and compared them to platting maps. We then took the 3.974 legal 1 ',',01V-'41,'4,,.' descriptions for the B-2 zone and marked them on the plat maps and .*, ---,:e-, 1. the site plans. it that point, it ' 'as apparent that the proposed rk' fi}' docks would have extended beyond thee legally described zoning district J _velv‘ t boundary. In a�ldit.`ori, some of the existing dockage did not conform to LMCD's requited Side setbacks. ,*-I '' ; Resolution No. 10l'i was adopted granting the 1979 license based upon ' the previous year' s dock arrangement but denying those slips encroaching - i sa .7.t.' beyond the n-2 lire. This was subsequently amended to allow in 1979 I � 'the same number oslips previously licensed pending review of the ' >' zoning issues. See Exhibit 4 . 1 There is no question that the City had previously licensed slips on Browns Bay per the 1978 and amended 1979 licenses. The issue is ''-'a whether or not the City and/or Mr. River: were aware of the zoning i boundaries legally c:escr ib. d location. ,a PROPERTY OWNERSHIP See Exhibit 5. Parcels 1000 and 4000 - Owned by Lohtinen leased by Rivers. These ;,. parcels contain the- windward Marine buildings and perking areas. } :, K ,, .t, Parcel 6000 - Ownr;:3 by Rivers. Contains his homestead - formerly ` a r s,;. contained the MAC s pizza building. : moi. - o Y rP ti „; ,, ,:Li,,,,,,,.,- le, r h . a .4, # jtb e4 �;.: 'e t y LIc 1 ic `4 `- ,Sa-.,le':t?;3 k;;!4wt ' Rt-'� �;,.d `: -- :4:iPrrr,M{ t '.7r .,.. 14-.�ft.'.a nx+..41•W' �, n•'.-✓�'�wolSne ,rM , .,r .+8 S ?N3 7j �:•a� k �`i!i *4'*4 C�_ 3fig;r 4 �Y 11%r • • +.e`•a..N_ x ' J 44146 � R _ 3�,f - 4• • tvM7Xa ss'i ,€� it" : r r ,,;.,..::.1,4,,,,,p,4; S- Y f ii/ � sF� y,�' `} � 1x , ck,a,,� i7i },S p 1 c4 }• • # '-'-"1:',,f , qtr • . ..'.-4 ,', �y 7Vk t y ',' s .' .'', 1-•',;.'.*.,.._,.-,---,-,. S ) J s+„,k , ry 4.-.- y +r ,-.1.'"4,,,;" _- , • iT - ? -,,,i,...4• V.,-,747..,,,F .i- .. :4 s: y t- , .. I - ;, April 10, 1980 '"' James Rivers(0539) 14` 1440 Shoreline Drive " Proposed Rezoning r Page 2 a Parcel 3100 - Owned by Rivers - contains a rental dwelling. : ,• i � - • i+pr, Parcel 2500 - Owned by Loren Bora - contains his homestead. This• #g4'-Ve tax par=cel has never been subdivided or divided for tax purposes, . ;4`' ` however Rivers has leased that part east of the County road from ,t. � h Lehtinen who apparently sold the part west of the road to Born in ��; 1969. Sec Lou Obrrha>.isrr's letter. of March 3, 1980, Page 2, Exhibit 6. �. 1F ZONING IIISTORY See I >:h ibit 7 - Parcels 1000 and 4000 contr..ining the marina buildings had been zoned , : commercial s�rice9+ C, is-2 since 1967. ,y - 1. ',ti�4 .,,� Parcel 6000 containing the River 's homestead was zoned commercial from :`' 1.950-1961.— It was rezoned residential in 1967 and has never been zoned i B-2. 0:N , Parcels 3100 and 2500 has never had any commercial zoning. x;,,''144;, ..._-_ _' 7 f, 1c. . USE HISTORY -'7f„:- Exhibits 6, 8 , 9, and 10 are letters from Rivers and Oberhauser explaining =1-,4"", '' use history. City records indicate that licenses were granted for docks `.,._, and/or buoys on Browns Bay infront of parcels 6000, 3100 and 2500 but that these were limited to the extent shown on the 1978 license plan, Exhibit 4d. 1-1,.:. •* The character of use of all of these "residential" properties was discussed by the Council and Planning Commission many times, including *—; discussions with Mr. Rivers rogarding his remodeling of his house in `' 1976. See map and minutes, Exhibit 11. e, " PIANNIfIG COMMI.^,SIGN'S POSITION Please review the Planning Commission Minutes of March 3, 1980 and March 17, 1980 for background discussion and recommendation. On March 17, 1980 the Pi. nnin"t Commission was favoring a limited rezoning k of the Browns Bay side onl... :' . On April 7 , 1980, the Planning Cam1ssion discussion centered on three " ifiF r options: 4 ,03'..44.1,4.. 1 . i c ',o11(' the entire I'ropn'ty as requested. , . ..'a;',.0f,4, 2. Rezone' browns I3r1y only per 6tnt rh 17 , 1940. ��..+� rti;; 3. Retain the existing zoning but. Ix'tn the new docks with a w f conditional use permit . t P q� f � i I let 3,.n _,r1-'iF.,'`.rL,v _, — ,. .._.1.,i.'. - _ _ .,> t ]i s aT r.. .?K± ,..,_"(?1i r,T , . 7"gin•wa �`'.: �50. "'` i "4w.a f� �� , t + � ftp, ; ��r ,iL s + z i as • , '',' : .-; -v - „ !_''' ,' ht7 ,` ' ;yam, ''', ; �' 74M,VA t „,k ,,, , a z , - 3 : •y s7 ,1 ,r• ,1 3 3 • = o `t+ „W‘0,-... -.7,4-,•.- S vr c ti - ) ` , •,-• -"n.„- ' ” ""'t z ". -"'' *' ;i, ry i i� a 11 R� ; ij#1'a 0411'.3 41 , r�1. l,. ,,.a4 rt, " ,' '� 44 dl±in ;:i..i' .e.. .. / Xb4- fm' `.3 5 °c�v> 'k'� ± 'r: ys ..... _ . pr,' April .10, 1980 i ` , ei ,01 uti � h James Rivers (#539) 0 �i�= • 1440 Shoreline Drive . i'roposcd Rezoning ''` , Page 3 4` iNi1,1 -A , 4,', nb -,`. ; This option would ,requite a finding that the proposed docks were -�3 t 4, `i not a change of a non-conforming use (prohibited by 31.101) , were W'k ,tt ''' not rebuilding of ant, prior discontinued non-conforming use (pro- 4r - },• ',ited by 31 . 105) , and would not extend or intensity a non-conforming ,3.r;yg, ` use (prohibited by 31 . 108) . '','• "44.• , The Planning Commission was obviously influenced by the River's strong �>; � appeal and the many letters from Orono residents supporting Windward :4 4 Marine, for they never once referred to the previous considerations ,4 of the March 17th mooting. Steve Wilson could not accept the applicant's ' suggestion of. a "developer' s acjreemcnt" (meaning covenants) as a meansA: of control . It could not afford tht degree of permanence desired. ;�; Oberhauser noted an open space easement filed with the property designating the necessary limits on commercial use of the property would give the .4 required long term control .. The Planning Commission agreed. 24, ,, iPLANNING COMMISSION f'ECoMML'Nr)ATION 4 4 On April 7, 1980, the Planning Commission recommended a complete rezoning r ' `_{. as requested by Rivers but with three stipulations: ,, 1 . No increase in commercial building area. 1 2. No. increase in hardcover, including no increase in parking area. ,: 3. No increase in dock use area or number of slips on Tanager Lake. 4 f These controls were to be limited by an appropriate open space easement. �s c. STAFF RFCOAtr'f:NDA`I`ION ..°i, ft= This whole proposal hoils down to the question of whether or not the ` proposed docks are a reasonable or acceptable use for the Lake and the property in the urea. If they arc not, or if there are concerns about other commercial activity ,j -4-.• 1 expansion, then the.rc• should be no rezoning. The a1pli.cant would then •:, '24.,,',...-: ,„,,,,,', 4 live with the existing dock and buoy layout. or with some rearrangement 4 � within the legal Dock Use Area. ' i' s z,' ax, , 4,. ieN If the proposed docks are reasonable, then the property should be 4.^ o � � rezoned to defines th, proper Dock Use Area and to permit expansion and reslignment of the dock structure. This option includes rezoning tho ,n d, entire parcel. as recommended by the Planning Commission or rezoning l: -.•4,. .',", 4 of only that part affected by the proposed dock re.al.l.;nmont: 1 .01. only i; A, �+ + the Browns Bay side r)f- ''r� Co ' y Road 1 5. . t , , n wis • e'-'7=1'' � ,v,,,•ttt 4. .4 a ..,i;4'7,-'',,,': Als - r r $. of .;.. ‘-';'L, f ,?1,1., 3�5 k '.' 3 'r; t f+ R4 + ,A • ,yid [ r '* e r - v t. - S' r -,-.; r 1'u a t .t . RK t� t A �}� C': 'h }tY; ,' y'• '-'41,&11'.17.-'t''' ''.-= �1' A 5} '(51r - is t zA"',. , I S i�r � Pa ,� "ry I' rt.. �r .k r '7 - �,+ #� Sad'=- �y r�1 4 '' `, `fikie:S� ,, '' . i tte ° d' t f . } � '-'-:-..-•`4='',��-.�� 1r, $r r4,a.�(,A keep' � � r��i-�" h`x�, ay_ * i r� ,. '11 ,`L'17'4,-' •f iiitCt �"itv yf is )r ,� .y(? .xif "` D . xs 1 r ,' 0,,,,K3,1,:,,,` 'f: /. y+ -•. *, ''r '.+ ,r,t rt , T 41,0"1,-,4.!' ---„:�s -.• ,;;� � 'q �• •Y t,;e ,• ,•-' f at .:5.' •ah.,, i'l ♦ IAV Ir ' M 44043 .t,.. b ..h .. ''' .. ,. �. �3 i Cfl ry .' 1. a B ) a R r*:'7/ AM 4i w.:s.ar11Jril 1tl, ] 9t]tl R. /w "-'1 �i) . • �,” -r a aJ:.lmcr. Rivers (N539) � > 1440 Shoreline Drive 0.. ., •t. t Proposed Rczoninct Page 4 '. s • t'rom a technical �.:tand1)oint, actor review of the site, the record history, the use history and the comprehensive plan, your planner r cannot make a recommendation either for or against the proposal. On the one hand, the zoning record is clear and the use history is ,t, such that any vestiges of co'umercial use. on any of the subject property are clearly nun-conforming uses with no right to perpetuation. a ' �. On the other hand, t.h(- f:(' is obviously local sentiment to permit Windward r the clock reconstruction it desires. Modic,•, the zoning at this time would not be contrary to the comprehensive plan. Most importantly, g there it no physical demarcation point that: clearly defines residential x. or commercial use in tile area and the aesthetics are similar Pio matter -`T which proposal is followed. jx � '•:•• Therefore, it seems tom(' t.0 be a policy decision for the Council toY;0,,.g ' make without strong staff recommendation one way or the other. I dc' �� � 4i think the Council should consider the following points: p * y } , .` 1 . Rezoning is a ver strong statement as to the Council 's real intent -,1 1" for permanent use of the land. This is especially important on Tanager Ik.. 'a!;a Lake. If the area is to be considered residential, it should not be 4''1' rezoned. ' t 1# • 4 s1 2. The option of a conditional. use permit would seem to be unavailable - because the necessary f ind.ingrs would be a l lnust impossible to make. f 415-:— 3. Rezoning of any of the property would horizontally increase the , LMCIJ' s definition of allowable dock u' c arca. {` a ',2 , -''.: 4 . The revised dock plan submitted by Mr. Rivers may he a "new" dock ,, '; under LMCIJ reyu]ationt; which coup': then only ex..end 100 ft:. from shore, : The proposal assumes 0 200 It. dock uso arca. ( '5f-� ;tit� 5. The only comprehensive planning consideration seems to be the baric .1;1.-.4i,t one of indicating any comm rcial arca outside of the MUa7! line. The •'....-:''' current lack of newer and other urban se'"t ices thus affects the existing t3.-el'%"' 13-2 property als much ,I;; .i t tine t})i:, proh(+ , ll . 1 6. No matter which option is followed, a proper subdivision of parcel ry,, 2500 sy :,'.:Hers with application toshould1,( rotnplc, I'd bt the t:>rut t'rt [ aae �l1 and approval by t:hc !': ' ',', in emd r to cl, :It up the tax rt'ra,rds. The tinri nn C orni i t 1. 't' ' 1 I-, ,. .:t , in, "1'i ,](v F 1 l cen'ic' including the 4L1 iy'++�iv rev::3L( (]('1- l .3 .1)3,t. , /Id :id.' t . i ', • t l + 'ict l 11(! , ..'t.l tit' rl('C i ! l Ct... 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'''' '•V„.V*-e'icet-'f'....!"..i 4, 0.-oca't. ,4•0.00 Monti thr wo'f.t..;the enji i.,,-„,r,riy.tImpiltte.sf .Joki-,, .tureirts.o?.,,,toe is'ii , ttl..11F,1_,..1! , •,.,,,, ,.,0, .f.,,-,:.., ...,,. .4 ',' .. • ..i.:•••/!1,41104.:* Cif-Maxwll n.ir te ft Istriito,"pfeet':$, 1;1111411Y Undtte,Prete, liilt.l.enijrcalif rigzt.stie_w.,x,r_uril,..;i,. . . #414....4.4,..„...i.,..,-ti,,,,..,-,-t,,,,:,tk„; . , , f t fix>14,'44::•+..*A6141 itPore tint.itt: owr.ershlp'ts leis 1)..ati one'tweed, MIT or 611"tt!! litIP 1!,g4ri.‘„,i, "Ai,1*-7.-,14' '.'4 ,.....,,4.4.., 't.;.i: 1. .• •...- • ' • .1/tihes'4.2,en- the westerly !lite of In aree,,co,h Mill% **palate plksi ler fine,.1 said rallecte.1 1,1,,,017 ' ' 40„-Pr.•,,..' ',.:''i.' ". '. l'«t•,...41...',.rin.ol .. entincennit-.Morwall of prat.ttts,v 0.01 constitute ann way wiih the int,lhoseeter 7,line ..r;,„,t , .,„ ..,L, ,,t, f ty. • ,, ,` : ..i. 1.:4,42 on,!.Stuldia pity,Lelia Min. "Ituildiag 1-ii." Orly one, (Drolly, of Atliditor'S .flubsf,.1v1.110_,It_r411.ft.lt,1,474;,„ii,c-‘,7„:11tr,,.,,,A,4.•zia,-.41.k.d•., 4 ,,,,,,,,,,,..„,- th,,,,,, tmtlhwoictly oval%',salt necessary lit,ildings' tier Th:Le Hun!i.e.! FiflYisite,t,....?;540,121,':.:;.;Vi.',„riiri:,4. ' : '-'''./ i', '1 '1,1(111 Pit10 t11 said custiona,711.; temd In cuniunEtion I OW, 1/onneplei Cuntri tfi."-tflhei'..-,/,...„-,,;,,2.1,1F4.4v.iA,:,,,,,,,,),"),,,-.!:., s - .",_-"*;- ":"! ' , • I 1 t• ,ii,, dwtitin,i4 and can.• sots. 1,,,tetided nerffirs'intletlyi',-r.,,„:%d,M,:ift,ri ...„4,,,7*-.si,.....,10V..,S • ,, , ar,ttnn7s to o point.vt nese It ht. se t ar,,,,„ the shina line of Stolths sidelvd o par! of such tingly thence twitting ,,sciltheasiterly P,rf4,R#...,ri.,"4,..1i.*..?4,044,,,,=. 1 it 4' . , .4.11.d Oil an, alone, the said ainithtstItorly .•, .-..,4,,,,,._.,:,:f.,,,,,,:::.1,, ,trio,. ...,h,,.......‘4, . .,.', .., r,ir3r 1.0140 ?alone's:114n; thence dwelling r,a)` l'e 1114 ) , I i ilyt,iar, god its 1:,,,,ii.,;,,;:o.i-,...,':,....,T,..4.,,..„. 41 - Accessory one in sOli Att W . , , 4 ,•,-,-.,...":r-4-liri-,,,,e1 „,„;.•...,• , ,- `.-, .:,' -,'.4..I• trs.fgtrir, northerly and easterly (Mt "I:inkling lot,” . iv ivri, traimigro, 1,1 the : .t•,: ,%,,,,ifi,,,g-.:- '• . ''. A. '' .'., tlienj the twat Altatt..line of said Wadding: o'l 411 t4t! doenteil to ln, nom '., ..',, id il ti, -...;,t.Z"\,;,,,,,,r,;.014./...„, .• ', '' A rfablet Day to a point where the chide site) intildintis dil etICAt rut. Intersection in ea I In w2lhe Tyl id..0hore. hoe Intcreetis the!tastero s. ga ,:es, boboweum at l, pp iititimitzinknow .waa.ttl.r, Itit-114of * ..,.i1,,:' .,,p,.t,_,,,,414;711i.r,„.1.4„12.4fifir...i...4;fk,..,,,,, Vest alder of township road eo,n. or !vett huosoe, chick, h,,,pt s, ,n t ,. ntonIt . thenmrun ''... .• ,. 'I ala North Ond South en cen•,barns and other farm buildings, ming along said shore Itrie..,..Ir a 44%,,,i..;!-,47iiit.:,.10-cyti•-•'.. .. • direction itua ten ,..,.,',;.::-,,'.-,,,,-,..' -,,,..,,.0.--:,.:4,-.,11 covtion line tit SectiOn'rive i Nothing heroin contained shall be not theilitetly - ,, 1. e , .,„:,,..... ,, Townnitip Or* Hundred'consideied to permit or author. It an easterly direction,344 h n - q,c-te,l, (117),/lance Twentytee any roi son whatwever to in a anutla!ly direr:lc:1,atid_thion,--,.„...,..:;;:„ . • ' ' VICO'' (22) OXtenttddi (henhse utilize sort, ;Kees:tory toillilings, In a nertnerly direct on $0110W• _ ' !'./;•-,..,...-_,,,,,-..,42.:..i/,;41.34irk"-;.%"-•-•-k. - . ' ' • ; I 'Nov) D 'the West kido o: or any of ',tent, in or +elated to lig) the line dellneld by the ordl. •'„.-'ei,- '.c,:.•,-':.;';''4'4ii,.!i'l)'.ie,'r.I;,i..-."if.i.',,:- ' toVenchrp road extended to Any ccmni,reial enterpt Ise connary low water mark of Lake the,*OIM'orbegittnIng, .. Minnetonka In the point of he. , ...,„- .,....W.-0 ,,,JP;itpl1/4,ii ,•. ducted tspon the premises fend tvhirh said sorting district ginning, , 4y: .4.i., ba referred to es the Stubb's 4... YottOolit he,f011 ,I:o.hstiel.fluefni an( ,,,,, ,. 1 1 '1,1 told ironing district .- ." '-`1.?illiSI.V.11,,''''Y 0. Ugly .dlatrfet. ' •,-,.:ii.,,,,,.0.i.viir .-.4'.-- 11"" liz eu""1"`"/ 1° P" ' shal: bet referred to 84 the firm*. •., _.„..:,,,,„,,,,,I.,..,.. 4,., ., cr, owner of land within the said IT FURTHER ItESOLV.... W 10,07,4,do!41 rir,04,1 oontint.nr,t1 on 0. s Point dittrict, i 011DAIN2D,„That the fol. I24 e land w.net, by him,any trade, II: IT FtlItTlIEft ftEIVILI. . ' . . . low re.1/7,regulations and restric.rAndt , ry t or profession which Is ANL) Olt DAINZD, Thal II r fol. •..14,,,,. reapeet to uses of th•1 ,in exjmen1..? on said land at the knerng Nies, regulallana and re. ,..' ,; ...:;„..',,-.ilt,.:',4-iv.i..'.;!,., :-.,-'0-i, lands arid buildinres within th , tole ., the I( p t co 1 lo llon Of thiti ft go. strictions with respect to uses of ,V,4.4;14,Agt.- '....i... : • it •.•v,3 zoning districrshall be and./Larnn and ,..:11,,,,,,,e, and thtl en. tha t„nr., L‘ng holidinas within '--^-.':Y;:}4 bY ladc'Pled 46 1U11"11'iaetment of this regulation and re• the atm 070 pining district sIsall ha ,, ,atrietien,or horn constructing any and are hirieby adopted as (ol. ...:::,....,..,•‘'ilr.i,,t,.';,-,,R,,,, -..,. itl.. - 't,4 2. n1,2 toning dhltriet it l''''''' hoildiatt or buildings for tut. In ic,w 4, 1,,, it: .'‘I by•dactiwed to be :i pr 7110 resi• eonneetion with such trade, In• . ' ,Av ;,,. the Rt.:Asa. • -: q'4;".. :t:: • ' , dentin! district, and no 130:1(lin 1111%try or pcotersion Which b In ......... or other structrire Cl improvtinent ,,,,kletwi,ot,,,I It,„veralion on said ' •i-.. •;,.''4.7f,,tt'A;,41,. Said xoning district la twenny - -::, ..•‘'.,--.--.-8:-:iii4.. 1.,‘,..,.'-,- shall her*after b.). vreettir. nitetedi 1111441 *41 th,.• time of the adoption nor %hall t ° divided Iota ow districts to be . . or ropolred for tise or be used torlof this err idttliUll And ordinance iiiell.,'4nuvri as ..rearckifiral dl,,,, en, FYI P°"'11 "th'''' °J. Prtv31" and the efn.ictriient of thlii relida- I, resiteittial p1.11 pose>, rton ,,„d i.„ ,,, ,, , •, ,i„ .. rier' and "commercial dl-triet." botein tont:lined be con. 1, All that portion of*lid 70n , .. . „ •,••,,,,Ciii.,i,,i -.;4.,,,:li At.. 2, No billboards or other ad•!1'"Yt),1112 • . .• .-, ,,...": -. ii-4.,i9 • • vertisilia n., displays ur othrrl4truu'l to Pr"110'it the low of an?' ing diltriet other than th7,1 here- ! , signs of any kind shall be erectedrind in It sold zimin4 dititrict 'Matter described unit drticnulttt di,. r,li agetetAtor,11 oi farming pur• a% th,• ',10. _,_........ittinercial iti)2U:4 Is .„.';',I.,-, ' :.e.,C• or rnaintaliiild In said violi ( i howls) oi.iTgifi,ITirriiiii eit17,Fiiitit.1 trIct except Rips bearing only 1,0‘1M. _„....... names of the residents of the Section V. 1 wi! the "residential.distrIct." - 4 distrkt, and the raimes of dwell- 0 ...?:., 5,)r, •.-I Inas therein, except street ani AND it : IT FURTHER nr.. ! 2. Tlie following deleaed /4" .1)401w) of Auld toning district is i . el- A • '-i,' •rt, rood names and traffic JIgn% ma .b.02.VE1.).AND ORDAINED,Thit i the tattooing Drill nod dittilet in , o fi• )) 1, ' / w .1 •deil qr etett iArl established , /Li :.• .44/44 -- 7 et:Cerp1Prill.$16;1/11.: 111.:!l,V.i'inrit?1:14til nfoWr hlillel .said Orow, Toy,whit. be, nod the. Ag A "crenniticial thrtrier; i - . '. they nitlY b.! located. 1 lame iii hereby do:owl:lied th ci Parte of Government fro.. Ono & et, - '2(intng di•trict of the Town of (11 unit Two (2), Section Eleven ..coot . i v2. No building or other *nue. ot ono, p,,imisiit to the lei's. of , (11),i , iToWrtsh1trio,nnia:0 mvi.netit,11.4)71. r titre *hall be erected upon any the s . ..A.mat,,,,,o,, t,,,,, t. I .evtn (‘p (117), r , . ,r,P' i 4 64 ...1 . tand within the tuld rotting dis. , ,, -- , t throe (2:1), Hennepin County, 1q -ii- tj.c. ..xrept whew the land upon ‘i•- " '""1.1ell Pt/ini Illic ,, Minninvita, develbed at follows.. -4' which the bulk!,ig or other strue., Th*' p,1 1 4R1,17r;=7,--m) ' Thm r,,Irt of Covuritionst Lot I.,,I -4T ,../....,:. e , . tore Is to he erected constitut(s' and Eleven (11/, Township One One (I) deFerilbeit a', fonow$: 1,4--. "building Int"as het e mutter de• )4,indred seventeen (In), flange COM ill l'711.1 In II t a point on the seethed. A "building lot" Is here.l. Twent)..thrre (23), 11 it n it o p I n shore of Mud lanke which point bY itettni`ft to t'' land rd" '1111" roomy, Minnesota, ilt,:icribeit nN Is &ter mined All follows: Com- . (J " ' .OTmer'hiP whivh ilul i fols. , g li io. Comm t't ex'' ' , • • ,ol..h, at the rounclog ut a point on the loke .. . •ete4a r n luta of ont :1C10r, l' l•, tgiiid wierc the North line of Illwe of I-11" 11ill"'"nk3 whkb •,-. wete •tee• .e1.•:te, at. L,, ,„ i,;:,,,,t n 0 1). 7,,„1„1,ii, ' point e• dlOsinl S..votty (71)1, , I t,I , h ‘• 1, (hit, 1 •• . ''' lbw iti.oltition rind or•, I htt /pittliwcwily 41 riirht irn• land OM, P.Itliitt'll Seventeen (II?), I ). 1). ' t' 111 , . . ii‘re,4"P 1",e,envcit..thl! iRang.. 1.,,....1': ••thier (vo, inicr. i elea front a ine taring ‘o 1 " "In" '"' '''''' 301' 4' %ITU th, mttittary low water., Sixt).,,'von dtl:tcyfi,fot IY.kiewt , .. 41 p a , ,.. tle ;• .rtlat riled of veered with thy,. 1 • c? ,t iiiintitc.i East• (ti7!•1 ) firm ;i mark of shore tha,t., . / /..n6 h.,r d . - . 1 'Oki t r r,ds Or Heaneplo'C'hun• . • - tntitin •of.. Itske MitinetuFitr:, •point Moe t ,s . ut en e• Minn ''tl'' " th .11'141't1411• iit>•r, 'Brown'il flat.; Iiict1(•e,; gi..f.ii (10'.111:.4 at arnflph.1,)clu..r:,d,r_!,I - 'Titles •.,f Hennepin County, r. 4. Wt• terly iiiunit th. I, T ti i!I y I Ix i_ .tientfotrt...fvtlo: e,1 where the area or..,,/sto.,34 1.0_or ph)! need",Ek.,,,,,,, I •,1426..1) frt.' .fry:.; ,l.J, I ; ;it'll . any •ow`t PiAlled It if i.".1 than (1 tyos.v.,. t,.„„, ,,f „lf,.-,-,tp„t i collie. of CatIValll 1,.t/* ,,,a1 .)!0 - -1 ' 1 rt .. h , I-. - , . i 'Jr"' 4'R. 10 - ''' '" '` l I." Of rid•:.1.,111 lin- .4 •aid :;I.c. ; 111 anti II: II'S..tlii,¶1%.,. ..,.. . , . . _. . ., . , ''''Y','-',r iJ 0,(.1:',.- ;t ' 3 „f $ -„;e,151.!,, te 'r$'e. r4-,S,!-',:`,e,„,„ 9. .irce ♦tr -af .? ' e.;10.,..,,-. 'e • � h Kk• to 4 ,•,,.. <'� Li ! A,q ls.? e,''• ��„ � � .,,,, ' Faiu A - I� • u c*.,'" •+Iks^y . r4,1 •fii -9 ti# -4X-34''''''' H-Ax ' t. a-M�� , t 4P'''.4:',0:,0' M1 . , . p' . � �y 'ef f4 -4 .§ . •- ,%, s 7 �Y •''<ma,' 'y a 5 t i „,�;; K}t 0.• r ,ka •�• 3g off'•s ,. '41S ,. , ..y ' '1'.,,,' '- '• t x r-� 4 3 .Its ik ,KK 'x+ ¢ a 3' 1 t r } '4 * i� / , ,Etl 4tttd H, .,. `+ ;.,.,.� s' , .. ,rite ',"',•`{, -"; t',`9 rst d +tip , nr f, :r i't s.x, rilii w,;A 'v0$0, t# -»• .:•,a „. i.: a + '` !.'At 'It• t : -,-, _ ,-,' .:'•70 ,:,,---,,,,6„...,,:—.....-01.-,1-4-1„,..,! �.';ttz ---.{'ttt ., r�.d, '•..w:t + - aero ( .ak' �:� Cir# i4°� � `t1; 6� '�"' ,_' ,�,, .-. ,..J�, <t• sir� �y,� 4�i�,.` ,Ne;--t,-,,,u4- a4'l�iA 1 ? -��� C .-} R' � : ..y.,__� '1 rt. a r• •.'t ege ,. `AX.u 1 4• �'` r 4 - ' ,kr, - ;If y".' k-a Kr J Y t'G: -I• ,,i0 t' '. e-40-..t +. „big?. �+I CA, 4'' i il14•4r.,••• `"'yr'e�•' 1v- i 4.';',.y t3 "tis..: .. •,t ',yg:.' '?,...„.�( ,,,,`�, 1• �,.„, "; •y u� ,_ ..., at...t_".�: .i. t ..: • •4 r• Vitt. �.-.F t '*.g. t .-,e..'�,*(� 'i •td` ,te'c '1 t,..II wt. a. . 1 i ' of V' ''.. 1•t.t• ..hl $r )+qnl AN' nr, D1 tl•i:1.1}ice:n •tuc `,"�{ T , 4 ,"{".1.' J f �ttrdn(1a Qttt`t f!r 1 'T. - i , 1 la the ^4u11t !trs'pLnK:n,, ' - /141...-VCD AND raDA,)?.2i..'Fwo{ s3a '�k.....f*-',,:',,-, •! ` ' �nc''' • -,.."..,'-,---,G•y.� .•-- .. „ C, t"«„yr,,:-.,a1 Ytiatr..ti ±tr,;14 hn)' zrt,tar, t•1+ `•k'.. Mf}• 4�? fir, t- f f1 Mo.{Loi., tita line 1'.,ralitl nit), , t Lena rpt psutiiris,n of trite, te'Yltr.1 �} ri ,it at t In 4,r! rotnssttrcfal: niJc,tlrt- , , a and dist int 8',°�r S9 fort rr+rth• ,,a• tion a.�td ordinance,or Ir,cit,1wt :. bupolnas tray 1 toed as.., recto _fon of reclt.xk•t'acse•A dc• A-,,,, e ti x .t .. i vAlrrlt' sl t)g1,1 t1mC'Jc•s fm ,, I''.'`, , •a_i �' thy 3 !'t lire 't•1+c''''-‘•4'71/3.13-)Int. for rs:rnr.Scr. P1; pu.�nae ; y'rle 'dared try'the Coons to be 4eeel+`ci, • 1 , ,3 .• _, �.�, . vide++ thlt no `vuL;t9lran :.av be z ,i°r; nas6a l rri. •aetsrn ..• the came sholind affect she voted.r herstarter ort<1ar9 a 117 :'r an7 • it of this sctalutioa Arlo nr:i•' . {` 3 gt�r'« lrurtg a °tt'ntin plc t XII `” (49'411'1 la Cho there of Like of the fullowind linen or 1+.1rpoats.l;hanir al r, ,r,•r;.'i". cr n""y t"-"`t " -� ::: or for any c�'t^r t$i tar t r' Minnelon„a: ihcf southerly ,t Is thereof other tee-,,the pore ti)ria . ” ulnar the g',IAT of Bata. Minute of a hind ogr net.tr� ., :pr to.-tinted to be lrlvaiid. •- ( { itnka In 21 ssauthrait corner of the following tees or p ,• vias. sa(ii t uvruiuent Lot One (i), ,there being no bulletin: sued for 1 ' codicil v:31. theme wv>erly along the South any of each ptsrptraea et the date lint u: Govereneeent Lot One (1) of the'seloittlun of this resolution: . AND HE ITFURTIia:Z ":lItM. . to the rhoie of td 1 colic;threes• 1. Dance hails, pool halls. ,.Or,.VED n:ti1D OfIDAlefedt3, n„.7' northerly *long the sine,. air eirt•uses or theaters. "the Eduard of £;upervlaOOta of t..$ Mod Latae to the point of be. 2. Seaplane or amphibian Town of Orono, Heenapisi Coeur. ginning, tome or any facility for the riper. ty, hlinneresta,in ree.:alar :reeling , and titian, maintenance or storage oibierl,,),10-e'•• cerp 4 ent, liteere Xv ta v ,, �' , aircraft. of a 'That part at Government Lot 3. Ueea or purposes tshich,in that 1hL3"9't' rert,nn ano orrsnsrrnee Two(2)'sirs:north of the outlet relation to permitted uses of be recorded ns a public deetim"t t, , of Mod Lake Leto Lake I•l lane'• other premise%are noxious or of and that the Cie#k and Chairmen { - tontka, fensive by reason of the emission of this-Board be,'and hereby a'e `r``� , ,• =• , :f -,eve re al District of dust,smoke,fan fumes,vlbra• authorized to t'i n copies of"tl t` 1 tion,or noise. resolution unci ordinance, and a's ,s 1, In the realdential d!alid, BE IT F1Jp.T1iER RESOLVED other instruments to carry sate s :no building or other structure or into ert"t. '''r";-4'.ANU ORDAINED. That in old The ofurrssid rr�ultillcsn a^t,9 1 'Improvement shalt hereafter be roving district, In both the rtti- �ctsetod or +eyed tar ae:y parpolteordinance, and the thole there �e`I° �,` other than residenUnl purposes, drrt{al and commercialenee for tportions of of, were duly propustrd and ma e 5r r* ' thereof, no , tense for the sale of a ke , ,'` and for the purpose of providing non•inioxica�fng tank beverages, 'lion made and seconded jar the < a, .e . i i . hex • j :buildings customurlly +foil 1n or intoxicating beverages of any adoption and enactment I hereof, '�s" , • sort, shall be printed in favor of end all the votes of the ment )ere 4-4, 5, "> ,,...-.4--;.44;c.1 ton)anctlon l:terewi.h of sold ISoard t,rl:1$ In t'�c tsPfirrr �; '',` r5.f.; 1t"�-? ' `x, Na bilihroirtis or other ad• any premises which is not duly alive, the sold rMC,►tt tl on:I or• +; ti licensed and used to sell non•in a•f • l,,r sI n sof signs,hind dispor other dinance a'es u,n a n l m o u s l y; r.;- • e,/.:;'''n''', algns of any shall be erected toxiesting malt,beverages, or la• udupte•d, and gals! regtilation and _ toxicat)n beverages of any ao-t. restriction duly-enact gid, nn the' n • :.,r-i,,t' ;i ter tIsI tntrtd within said rest. C �. ' dentine dist,iet except eignss bear• rat the time of the adoption of liar day and date heresnabova mtsn- ?..t.4,1,,,,04..°1 f* I""• only the names of the era{ resolution and ordinance, and the ! „t=.l of this regulation and toned. ,ix,.•; the enactmentTftA23K Ctia(rman, e a' the district -and M. W• . ,,,..;.,,f4, 'i of ,,,,,,,..;.?,q4,,,i- '! therein, restriction, 1 K13}:^. •' ' -.e n'amea of the dwP}links I) RUSSELL-.ere Section VI. except street crd road Hemp+ and CEO. E. }t0.r f',, ANT. r p t, treble rig.ls,and except alrni ad• r In the D°resr.nrc of: - , !�='” vet`ils n; for sale or tryst, the I'.`: IT FURTHER RESOLVED F. E. COLOROVE, ts�;'z premises on which they may be AND ORDAINV.D,,That a viola- A, W. KI:ARFtS, feberated, and except signs +,elver. tion of anyof the provisions, and _� F. g ` tufa$ such commercial burinrzc each violation of such provisions. STATE OF MINN", IOTA, ) • i .' ` �F '; ay or businracrs o s may exist in the cf the afore attt resolutions and )„s kjp Fit said r',+atrict at the time a( the ordinances, and the regulations COUNTY OF HENN r T6J.) adoption of this resolutlaiL and :and restrictions therein contained, U, E. Jvhnwsn• tse!?:" Past duly z' . rr ordinance and the cnactm nl a1 ur rnr,taistcd InR any art:nnr.mtTt sworn nays that he it. t fl dub - t ,4 �`' ti-Is raaulntbsxs end rnatrict►nn' made thereto,nt(dem anor, aridl1be punishable le elected and qualified Clerk of the ' Town of Orono, }iccnepin Cist.n• 5 ." .1• , c 3. Nothing herein contained by a rine. of not to oxen;^d ow t shell be ecnztrued to prohibit the Hundred Dollars ($100.00), or by ty.Minnesota,and as such,.s cue.• I §c ;'. use of any Da'in for agricultural imprisonment for not to exceed totitan of the books and record$ ,. or !ermine leirpores, nor snail ninety (I 0) days, for each viola. of Raid Town; that the foregoing ; x 1 anything herein contained br ton• tion thereof,. t resolution and ordinance was • :trued to prohibit the use of any. RE 1T FURTHER RESOLI'ED adopted and duly recorded in the buikding for gay trade, indult. AND O1tDAlNF.D, That any vie. .record book of sold Town on the try of proteaaian for which such lotion of any c: the provisions of ••enth day of July, 1030, at a reg- '•s t `0. building was used at the ti:,.e of said res.olutiom and ordinances,• ularly called regular meeting of Tf the advptien Of thea resolution or of ally of the regulation •or the Board of Supervisors of the ,r : '4 and Ilnsrwe'end the, a tet:nestTown of Orono, Hennepin Coon. restrictions therein contained, or t '''i of this reg•ala31cm and restriction;' contained in _any amendment ty.Minnesota, ! .� 0}'':i:, nor shall anything herein can' O.E. JOHN£ON, thereto, may M enjoined by in. Town Clerk. tamed prohibit the use of any' junction proccedinge 'In. the "' .worn Clerk. ,�•'' o rat Suhecrlbed an '"t ' is pre/ nn:I texist i n C resklenull' Courts of the State of Minnesota, .,� �t� �•� r building, ogither with accessory b any person or orR.,ni.atlon Erne a ., _-,xhi i±�r�cc butldinga .....here it teed 1a I ' on unction therewith.. (U such; owning property or residing or i r. 1Y£R 15UTtKF., • F ) tieing.located within the tuning (tNotarinl Seal) Notary public. rrsidentiai buildings or aresa,ary, dis,rirl tri which aucb violation •• Seal)pin County, Allan. i1 lbulldlnis ase now used ssxclulttve• I "lily eorntnlsc+toe expires July !, occurs, or v.it1}in One,'Thousand t ce r. ? Oy ra afuresakl)Sur a private coon. (1,000) feet lrom, t�trr point ;ot '199 i s • 11, 11 try club, lime or lodge n''t op• such violation,•or by any person :-,a 3'. • ''''• ._• .. .•." .. i orated rnr prcfll,or private whcwl•• sr 0 itantratirxtt'at,nrietwd there: or fe the executive or admints.,.tier a, . tratlye headquarters for'a bust• • 1 erns rrtt����yrrsS.rise• which hea�.iquar• . t ;torr shalP+ht maintained,an:l op. T '� '.�'^'*" ^'q• jj �. To: Jeanne A. Mabusth, Building & Zoning Administrator From: Michael P. Gaffron, Asst Planning & Zoning Administrator Date: February 12 , 1990 Subject: Synopsis of Orono Zoning Ordinances 1950-1990 (Related to Zoning Districts and Lot Standards ) I. Town of Orono Ordinances A. July 10, 1950 - Adoption of Zoning Ordinances "establishing zoning districts and enacting regulations and restrictions in the uses of properties therein": 1. Established the following districts as "private residential" with no lot size/width restrictions : a. Casco Point District (in Section 20 ) b. Shadywood District (in Section 17 and 8 ) c. Spring Park District ( in Section 17 ) d. Baldur Park District (in Section 8 ) e. Bohn ' s Point District ( in Section 9 & 10 ) f. "High School Site of School Eleven" District (in Sectin 28 and 33 ) 2. Established the "Orono District" in Sections 2, 3 , and 35 as a private residential district with minimum building lot area of 11 acres . 3. Established the "Stubbs Bay District" in Sections 5 , 6 , 8 , 31 , and 32 as a' private residential district with minimum building lot area of 1 acre. 4. Established the "Brackett's Point District" in Sections 10 and 11 comprising a commercial sub-district in the area north of Tanager Lake Bridge, the remainder of the district designated as a residential district with no lot size/width restrictions. B. July 10, 1950 - Adoption of a supplemental Zoing Ordinance to that listed above, establishing the "North Orono District" in Sections 2, 3, 25, 26, 27, 34, 35, and 36 as a private residential district wth no lot size or width restrictions. C. November 20 , 1950 - Adoption of further supplemental Zoning Districts as follows : 1. "Carmans Bay District" in Sections 20 and 21, comprised of a commercial district and a residential district with no lot size or width restrictions. 2. "Crystal Bay District" in Sections 3 , 4 , 9 , 10 and 15 , comprised of a commerical district in the area commonly known as "Crystal Bay" , and a residential district with no lot size or width restrictions. Synopsis of Orono Zoning Ordinances 1950-1990 February 12, 1990 Page 2 of 7 3. ' "Forest Lake District" in Sections 6, 7 , 8, 17 , and 18, comprised of a commercial district in Section 17 and a residential district requiring 75 feet minimum frontage and 15,000 s.f. minimum area for a "building lot". D. March 24, 1952 - Adoption of an amendment to November 20, 1950 Ordinance adding two lots to the portion of the "Crystal Bay District" designated as commercial. E. October 25 , 1953 - Adoption of an amendment to July 10, 1950 Ordinance designating a portion of Section 33 within the "High School Site of School Eleven District" as a "cemetery district" . F. July 26, 1954 - Adoption of an Ordinance establishing the "Shadywood Point District" in Section 18 as a private residential district with no lot size or width restrictions. G. August 9 , 1954 - Amending the November 20, 1950 Ordinance by further limiting the allowed uses in the commercial portion of the Crystal Bay District. II. City (or Village) of Orono Ordinances prior to 12/1/61 A. Ordinance #1 - 12/17/54 - Adopted all town Ordinances then in effect. B. Ordinance # 2 - 1/24/55 - Established the "Northeast Orono District" in Sections 25 , 26, 35, and 36 as a private residential district with building' lot area minimum of 1 acre. C. Ordinance #3 - 3/28/55 - Amended July 10 , 1950 Ordinance by including additional properties within the "Casco Point District" as commercial (Section 20 ) . D. Ordinance #7 - 9/12/55 - Platting Code - Established (among other things) that all lots to be created shall have a minimum area of 15 , 000 s.f. and a minimum width of 100' at the building line and 30' at the street line. E. Ordinance #9 - 3/11/57 - Establishing 12 new commercial districts within areas not previously zoned. Sections 8, 17 , 20 , and 21. F. Ordinance #10 - 3/11/57 - Established the "Residual Zoning District" as containing all properties not previously zoned; these are designated as private residential with no limitations on lot size or width. G. Ordinance #15 - 2/10/58 - Amended Platting Code. Established that except in areas where existing lot sizes are clearly smaller, no new subdivisions shall contain lots less than 25,000 s.f. in area nor less than 120' in width at the building line. Synopsis of Orono Zoning Ordinances 1950-1990 February 12, 1990 Page 3 of 7 H. Ordinance #22 - 10/12/59 - Establishing a minimum building lot size of one acre and minimum 140' width at the building line. Allowed Council to grant variances for substandard lots in single, separate ownership. I. Ordinance #28, adopted January 23 , 1961 , established a Light Industrial Zoning District adjacent to the City of Long Lake, on Highway 12. III. Municipal Code Adopted as Ordinance No. 36 on December 1, 1961, excluded the Zoning Chapters 30 through 38. Earlier ordinances listed above and additional later ordinances noted below apparently remained in effect until 9/14/67, even through the preamble to the 12/1/61 code notes that "all previous ordinances are hereby repealed". A synopsis of the additional ordinances: A. Ordinance #43, adopted April 23 , 1962, established rules and regulations for licensing commercial docks, later revised by Ordinance 451 (April 8 , 1963 ) , #81 (December 13 , 1965 ) , #103 ( February 24 , 1969) , #115 (March 23, 1970 ) , #166 (June 25, 1974 ) , #173 (December 19, 1974 ) and #194 (July 18 , 1977 ) . B. Ordinance #45 , adopted August 27 , 1962, limited residential development to single family uses, estabished setbacks for primary and accessory structures. C. Ordinance #48, adopted January 14, 1963, rezoned property west of Brown Road, north of Highway 12 , as a commercial district . D. Ordinance #49, adopted January 28, 1963, rezoned a portion of the Crystal Bay commercial district to residential . E. Ordinance #50, adopted February 11, 1963, established the Planning Commission. F. Ordinance #54, adopted July 8, 1963, established license for joint use docks. G . Ordinance 457 , adopted December 23 , 1963 , rezoned certain properties in Navarre to commercial . H. Ordinance #63, adopted April 20 , 1964, established regulations limiting development of low lying lands and drainage areas. I . Ordinance #64 , adopted May 11, 1964, rezoned the Forest Lake Commercial District to residential . J. Ordinance #66, adopted July 29, 1964, rezoned additional portions of Navarre to commercial . Synopsis of Orono ZoningOrdinances 1950-1990 February 12 , 1990 Page 4 of 7 K. Ordinance #76 , adopted April 26 , 1965, established zoning application procedures . L. Ordinance #85, adopted February 28, 1966, rezoned portions of the Maxwell Bay commercial district to residential . IV. The existing ordinances were comprehensively recodified and a new system of zoning districts was established as of September 14, 1967. This resulted in the northeasterly corner of the City being rezoned from 1 acre to 2 acre minimum, and established other residential zones of 1/2 acre, 1 acre, and 1 1/2 acre. Also, commercial areas were re-defined as B-1 (Commercial ) , B-2 (Lakeshore Commercial ) , or B-3 (Shopping Center ) . A Planned Residential Development (PRD) regulation was established, which was the only method for creating multiple family residential uses. Later revisions to the 1967 code include: A. Ordinance #97, adopted June 10, 1968, allowed duplexes in the R-1C zone as a conditional use under certain conditions . B. Ordinance 4125 , adopted December 28, 1970 , established the "Floodplain and Wetlands Conservation Area", and regulated or prohibited development within that area. Wording later altered (Ordinance #138, September 14, 1972) to require all City permits to be compatible with LMCD Stormwater Run-off/Shoreline Regulations. C. Ordinance #127, adopted January 25, 1971, created the R-1A-1 sub- district allowing research centers . D. Ordinance #133, adopted December 27, 1971, allowed limited wetland density credit in sewered zones. E. Ordinance 4146 , adopted April 23 , 1973, placed a City-wide moratorium on building. Subsequent ordinances extended that moratorium through the end of 1974, until rezoning/recodification was accomplished. F. Ordinance #155 , adopted October 24 , 1973, established a 75' lakeshore setback requirement for all buildings. V. On December 19, 1974, Ordinance 4172 was adopted, amending the zoning code and establishing new zoning district classifications. Rural , unsewered areas of the City which had previously been zoned for either 1, 1 1/2 , or 2 acre minimum lot size, were rezoned to 2-acre minimum, with a 5-acre minimum lot size zone in the areas northwest of Stubb's Bay. The intent of the 2-acre minimum was to provide room for development on residential lots without the need to provide municipal sewers. Subsequent amendments included : A. Ordinance #179 , adopted September 8 , 1975, required 26' wetland setback . Synopsis of Orono Zoning Ordinances 1950-1990 February 12, 1990 Page 5 of 7 B. Ordinance 4185 , adopted June 14, 1976 , created an M-6 Multiple Family PRD district within the code. As of January 1990, no property in Orono has ever been rezoned to M-6. C. Ordinance 4188/189 , adopted November 22 , 1976, created a B-5 Limited Neighborhood Business District, and rezoned certain properties in Navarre to B-5. D. Ordinance 4190 (February 14 , 1977 ) and Ordinance #192 (June 13, 1977) placed a moratorium on wetland alteration permits until new wetland alteration guidelines could be established. New guidelines were adopted via Ordinance #213 on October 26, 1978. E. Ordinance 4198 (August 22 , 1977 ) further regulated heights of certain structures . F. Ordinance 4201 (October 11, 1977) rezoned the Herrick Circle area on Old Long Lake Road from RR-1B to R-1A. G. Ordinance 4206 (January 9 , 1978) revised zoning of specific properties in Navarre. H. Ordinance 4210 (April 13, 1978) adopted new standards for on-site sewage system construction and management. I. Ordinance 4214 (November 14, 1978) rezoned certain B-1 commercial areas to LR-1A residential . J. Ordinances # 219 (January 23 , 1979 ) , #224 (July 24 , 1979 ) and 4226 (December 11, 1979) established a moratorium on development in the Stubb's Bay area, leading to adoption of Ordinance 4228 (February 11, 1980) , rezoning the Stubb's Bay marina area to LR-1A. K. Ordinance 4225 (October 16 , 1979 ) and 4231 ( May 12 , 1980) a moratorium on fences, expired without significant action on fence regulation. L. Ordinance #236 (January 12, 1981 ) rezoned properties in Navarre to B-4. M. Ordinance #238 (November 9 , 1981 ) and #241 ( May 10 , 1982 ) , a moratorium on development of Lake Minnetonka islands , resulted in Ordinance 4246 (December 30 , 1982) which rezoned Big Island and Deering Island from LR-1A-1 to "RS", the Seasonal Recreational district. N. Ordinance 4249 (April 25, 1983) rezoned certain properties in Navarre from B-3 to B-1. O. Ordinance 4250 (July 11, 1983) rezoned certain marina properties on County Road 15 from LR-1A to B-2. Synopsis of Orono Zoning Ordinances 1950-1990 February 12, 1990 Page 6 of 7 VI. Ordinance #1, 2nd Series, re-codified all ordinances then in effect on May 12, 1984. This recodification did not create new zoning districts, and no significant zoning code changes resulted. This code is in effect today, with the following zoning ordinance modifications since April 1, 1984: A. Ordinance #2 , 2nd Series (June 11 , 1984 ) , rezoning of North Shore Drive Marina to B-2. B. Ordinance #9, 2nd Series (January 28, 1985) , fence regulations. C. Ordinance #13, 2nd Series (October 7, 1985) , Highway 12 moratorium (extended per Ordinance 27, October 13, 1986). D. Ordinance #26 , 2nd Series (July 14 , 1986 ) , misc. zoning code I revisions . E. Ordinance #29 , 2nd Series (February 23 , 1987 ) , misc. zoning code revisions. F. Ordinance #33 , 2nd Series ( March 30, 1987) , NW Stubb' s Bay area rezoning from RR-1A to LR-1A. G. Ordinance #39 , 2nd Series (July 27, 1987 ) emergency superstorm damage repair permits . H. Ordinance #39, 2nd Series (February 22, 1988) , clean fill and land alterations . I. Ordinance #55, 2nd Series (July 25, 1988) , signs. J. Ordinance #64, 2nd Series (October 10, 1989), rezoning North Brown Road property to R-1A'. K. Ordinance #67 , 2nd Series (April 24, 1989 ) , adopt new Highway 12 corridor zoning revisions including revisions to B-1, creation of B-6 zone and PUD provisions. L. Ordinance #72, 2nd Series (August 14, 1989), accessory structures. VII. Conclusion Copies of the 1967, 1975, and current zoning codes are kept on file at the City office should anyone wish to review them. The maps attached as exhibits to this memo are designated as follows: Map A - Township of Orono zoning districts established during the period July through November , 1950 . Map B - City of Orono zoning districts as they existed just prior to 1967 rezoning. Synopsis of Orono Zoning Ordinances 1950-1990 February 12 , 1990 Page 7 of 7 Maps C, C-1 - City of Orono zoning districts effective September 14, 1967 per 1967 rezoning. Map D City of Orono zoning districts effective January 1, 1975 per 1974 rezoning. Map E City of Orono zoningdistricts - current map, updated through February, 1990 . Also, a short chronology of significant zoning events in Orono is attached. N I IN.4• I I Ik W..4 r �{ 1 I iii 1 1 I i Of-1.- : ard!i i I 1` ',;-; -3‹....4111Pr.:..1 i IIIII t,_.-.._ j- .: ._. :. I) . _. . . .. l".111.11 4 I 1 111,1 %. 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N N N -- m m a a a a W Q n1 (D -.a in 6 CC) C .N.. d 6 d m i1/ aQ r° (D N o a» 13 u a FON O N ,77('( _ N N N �4..� N N D n n m N N (D, N . n ; m • . . • • • V , • o m ' 0. • t:i, . / , :. . - ) . .. • . ' • . :iiic‘'-'-'' : . . 'AV././. •C 1) I 1 '. . \ !t.•. i---.---"."' '.' '.' ..'' 1 ` , •nl f ,. . / `, �., Do 11J.4-,-....4 </4 :i / . . II • lit T / '! i Z f i - 5A '..1:fr/41• 'YY/(0. I C---;111) -ZIP : /i4 /i wen,.'___eei_,..1_= : . ,� 4 •'(•`.1 . fTL/ & ' l /,' `\"{ �,°"fi • f.'1 II' _.., I 3 1 . ,1 I '� ) 11-82; moi= `, i (YS P, �, _ •• 1ill X .13.,,,, .:�-cr= ,________n _:, .1 jipt . , .. . ..� : '41,A 1- • 11 /� li a SIGNIFICANT EVENTS IN THE EVOLUTION OF ZONING/LAND USE REGULATION IN ORONO 1950 - Adoption of first Orono Township Zoning Ordinance. Established various residential and commercial zoning districts, encompassing most areas except the northwest quadrant of Orono. Established minimum lot size of 1 acre around Stubbs Bay; 1.5 acres in eastern Orono; 15 ,000 s.f. , 75 ' frontage around Forest Lake. 1954 - Township became City (or Village ) of Orono. 1955 - Established "Northeast Orono " zoning district, requiring 1 acre minimum lot size. 1955 - Adopted setback standards for single family residences : 30 ' front, 10 ' sides and rear, same for garages . 1955 - Adopted platting code, required minimum lot area of 15,000 s.f. , 100' width. Among other things , required dedication of public open space, i.e. park dedication. 1955 - Adopted Ordinance # 5 providing minimum building construction standards including minimum septic system requirements . 1957 - Established the "Residual" zoning district for all areas not previously zoned. 1958 - Amended platting code to require new subdivisions to have minimum lot area of 25,000 s.f., 120' minimum width. 1959 - Ordinance #22 established minimum lot size of 1.0 acre, 140' width. Allowed Council to grant variances for substandard lots of record in single, separate ownership. 1961 - Established "Light Idustrial" zone along Highway 12. 1962 - Adopted ordinances regulating commercial boat docks. 1963 - Adopted ordinance regulating joint use docks . 1963 - Planning Commission formally established, 12 members . 1964 - Park Commission formally established . 1964 - Adopted regulations protecting " low lying lands " , restricting building and filling in such areas, and omitting them from area computations . 1965 - Planning Commission reduced to 9 members . 1965 - Ordinance #76 established detailed procedures for zoning variance and conditional use permit applications . 1967 - Comprehensive Zoning Code adopted. Established various residential zones throughout the City, ranging from 1/2 to 2.0 acres required minimum lot size. Recodified prior and newly adopted ordinances. 1970 - Planning Commission increased to 14 members (including City Attorney, City Engineer, One Councilmember ) . 1970 - Adopted ordinance requiring phosphate content disclosure on all detergents sold. 1970 - Ordinance #125 established "Flood Plain and Wetlands Conservation Area " with regulations prohibiting filling, grading, dredging, excavation, and construction. 1973 - Adoption of 75 ' lakeshore setback requirement. 1974 (December) - After a 2 year building moratorium, adoption of 1974 Comprehensive Guide Plan. Rezoning of entire City - established new 2 acre/5 acre zones, hardcover/average setback requirements adopted. Incorporated a broad range of significant regulations for the 2 and 5 acre zones. 1975 - 26 ° wetland setback requirement adopted. 1976 - B-5 and M-6 zones established - portions of Navarre rezoned to B-5. 1978 - Revised wetlands/flood plain ordinances to incorporate new application procedures . 1978 - Adopted new On-Site Sewage Treatment System code, hired full time septic system inspector. 1980 - After a 1-year building moratorium in the Stubbs Bay area, rezoned Stubbs Marina to residential . 1980 - Adoption of 1980 Comprehensive Guide Plan. 1982 - After a 1-year moratorium, adopted comprehensive zoning regulations for Minnetonka islands, creating the "RS" district. 1984 - City Ordinances recodified . 1988 - After a 2-3 year development moratorium along Highway 12, B-6 Highway Commercial District created , PUD ordinance and regulations adopted. 1989 - Adopted ordinance requiring public accessability to private roads. • ,t'*/+i•F.' ,`F:••'•f''ti .1�' �:y: Y. i . !t.'::'," ..‘.."... ,� Y•.:' •.X • ' '...:111.1! ....., ' ••••'..;:4 '.4-...• , , ; � , ' ' ' .: : Di�: on, CityAdministrator • • ' .. h i• ZRIV: .:Hank.Muh ch, Zoning Administrator i ? •ry> J e :1;0. . CL! ti F. September 29, 1976 . y L ;,; ' { � f,.' .:SUBJECT'• dairies Rivers - 1442 Shoreline Drive � � :�,,;. *i: Existing ' : t;. . Variance . Lakeshore Setback ExpandNon-Conforming •.•:.:::.•.•,,,, •,..•.0..., . :a:.,;. '-- - Dwelling in B-2 Zone `'•:-.3,,,p. i. Mr.'Rivers: (Windward Marine) is considering reaching an agreement with :'Y'.•`: € "N •:. '- '.'Mr. McMahan'whereby he would lease or purchase Mr. McMahan' property ` -°�'d' `- McMahan's to the �� { �. • { vi '. `"worth .Of the Windward Marine. This would include the 'residence behind Mac's , , v iza'` uilding :::'.The'•existing. residence is now only 38' frau the shoreline (Mr. River's measure- • i 1 •' '-ment): .:iigiever, :the water level is extremely low this year. i �K , 4:':. +r.' Rivers' is requesting approval for an addition to the house (non-conforming ' 'f . ' residence in B-2 Zone) . The proposed addition would be 414 sq. ft. in area vi.,.,..!w:17=). • ••.'`:;and•extend 9' closer to the shoreline. This would result in a 29! lakeshore ' ?,,; :;� etback from thepresent shoreline. I don't have the data as to where ther 1. �;:.� � �`h,.;.a' , �,. t Roreline would be if the water level were at a 929.4 elevation.'. ,,...., ••Xn order t eo c ate for this additional hardcover, Mr. Rivers has agreed to '_..;. ,; noye the existinghardcover surface extending to the shoreline between the ..„t , Marine building'aid Mac's Pizza buildin This concrete asphalt slab • ,44') i.A-d, �ldindwar+dg :, is' apoproximately'2,000 sq. •ft. in area. Approximately 1,200 sq, ft. of this • ,...'..,...••••,...:-..n' :;'slab is located within the 75' shoreline setback line. If approved, he would . .. i0l� • .3'also remove the building that previously was used as Macs Pizza and more - : -. -., %;' ,::•,i.-'recently as ts, bait shop ,- display -boat . . :review of.this. sal we might consider several. conditions, :revs •�In this. g �' ..`along. the� Ctsroad and the present sewage e dis os al system tem for all building •s. 's. .,,: No part of this building lies within the 75' lakeshore setback, but if this ' 'y::'•y,: �. slab•'is also removed, seepage. and filtration would be improved: ....• = . . • ''' `IN `FLAILING OA44ISST(N MEETING October 18, 1976 . ' .. *** : '' • ' • ' -• ;,:-..,.,: ,. ' '4" 'The Planning Commission recommended approval of lot area/width/side setback and '.: :z;:: • • lakeshore setback variances for an addition to the existingnon-conforming • 'dwelling subject to the following: g ; "*=• '( 1) .Removal of the. "Mac's Pizza" building' prior to construction of the addition : ` r. 2 ;::Removal of the building slab and the concrete slabs between the house and ''...'.4',1'4;-i," the. marina building prior to June 1, 1977, ,; 1• :(3) No commercial use of the subject lot or lots between County Road 15 and , ,4. : ..:. :Tanager lake. ' .,:';, .tt; :(4)` No :ca im ercial use of the subject lot or lots between County Road 15 and • . Broia►'s Bay exceptfor the. existing buoy service dock. " =` x` :.: ' '": ,(5)` Review:of the existing septic system for conformance to Village code. ; :' (6) ' Post'' a $2,000 performance band for removal of the hardcover mentioned • �� ':,-4= :. . .in Iter #2:. .. 'y',..,,, • C 4CIL•.j STING .Qctober 25, 1976 •• .., Aproved variances 'for lakeshore setback and addition to non-conforming situation::4.. •,,y.@,;40 . su ject'to'.:Planning Conmti.ssion conditions with changing condition, 13 to no - '•4f ca is a rcia1 use,of subject:lot 'an Tanager.lake side except for automob i les part ii g. :` • • • ' '•• :qtr' - .3 .•:,......•.r.:—i.,g?i - ,r' „1'. •• • };y .:' ' • • "i•' iy1 ! yy�'Ld_• t ,,‘,..i,...•. 4 of i. �� .� � � •• ;.•1'...•74:"*. ` } • a' .' • • ry,:,,: '''',•••14:W..:3 • • ,r5 `+ • $,�„A,,,e�,■ }: .•i. THIS. $L �R17 . ` t.11••:,7:77.,.,, ol. • .t. to t yy ., .I z ••T. gg :.f 'w ••l:l5i �/+ ./.,.,•9$ - :;i':.....-..;:.,,:..2,..:::i,..,,,•:.?:::,': 'i�• • .ia �:, x: mob•i _ :..y ..ii , 1; .4 \'.:4f:r • • • • PI ' r: .:Y..fiRX s. #7 • 1�4�x17 • • •• • • • • • ki ': •.t : .. .. .. 1.>.44...{ • • , ( Zo/U1N6. • 141g0 Ikaeekteru r-- AGUILMENT WITH CITY OF OROl10 REGA14uING REZONING CLETA11: FR(PERTIES s • WHEREAS,P,L'h5, JA11ES P. RIVERS and ;AM. A. i:iVi i , are the owners of That part of government I.i.t 1 , Section 11, Township 117, north Range 23, West of the 5th Principal Meriden, described as follows: beginning at a point on the shore of Lake Minnetonka which point is found as follows: Beginning at the meander corner at the Northeast corner of said Government Lot 1; thende South 10 degrees Last 826.35 feet more. or less to the Northerly line of a certain tract of land deeded to Edgar lioswell and recorded in Book 700 • '.. of beeds, Page 47, thence North 67 degrees 48 minutes East along the Northerly line of said Boswell land to the shore of Lake Minnetonka; , ' ' thence Northerly along said shore a distance of `' '`R • 125 feet more or less to a point in a line that is parallel with and distant 120 feet itortnerly at right angles from the Northerly line of said • Boswell tract; said point being the point of beginning of tract to be described; thence con— tinuing Northerly along the shore of said Lake o5 feet more or less to a point in s, line drawn \\ parallel with and 185 feet t;orthrly at right angles • :,. from the North line of Boswell tract above referred . .Y to; thence South 67 degrees 48 minutes West to - shore of liud or kound Lake; thence South along shore of said Mud or Round Lake to a point in a line which bears South b7 degrees 48 minutes West from the point of beginning; thence North o7 degrees 48 minutes East to the point of beginning; ALSO: That part of Government Lot 1, Section 11, Township 117, Range 23 described as follows: be— ginning at a point on Shore of Lake t:innetonka which point is found as follows: beginning at the Northeast corner of said Government Lot I, thence South 10 _7 degrees East 836.5 feet to the Northerly line of land conveyed to Edgar Boswell by deed recorded in Book 700 of Leeda, page 47; thence North 67 degrees, 48 minutes East along the Northerly line of said Boswell land to the Shore of Lake Minnetonka; thence Northerly along said shore 75 feet more or less to a point in a line that is parallel with and distant 70 feet Northerly at right angles from the Northerly line of said Boswell tract, said point being the . . 4•'.. point of beginning of tract to be described, thence \ continuing Northerly along the Shore of said lake 50 feet more or less to a point in a line drawn parallel with and 120 feet Northerly at right angles from the North line of Doswell tract above referred s - to; thence South 67 degrees, 48 minutes West to 1 Shore of Mud Lake; thence Southerly along shore of { said lake to a point in a line which bears South !t 67 degrees, 48 minutes West from point of beginning, thence North 67 degrees, 45 minutes to beginning. • , , a"i WHEREAS, said above property is subject to a certain first mortgage dated November 22, 1976 running in favor of JAMES U. 11cii41tAN. ee WIiE:XL•AS, 'Windward Marine Inc. , a corporation owned by J/diLS P. I:IVEKG has a twenty-five (25) year lease which expires in 1998 together witu a first option to purchase the property described as follow::: That part of Government Lot 1, Section 11, Township 117, 1• ` Range 23, described as commencing at the meander corner on the North line of said Government Lot 1; thence South 10 degrees Epst (assuming the North line of said Govern- ment Lot 1 as bearing East and west) a distance of 828.27 ee feet to the actual point of beginning; thence North b1 degrees 48 minutes East to the snore of Lake lll.nnetonka; , thence Southeasterly along said shore 60 feet, more or i less, to an intersection with a line bearing North 67 degrees 48 minutes East from a point which is on a line bearing South 10 degrees East and distant b1.39 feet from ; .. the actual point of beginning; thence South 67 degrees 48 minutes West to the shore of Tanager Lake (formerly u. Mud Lake); thence Northwesterly along the shore of Tanager Lake to an intersection wi.tn a line t+_arieg Soutn 67 degrees , 48 minutes lest from the actual point of beginning; thence North 67 degrees 48 minutes East to the actual point of beginning, according to the Government Survey thereof. I ' Parcel 1 : • ,} That part of Government Lot 1, Section 11, Township 117, i Range 23, described as commencing at the meander corner ,,: , on the North line of said Government Lot 1; thence South 10 degrees East (assuming the North line of said Govern- 5` went Lot 1 as bearing East and West) a distance of 764.88 ''i" feet to the actual point of beginning; thence North 67 degrees 48 minutes East to the shore of Lake Itinnttonka; '! thence Southeasterly along said shore to its intersection . ee • with a line bearing Norte: 67 deselects 48 minutes East from • a point which is on a line bearing South 10 degrees East and distant 61.39 feet from the actual point of beginning; thence South 67 degrees 4b minutes West to the shore of ' Tanager Lake (formerly Mud Lake); thence Northwesterly e . along the shore of Tanager Lake to its intersection with a line bearing South 67 degrees 48 minutes West from the actual point of beginning; thence North b7 degrees 4b minutes East to the actual point of beginning. 1 P Parcel 2: That part of Government Lot 1, Section 11, Township 117, Range 23, described as commencing at the meander corner r on the North line of said Government Lot 1; tnence South di 10 degrees East (assuming the North line of said Govern- ment Lot 1 as bearing Last) a distance of 585.84 feet to the point of beginning of the land to be described; thence continuing South 10 degrees East a distance of 61.39 feet; ' thence North 67 degrees 48 minutes East to the shore lane of Lake Minnetonka; thence Northwesterly along saia shore t line to the intersection with a line bearing North 67 degrees 48 minutes East from the point of oe inning, thence South =4 • 67 degrees 4e minutes West to tho point of beginning. - ' j,, a, 2 e% • and that the fee ownership of said land in in the :. . : of Jack Lehtinen anu that he has consented to the rezoning of the described property. WHEREAS, both piece's of described property i.0 traversed by Hennepin County • � I Road b15 and the described property is bounden on the easterly Fide by Browns Bay of Lake Minnetonka and on the westerly sine by Tanager Lake on the soutn by • a commercially zoned marina and on the north by residentially zoned property. WHEREAS, by reason of its location the property on browns hay is adaptable. • to development as a commercial marina because of its access to open water and does not present a safety or health problem. WHEREAS, by reason of the smallness of Tanager Lake and the current number • of approved slips in this area, the expansion of any marina activities on the • • Tanager Lake side may constitute .a immediate threat to the public health and • • safety. • WHEREAS, the current marina is licensed for 118 slips and there is pending • before the council an application for dock layout for forty (4U) s!,ips on • • Tanager Lake and seventy—eight (70) slips on Lrowns Bay together with such landscaping as necessary for said protection and appearance. • WHEREAS, the City has requested that there be no permanent structure lr • gparking on the parcel of land lying east of Hennepin County Road P15 north of the current building and to use the residentially zoned property owned by Rivers • for obtaining the necessary parking spaces for a 118 slip Marina. WHEREAS, JAMES P. RIVERS and MANY A. RIVERS are occupying, as a principal resident, a building on the property owned by them and there is another residen-- tial unit on the adjacent parcel to the north. WHEREAS, the City of Orono, alter reviewing all the facts presented at - varlous public hearings has concluded that the development of the property on c Browns flay with the dockage proposed and therezoning of all of the property owned on Browns Bay by JAMES P. RIVERS and 11ARY A. RIVERS or JACK 1.,EhTIt:EE and the granting of conditional use permits as to the use of the property between County Road #15 and Tanager Lake for parking purposes and would be consistent —3— with the City obligation to protect the public health, welfare And safety and e ` . :4,.t, respecting the property rights of rite land owners, on condition of the property y4. ;�Y . owners agreeing to the rcytricCi.on as to iti.pari;tn Rights and surface usage as herein provided. . e,, NOW THEREFORE, IT IS AGREED between the City of Orono, a Municipal _•' Corporation and JAMS P. RIVERS and MARY A. RIVERS as owners of : f- . M., That part of Government Lot 1, Section 11, Township art.: • i°:'',.!;.: 117, North Range 23, West of 5th Principal bleridan, described as follows: rr_•gir,n^:n; at a point on the shore of Lake Minnetonka which point is found >:: as follows• Beginning at the meander corner at the e.... Northeast corner of said Government Lot 1; thence :aY South 10 degrees East 826.35 feet more or less to the Northerly lime of a certain tract of land deeded v-.. • _ to Edgar Boswell and recorded in Book 700 of Deeds, v K'i Page 47, thence North 67 degrees 48 minutes East along the Northerly line of said Doswell la.id to the shore • i of. Lake Minnetonka; thence Northerly along said shore t :, a distance of 125 feet more or less to a point in a .. line that is parallel with and distant 120 feet Northerly y.::. :;.;: at right angles from the Northerly line of said Boswell s-: tract; said point being the point of beginning of tract to be described; thence continuing Northerly along the ''y shore of said Lake ttS feet more or less to a point in a line drawn parallel with and 185 feet Northerly at right "` angles from the North line of Boswell tract above referred �. to; thence South 67 degrees 48 minutes West to shore of `"' Nod or Round Lake; thence South along snore of said• Mud �; or Round Lake to a point in a line which bears South v7 'r: degrees 48 minutes West from the point of beginning; thence North 67 degrees 48 minutes East to the point o: fl• beginning; T. ALSO: That part of Government Lot 1, Section 11, Ir. . .. Township 117 , Range 23 described as follows: Beginning at a point on Shore of Lake Itinnetonka which point is found as follows: lteginning at the Northeast corner e, of said Government Lot 1, thence South 10 degrees East $�t04. 836.5 feet to the Northerly line of land conveyed to •,fr.�: Edgar Boswell by deed recorded in Book 700 of Deeds, y. . , page 47; thence North 67 degrees, 48 minutes East r.,;. along the Northerly line of said Boswell land to the ,;.4 • Shore of Lake Minnetonka; thence Northerly along said tti shore 75 feet more or less to a point in a line that e, is parallel with and distant 70 feet Northerly at Wright angles from the Northerly line of said Boswell s.:� g :`° tract, said point being the point of beginning of tract to be described, thence continuing Northerly , along the Shore of said lake 5U feet more or less <,. to a point in a line drawn parallel with and 120 feet ,i_. Northerly at right angles from the North line of Boswell tract above referred to; thence South 67 degrees, h1 48 minutes West to Shore of ltud Lake; thence Southerly , "�'.: along shore of said lake to a point in a line which bears r. F.. South 67 degrees, 48 minutes West from point of beginning, • thence North 67 degrees,. 48 minutes to beginning. `. ' • and Jack Lehtinen as owner of: :, That part of Government Lot 1 , Section 1.1, Township 117, Range 23, described as comsencing at the meander corner on the North line of said Government Lot J ; thence South 10 degrees East .(assuuing the North line of said Govern- ment Lot 1 as bearing East and West) a distance of 826.27 • feet to the actual point of beginning; thence North 67 degrees 48 minutes East to the shore of Lake Minnetonka; ` thence Southeasterly along said shore 60 feet, more or less, to an intersection with a line bearing North 67 degrees 48 minutes East from a point which is on a line bearing South 10 degrees East and distant 61.39 feet from • the actual point of beginning; thence South 67 degrees 48 minutes West to the shore of Tanager Lake (formerly Mud Lake); thence Northwesterly along the shore of Tanager Lake to an intersection with a lint: bearing South 67 degrees 48 minutes West from the actual point of beginning; thence North 67 degrees 48 minutes East to tie actual point of beginning, according to the Government Survey thereof. Parcel 1 : That part of Government Lot 1, Section 11, Township 117, Range 23, described as commencing at the meander corner • on the North line of said Government Lot 1; thence South 10 degrees East (assuming the North line of said Govern- ment Lot 1 as bearing East and West) a distance of 764.88 feet to the actual point of ocgi.nning; thence North 67 degrees 48 minutes East to the shore of Lake Rinnetonka; thence Southeasterly along said shore to its intersection with a line bearing North 67 degrees 48 minutes East from • a point which is on a line bearing South 10 degrees East • • and distant 61.39 feet from the actual point of beginning; ,. gest to the shore of . degrees 48 minutes 7 thence South G . Tanager Lake (formerly Mod Lake); thence Northwesterly along the shore of Tanager Lake to its intersection with a line bearing South 67 degrees 48 minutes test from the actual point of beginning; thence North 67 degrees 48 minutes East to the actual point of beginning. Parcel 2: That part of Government Lot 1, Section 11, Township 117, Range 23, described as commencing at the meander corner on the North line of said Government Lot 1; thence South • 10 degrees East (assuming the North line of said Govern- ment Lot 1 as bearing East) a distance of 555.84 feet to the point of beginning of the land to be described; thence • continuing South 10 degrees East a distance of 61.39 feet; thence North 67 degrees 48 minutes East to the shore line of Lake Minnetonka; thence Northwesterly along said shore line to the intersection with a line bearing North 67 degrees 48 minutes East from the point of beginning; thence South 67 degrees 48 minutes West to the point of beginning. as follows: -5- • 1. That the City of Orono ,•ill agree to rezone all of the property lying between the center lime of Hennepin County Road 1115 and Lrowns '',.:: , Bay which has been described as being owned by JAMES P. RIVER and VARY •A. RIVERS or by JACK LEhTi1aIF to Lake Snore Commercial b--2 and to grant. to JA/IES P. RIVEI;S and i:ARY A. R1VLI.S a conditional use permit for the . parking of automobiles on the property owned by them which is residers- tinily zoned to provide the required number of parking spaces to meet the requirements of toe off street parking ordinance or to grant a variance from the requirements of the parking ordinance subject to the finding that such variance does not create a public health or safety hazard. • This agreement of the City of Orono is conditional and made subject to `' , JAMES P. RIVES and MARY A. RIVERS and JAMES LE)TINE?; as owners of the described property doing the following: ` 1. Applying for a division for tax purposes of the property lying east of Pennepin,County Road 1.115 from the property owned by Loren Born (P.I:N 11-117-23 22 0003) and having the same held. .n coMmon ,ownershi p with the remaining commercial property owned by iss`Leht1'nen with written a reement that this property will not be sold except as part and parcel R of a sale of the balance of the commercial property owned by aacreb :,--f,.. ..„ • .• --i. Lehtinen. 2. The execution by the owners and those encuobrances as required by the i:' City attorney of an open space easement approved by the city attorney '' covering the property lying to the east of County Road #15 which is part of parcels P. I.U. 11-117-23 22 0003; 11-117-23 21: 0004; and 11-117-23 22 0005 which will restrict this area to landscaping per -`•* plans submitted and that no permanent structures or parking will be r permitted on the property and that no exit or entrance be allowed to any current or future dock structure from this property. This shall 1'>.: not prevent the construction of dockage in front of these parcels con- ,�'. sistent with the plans hereto attached but the entrance or exit from yrk;: said dockage shall be from parcels 1000 or 4600 or the use of said pro- ' • perty in the spring and fall for parking of boats and cradles to favi- •',,.i. • litate the launching and removal of boats. 71 • 3. An application by JAMES P. RIVERS and VARY A. RIVERS and the granting :., . to them of a conditional use permit to provide for overflow parking on the easterly portion of parcel P.1.1:. 11-117-23 22 0004 and 11-117-23 1`` 22 0005 which is west of Hennepin County Road i15 to serve the overflow dparking area to provide necessary parking for the proposed slips. 4. Withdrawn by JAMES P. RIVERS and DIARY A. RIVERS of their application to rezone the property lying west of Hennepin County Road r15 for residen- tial to Lake Shore Commercial 13=2. ;.r 5. Applying for and obtaining from the City of Orono, a variance from the ,' setback requirement from the residentially zoned parcel P.I.I . 11-117-23 22 0005 for the existing commercial dockage on Tanager Lake ' ' and a variance on Browns Lay side of the minimum set back requirements for the proposed dockage plan as it applies to the residentially zoned land lying north of parcel P.I.):. 11-117-23 22 06U3. r . 6. Construction according to the plans submitted of dockage on Browns Bay 1,,:, of 78 slips and the execution of an agreement with t'ie City of Orono that the operators of any commercial r.uarina will limit the number of commercial rentals to 118 boats. ;. -6- r 7. .Executing an agreement with the Ci ty of Orono that the owners will con- nect to the City Sewer as soon as the same is Cade available for a . direct hook-up. 8. Execution of an agreement with the City of Orono where noadditional. • dockage or slips will be constructed on tnc Tanager Lake side other . than the existing 40 commercial slips plus one non-commercial slip for each residential unit on the residentially zoned property. 9. Payment to the City expenses of their expenses incurred for planning and legal services in connection with tnis application. 10. Execution of an agreement approved by the City Attorney to restrict the property owners Riparian )tights to Uro‘,•ns Bay and Tanager Luke con- slat-ant with the terms of this agreement. E.. • 114 WITNESS WHEREOF, we have hereunto set our hands this -- clay of JAMES P. RIVERS • I IIARY A: I:IVERS JACK LEHTI NEN l CITY OF OROINO • • t )j 7 . t Iti i - .. • t, +a • � • �. • • ,0 • �0 LOT COMBINATION, RIPARIAN RIGHTS -7223 •I' AND OPEN SPACE AGREEMENT THIS INDENTURE, made and entered into this day of , 1983, by and between JACK IIIITINEI+T and CAROLYN rarTNEN, husband and wife, and JAMES P. RIVERS and MARY A. RIVERS, husband and wife, their heirs, assigns, successors (hereinafter collectively referred to as the "Grantors") and the CITY OF ORONO, a municipal corporation under the laws of the State of Minnesota, its successors and assigns, (hereinafter referred to as the "Grantee") WITNESSETH: TH: WHEREAS, James P. Rivers and Mary A. Rivers are the owners of; That part of Government Lot 1, Section 11, 'ibwnahip 117, Range 23, described as follows; Commencing at the meander corner cn the North line of said Government Lot 1; thence South 10 degrees East assuming the North line of said t Lot 1 aa bearing st �T�--h � and West) a distance of 647.23 feet Ypoint hereinafter referred to as "point A"; thence continuing South 10 degrees East a distance M a ' of 117.65 feet to the actual point of beginning; thence South 67 degrees 48 minutes West to the shore line of Tanager Lake.; thence N � Northerly along said shore line to a line bearing South 67 degrees ' % 48 minutes West frau said "point A"; thence North 67 degrees 48 < ` minutes East to the shore line of Lake Knnetonka; thence Southerly 'i along the shore line of Lake Minnetonka to a line bearing North V 67 degrees 48 minutes East from the actual point of beginning; thence South 67 degrees 48 minutes West to the actual point of beginning. (Hereinafter described as "Parcel A"), and being registered property.; and a �� 9 Lo WHEREAS, Windward Marine, Inc., a Minnesota corporation owned by James U la.7 P. Rivers, has a twenty-five (25) year lease which expires in 1998 together with a first option to purchase the property described as J0� That part of Government Lot 1, Section 11, Township /17, Range 23, icy described as oannencing at the meander corner on the North line of said Government Lot 1; thence South 10 degrees East (assuming the \� North line of said Government Lot 1 as bearing East and West) a b oBPMTMENT OF PRI • Y TAAMION "3883 L/R/o k71 ss' .. t2Z�•,•1� INN. .IiY I. ik distance of 826.27 feet to the actual point of beginning; thence North 67 degrees 48 minutes East to the shore of Lake Minnetonka; thence Southeasterly along said shore 60 feet, mare cr less, to an intersection with a line bearing North 67 degrees 48 minutes East from a point Which is on a line bearing South 10 degrees East and distant 61.39 feet from the actual point of beginning; , thence South 67 degrees 48 minutes West to the shore of Tanager yy Lake (formerly M.d Lake); thence Northwesterly along the share r of Tanager Lake to an intersection with a line bearing South, 67 degrees 48 minutes West from the actual point of beginning; thence North 67 degrees 48 minutes East to the actual point of beginning, according to the Government Survey thereof. (Hereinafter described as "Parcel B"), and being registered property; and That part of Government Lot I, Section 11, Township 117, Range 23, iidescribed as commencing at the meander corner on the North line of said Government Lot 1; thence South 10 degrees Fast (assuming the Q a North line of said Government Lot 1 as bearing East and West) a 0 k q. distance of 764.88 feet to the actual point of beginning; thence u , North 67 degrees 48 minutes East to the Shore of Lake Minnetonka; c7 ti q thence Southeasterly along said shore to its intersection with a 17 ~ line bearing North 67 degrees 48 minutes East from a point which �s< It s ,1 is an a line bearing South 10 degrees East and distant 61.39 feet 4 IX v frau the actual point of beginning; 8 k minutes West to the shore of Tanager Lake (formerly Mud Lake) ; thence Northwesterly along the shore of Tanager Lake to its intersection with a line bearing South 67 degrees 48 minutes West from the actual point of beginning; thence North 67 degrees 48 minutes Fast to the actual point of beginning. (Hereinafter described as "Parcel C") and being registered property; and \0 That part of Government Lot 1, Section 11, Township 117, .Range 23, A A described as o n ening at the meander corner on the North line of '.1 said Government Lot 1; thence South 10 degrees East (assuming AryNorth line of said Government Lot 1 as bearing East) a distance Z of 585.84 feet to the point of beginning of the l,arxi to be S'p ,V 1 @ described; thence c mtinuing South 10 degrees Fast a distance of if U b „ 61.39 feet; thence North 67 degrees 48 minutes East tothe share y$ �� , line of Lake Minnetonka; thence Northwesterly along said shore �t line to the intersection with a line bearing North 67 degrees 48 minutes East from the point of beginning; thence South 67 degrees 48 minutes West to the point of beginning, nq, (Hereinafter described as "Parcel D") and being registered property. and the registered fee owner is Jack Lehtinen; and -2- 3883 WR/0 ti • WHEREAS, on October 27, 1980, the Grantors and Grantee entered into a Rezoning Agreement (hereinafter referred to as the Agreement) in Ultich the Grantee would agree to amend the Municipal Code of Orono and grant certain conditional use permits or variances at the time the Grantors had fulfilled to the satisfaction of the Grantee all conditions set forth in that Agreement; and WHEREAS, The Grantors, as required by that Agreement have applied for a division for tax purposes of the property lying east of Hennepin County Road No. 15 frac the property caned by Loren Born (P•I.N. 11-117.23 22 0003); and WHEREAS, the Grantee has approved the division granting lot area and lot width variances to the existing LR-lA Lakeshore Residential Zoning District based on the availability of public sanitary sewer and the proposed use of the property to be consistent with the environmental standards of the City; and WHEREAS, Grantors, as required by that Agreement, have applied for a conditional use permit and setback variances with their 1981, 1982, and 1983 commercial dock license applications to permit c x nercial parking on resi- dential zoned property and the placement of permanent floating cock struc- tures at less than minimum setback requirements from abutting residential properties; arra WHEREAS, the Grantor has applied for a 1981, 1982 and 1983 ccawercial dock licenses for Windward Marine, Inc., and the Grantee has made a finding that the proposed level of com ercial use is consistent with the objectives and intent of the 8-2 Lakeshore Qxmnercial Zoning District as applicable bo Parcels A, B, C & D herein described and Grantee has conditionally approved a 1981, 1982, 1983 COrmercial Dock License for Windward Marine, Inc., subject to the execution of this Agreement. -3- 3883 L/R/O Now, T'HEREF'ORE, for and in consideration of the sum of $1.00 and other valuable consideration, Grantors hereby covenant, grant, gift, quit claim and convey to Grantee the right to restrict and the Grantors agree to limit and preclude the ownership, use, improvement and development of the following described properties under the conditions and covenants herein contained: 1. The Grantors agree that Parcels B, C and D as herein described will not be sold, leased or otherwise encumbered except as a single parcel. 2. The Grantors hereby grant to the Grantee an c easement over that portion of Parcels A andD eaccribed ere n ying easterly of the easterly right of way line of °aunty Awad No. 15 and Grantors, for themselves and k , their heirs, or assigns will not place permanent structures on that portion of Parcels A and D described herein lying easterly of the easterly right of way line NIt• ti of County Iniad #15, or construct any ingress or egress .,, entrance to any docks constructed an Brown's Bay, w Take Minnetonka, from said portion of Parcels A and D ii I described herein lying easterly of the easterly right of way line of County Road #15 nor will any permanent o parking of vehicles be permitted an that portion of Parcels A and D described herein lying easterly of btthe easterly right of way line of County Bead #15, r with the proviso that this restriction shall not prohibit the temporary parking of 'boats and cradles in the Spring and Fall to facilitate the launching and oval of teats. 14 le) • 3. Grantee hereby agrees that Grantors shall have a Conditional Use Permit for parking on that portion of Parcel A described herein lying westerly of the westerly right of way lines of County Road #15 to the extent necessary to meet parking requirements for one hundred eighteen (118) authorized rental slips. 4. Grantors agree not to construct and maintain more than forty (40) commercial slips on the Tanager Bay side of Parcels A, B, and C described herein and seventy-eight (78) commercial slips at the Bran's Bay side of Parcels A, B, C and D for a total of ane hundred eighteen (118) commercial slips. That ingress and egress to said slips shall be from Parcels B and C described herein. -4- 3883 T,,/R/d Grantors shall not construct and naintain more than one (1) non-commercial slip on the Tanager Bay side 5or each of the residential units on Parcel A described herein and Grantors to naintain current commercial slips setback fon residential property adjoining Parcel D and not to further encroach onto the residential property described as Parcel A, herein. 5. Grantee agrees to rezone that portion of Parcels A and D described herein, lying easterly of the easterly right-of-way line of County Road 015 to Lakeshore tkmnercial 8-2, oonsistant with with the Rezoning Agreement dated October 27, 1980. 6. Grantors hereby grant to Grantee the right to enter upon the above described properties for the purposes of inspection and enforcement of the covenants obtained herein and to cause to be lawfully removed from these properties without any liability any structures, uses, materials and substances or unnatural material inconsistent with the covenants contained herein. 7. In addition to any other remedy that Grantee may have, the covenants and restrictions contained herein nay be enforced by injunction. Grantors Who are in possession of these properties shall pay to Grantee all expenses, including attorneys fees incurred by Grantee in enforcing the terms of this indenture. 8. Grantors do not intend that the public should have any interest in the above land by virtue of this indenture or otherwise, except as hereinabove set forth. 9. Consistent with the Agreements herein xr tained, Grantors understand that nothing herein limits Grantee or other regulatory bodies from regulat- ing the future use of this property described herein pursuant to legally applicable and enforce- able g verrm sntal regulations. 10. This Agreement has required the granting of multiple variances to the standards of the Orono Zoning Code to permit the current level. of cdnnercia1 and residential riparian use of the properties described herein and the execution of this Agreement Shall not deem vested property rights to the Grantors but shall remain subject to the future nodifi- cation by the Grantee consistent with the police powers granted to Grantee pursuant to law. -5- 3883 L/R/O ,� p CITY OF CRMO II& -% at i ;;r . sant u • • BY ,M► , n 5-1-t ii,.., .. A •! V - • •r �•.: Thomas/ rahm, Acting M �•ayor 1, % � / ` ' BY f,,f�,(c-er2`nd On %.ra.s/ Alberta M. Strom, City Clerk �, J•«' f :_ 0-51 CAROLYN LFIITh 7 STATE OF MI SO`I'A) . )ss. COUNTY OF I PIN) On thi /r day of , 1983, before me, a Notary Public, within and for said tl�c personally appeared, JAMES P. I RIVERS and MAIM A. RIVERS;*' O tn`a known to'be.the persons"described in, and . who executed the foregoing instrument, and as ge t - executed the same as their free act and deed. . 7 f -..1=.• *husband and wife • - .y, VASkli STATE OF MINNESOTA) pa tkJrl�JI N Or�1 y;44:. ',.:4:t; •f::,.:. )89. My CUN ..e.Kpa 1.4$ , to , �Q$ ) , ���''/4 ,7:'•*.s � : oansyPX OF MFz NEPIN) / f / 1 On this 1 day of G( ' , 1983, before me, a Notary Public, within and for d County, personally appeared, JACK LEHTINFN and CAROLYN LDfl'INEN, to me known to be. the persons described in, and who executed the foregoing instrument, and acknowledge that they exe- cut ,..,4,4.4,..;•:!:•,,,,...:--,•-•.t•':- .,' 71--"'. - .�. *husband2 �annd w' fe 7-�v* fyFFICIAI SEAT. f1 Gf. //(c(/ 3 ,. NVTARY ream-Sure OF NEVADA, �t t • s' ri+ CLARY (AUNTY f, ifs Jeffrey A. MaVicker ; ; a gr�� ., • MY APF.'NTVENT E%pIPES JULY 19,J988 )ss. COUNTY OF Ha EPIN) On this 1/ day of ci • , 1983, before me, a Notary Public, within andsal County, personally appeared, Acting Mayor, Thomas Frahm and Alberta M. Strom , to me personally known, who, being each by me duly sworn did say that they are respectively the Mayor and City Clerk of the City of Orono, Minnesota, named in the foregoing instrument, and that the seal affixed to said instrument is . the seal of said City of Orono and that said instrument was signed and sealed in behalf of said City by authority of its City Council and said Acting Mayor and City Clerk , acknowledged said instrument to be the free act and of said City. Iliset � Igq.a" ✓ Jb� MJ R. SRf�b /p, . 1110 iN S P 1 :•,,tom T WAS1 E) c" i1Til�i iJJ C tt J _N I D?�,FTS_ s �p6 _4+. �Q . eta 3883 LIR/0 et) fp.�.g i ,-� _ __ _,_.�. 11 X.Co Gi.- i r ; LI 41J 'ql c. YS ii r...! Q \V L Un. to C -I na 14 .. Cao/s 4 E—a:.:.:,. "' ei 1 i Z . h iB � IC ti • .1 I Na delinquent taxes and transfer entered DEPARTMENT OF PROPERTY TAXATION HENNEPIN COUNTY MINN OEC a 1983 flY K certificate doe►nq ramp re- newer mei k mer not Do ovaea[aea eer me cur year C -- -- u iu u L.J - — F- o 6,I ", O 40.14 .. A' a .' 143.79 .,:o•3.05 N6 151.92 . � 9 34.28 2q .W AA:5i ...-::-..i- . . . . . . +". ,4 \ 2'*,• 14a0 , N • \ N 2 \\ til (15) , \\s �� : (13) \�‘Z....2„, +�5, 1` v v \ 0 r- ti \*. co ...ii o0 CC: Ili cn- \\ 37 0 : Mrfor \ , 10* . \ -- -- ._.. Ti- 1_ ,-AS' •,:- .1. (10) Ln 1.--. \"3�• .6 )1b, ,, fi) 8= 2. - . ILLO 4) s (5) r- (7, , Nektli17 t.)'. 1 L/LI a) , '• '' r��" (6) •• - . CD ' /S 'g'ir.,:. ... 4 i 11A 144 '' JP . ,To M t4 0 of ORONO City CITY RESOLUTION OF THE CITY COUNCIL OF NO. 2674 ORONO A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.41, SUBDIVISION 5, SECTION 10.41, SUBDIVISION 7 (A) 3, SECTION 10.41, SUBDIVISION 9 (B) , SECTION 10.41, SUBDIVISION 10 (D) AND SECTION 10.41, SUBDIVISION 10 (C) FILE #1424 WHEREAS, James P. Rivers of Windward Marine, Inc. , (hereinafter "the applicant") is the owner of the property located at 1444 Shoreline Drive within the City of Orono (hereinafter "City") and legally described as follows: Exhibit A, attached (hereinafter "the property") ; and WHEREAS, on October 5, 1988 , the City approved a commercial site plan and multiple zoning variances for the major upgrading of the commerial marina involving improvement on both the Tanager Lake and Brown' s Bay sides of the lake. The applicant has completed the proposed improvements on the Brown's Bay side and has filed a revised commercial site plan and a variance application seeking multiple variances for the relocation and construction of the commercial building on the Tanager Lake side that would require the following variances: A) Section 10 . 41 , Subdivision 5 - Required parking stalls. Required = 77 stalls Existing = 76 stalls Proposed = 73 stalls Variance = 4 stalls or . 05% (Parking area separated by public roadway - Tanager Lake side = 47 stalls; Brown's Bay side = 26) B) Section 10.41, Subdivision 7 (A) 3 - Variances sought to the required 10 ' landscaping buffer adjacent to roadway. Required = 50 ' (maximum allowed break in landscaping for access purposes ) Proposed = 60 ' Variance = 10 ' or 20% Page 1 of 7 City of ORONO CITY RESOLUTION OF THE CITY COUNCIL OF NO, 2674 ORONO C) Section 10 . 41 , Subdivision 9 ( B ) - Lakeshore setback required for commercial structure. Required = 75 ' Existing = 55 ' Proposed = 29 ' Variance = 46 ' or 39% Required side yard setback for commercial structure. Required = 10 ' Existing = 14 ' Proposed = 5 ' ( south side yard - adjacent to commercial zone) Variance = 5 ' or 50% D) Section 10.41, Subdivision 10 (D) - Hardcover variance is required for new construction. Tanager Lake Side: 0-75 ' Setback Area = 9 ,000 square feet Allowed = 0 ' Existing = 8 ,720 square feet or 96. 8% Proposed = 6 , 076 square feet or 67% (Application #1263 - hardcover proposed at 6,376 s.f. or 70%) 75-250 ' Setback Area = 9, 700 square feet Allowed = 25% Existing = 9 , 700 square feet or 100% Proposed = 8, 810 square feet or 90% (Application #1263 - hardcover proposed at 9,110 s.f . or 94% ) Total reduction on Tanager Lake side of 3,534 square feet of hardcover (Application #1263 - total reduction in hardcover 2 , 934 s .f. ) . NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1424 . 2. The property is located in the B-2 Lakeshore Commercial Business District. 3. The Orono Planning Commission reviewed this application on June 17, 1989 , and recommended approval of the proposed variances and commercial site plan as proposed based upon the following findings: Page 2 of 7 City of ORONO CITY RESOLUTION OF THE CITY COUNCIL OF NO, 2674 ORONO A) The total hardcover removed as a result of these improvements will be 3 , 534 s.f . or 19%. B ) The removal of the two existing commercial structures and the replacement of just one structure at 4,500 s.f. as originally approved in Application #1263 will result in a less intense commercial use of this severely limited property. C) The amended proposal will provide far more green area than the original site plan approved with Application #1263 . D) The applicant has proposed better treatment of drainage and run-off with the amended proposal. E) The amended proposal provides the removal of 600 s.f. of additional hardcover than was required to be removed with original land use application #1263. F) The property has sustained a marina use for over 25 years. 4 . The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variances on the health, safety and welfare of the community. 5. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variances would not adversely affect traffic conditions, light , air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. Page 3 of 7 City of ORONO CITY RESOLUTION OF THE CITY COUNCIL OF NO. 2674 ORONO CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the findings noted above, the Orono City Council hereby grants approval of the above referenced variances to permit the relocation and construction of a commercial structure of 4,500 square feet at the property known as Windward Marine, Inc., and in addition, grants approval of the commercial site plan based on plans drawn by Rutledge Construction, Job #J 8060 , revised date 6/14/89, subject to the following conditions: 1. Prior to issuing a building permit for the commercial structure and/or issuing a demolition permit for the razing of the existing structure, the following must be completed by the applicant: a) Approval by the City Engineer of final grading and drainage plans for the relocated parking area. b) Applicant shall submit a Developer's Agreement with a Letter of Credit written at 150% of the cost of the required improvements to ensure the completion of the landscaping and site improvements required by the City as a result of the upgrading of this property. 2. All green-space areas to be planted or restored per site plan by Rutledge Construction, Inc. , revised date 8/3/89 - entitled "Drainage Plan". This area includes the 5' buffer along the north and south lot lines adjacent to the residential and commercial properties, the former boat launch area in the southwest corner of the property. 3. Payment of two SAC units at $1, 100.00 ( $550.00 per current unit charge) with the building permit for the construction of the commercial structure. 4. The 4, 500 square foot commercial structure must be provided with an automatic sprinkler system per State Building Code, Appendix E. 5. Appropriate soil erosion control program shall be maintained through the entire project and until permanent erosion control is in effect. 6. Applicant shall provide six "year-round" parking stalls within the proposed parking area to ensure adequate customer parking space during winter boat storage months. Page 4 of 7 City of ORONO .�. CITY RESOLUTION OF THE CITY COUNCIL OF NO. 2674 ORONO 7. The Hennepin Department of Public Works has approved the relocation of the curb cut, subject to the following conditions: a) New entrance to be defined by bituminous curbing. b) Existing entrance should be saw-cut or curbed 6-10' from the edge strip from County Road 15. c) New driveway to be between 28-36' wide with 20' radii and shaped to maintain existing drainage pattern. d) An engineer's drawing reflecting these requirements should accompany the permit application to the County. 8. Authorities granted by this resolution run with the property not with the applicant, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval , or this variance will expire on that date (August 14, 1990). 9. Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 10 . The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Page 5 of 7 A City of ORONO CITY RESOLUTION OF THE CITY COUNCIL OF NO. 2674 ORONO Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 14th day of August, 1989. AT : ST: Dorooth irk Hal • , City Clerk-- Jame- R. Grabek, Mayor r L 14. 44.1.16, - iele!..44,.... Property ow ,"er(s) / STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 14th day of August, 1989, by James R. Grabek & Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. c �G(,(1;.1� k \ )0, - D ,, No ary Public /t1. ' LAURIE K. SCHEFFLER ,9, r NOTARY PUBLIC-MINNESOTA HENNEPIN COUNTY �'; My commission expires A-3.93 SCA My Commission Expires Page 6 of 7 • Re so iuti.on 2 6 7 EXHIBIT A • That part of Government Lot 1. Section 11, Township 117, Range 23, described as follows: Commencing at the meander corner on the North line of said Government Lot 1; thence South 10 degrees East (assuming the North line of said Government Lot 1 as bearing East and West) a distance of 647.23 feet to a point hereinafter referred to as "point A"; tnence continuing South 10 degrees East a distance of 117.55 feet to the actual er Lake: tearingtSoutnbeginning; ceoreestnence 18Soutn minutes Westfromsaidminutes "pointWest A"; thencenlortnline 67 degreeso18 minutes,East nce to tnersnorealong ineaof Lakesnore line to a Minnetonka.line thence.Southerly along the snore line of Lake Minnetonka to a line tearing North 67 degrees 18 minutes East from the actual point of beginning; thence South 67 degrees 48 minutes West to the actual point of beginning; which lies Northwesterly of a line drawn parallel with and 65 feet Southeasterly from the Northwesterly line ana its extensions of the aoove desC^tea tract, according to the Government Survey tnereof, That part of eoverrment Lot 1, Section 11, Township 117, Range 23. described as follows: Cbmnenc:ng at the meanoer corner an the North line of sale Government Lot 1; thence South 10 degrees East (assuming the North line of said Government Lot 1 as bearing East ana West) a distance of 647.23 feet to a point hereinafter referred to as "point A"; thence continuing South 10 cegrees East a distance of 117.65 feet to :ne actual taint of beginning; thence South 67 oegrees 48 minutes West to the snore line of Tanager Lake: tnence Northerly along said snore line to a line Dearing Soutn 67 degrees 18 minutes West from said "point A"; thence North 67 degrees 18 minutes East to the snore line or Lake Minnetonka; thence Soutneriy along the shore line of Lake Minnetonka to a line bearing North 67 degrees 18 minutes East from-the actual point of beginning; thence South 67 cegrees 18 minutes West to the actual point of beginning; except that cart of tie aoove oescribed tract which lies Nortnwesterly of a line Oram parallel with ana 65 feet Southeasterly from the Northwesterly line ana its extensions of the aoove aescrloed tract, according to the dovernment Survey thereof, That part of Government Lot 1, Section 11, Township 117, Rance 23. described as commencing at the meander corner on the North line of said Gov- ernment Lot 1; thence South 10 degrees East (assuming tae North line of said Government Lot 1 as tearing East ana West) a distance of 764.88 feet to the actual ;dint of beginning; tnence North 67 decrees 48 minutes East to the snore of Lake Minnetonka: thence Southeasterly along said snore to its intersection with a line bearing North 67 degrees 18 minutes East from a point wn1cn is on a line bearing South 10 degrees East and distant 61.39 feet from t.^.e actual point of beginning; thence South 67 aearees 1e minutes West to the snore of Tanager Lake (formerly ".0 Lake): thence Nartnwesteriy along the snore of Tanager Lake to its intersection with a line Dearing South 67 degrees 18 minutes West from actual point of beginning; thence North 67 aegrees 48 minutes East to the actual point of beginning, according to the Government Survey thereof, e ov- rnt part of Government Lot 1 Section 11, Township 117, Range 23 described as ccemencing at the meander corner on thNOrtM line6offsasaid t tG t-e (assuming the North line of said Government Lot 1 as Dearing East) a distancedegrees 48 min- utes intno Lot i; ingnof South 10 tegrees Eastr (ass g point of beginning of the land to De describes: tnence continuing Soucn 10 degrees East•a distance of 61.34 feet; tnence North 67 deg said re de- grees minutes Easteflraeeaf Lake t.e pointMofnetonka; tnence beginning; tnence Soyuttht671decrees 4i minutes s West to t.a point to tne s oftion with a line beginning, accoroingtto the Govern- ment overn ment Survey thereof, That part of Government Lot 1, Section 11, Township 117, Range 23 described as commencing at to meander corner on the North line of said Government Lot 1; thence South t0 degrees East (assuming the North line of said Government Lot 1 as bearing East and West) a distance of 826.27 feet to the actual point-of beginning; thence North 67 degrees 48 minutes East to the stvere of Lake Minnetonka; tnence Southeasteriy along said snore 60 feet, more or less, to an intersection with a line bearing north 67 decrees 18 minutes East from a point which is an a line bearing South 10 degrees East and distant 61.29 feet from the actual point of beginning; tnence South 67 degrees 18 minutes WVSt to the snore of Tanager Lake (formerly Mud Lake); tnence Northwesterly along the snore of Tanager Lake to an intersection with a line searing South 67 decrees e.8 minutes West from the actual point of beginning; thence North 67 degrees 48 minutes East to t..e actual point of beginning, according to the Government Survey tnereaf, • • • • ., a. ,. City of ORONO CITY RESOLUTION OF THE CITY COUNCIL Of NO. 2674 ORON!C STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) On this /4/ day of ` ` e,yr, 1� , 198 before me a Notary Public within and for said county, personally appeared j0..yti...p5 P- 2i dS known to me to be the person( s ) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PU:_ ThERE L. NAAB NO{/ •MINNESOTA HEN1ao sn oN MND 2 MY COMMISSION EXPIRES STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) 41 On this Uday oft , 198 , before me Notary Public within and for laid County, personally appeared 14 p�'�J.o 1vS known to me to be the persons) described in and who executed the foregoing instrument, and acknowledged that he (they ) executed the same as his (their) free act and deed. - /U2(1,02Z_ , ALLY THERESA L»M,NNA�sBoTA NO ARY PUBLIC a'3111A:' NOTARY PUBLIC 4. .":.,-n- HENNEPINotpires 92 MY °O MY COMMISSION EXPIRES Page 7 of 7 r ....- . . • • . . ' • .. • . ! - • , • • . • • • ' • . lu•.-.; • - . • •••• . • • • . •. - _,__ _ ..., .....„_,-, ‘,.... • • - . . , _- ---......-------___ -. • •- . . • . - . . • - -:. - . -' ''-o'retiirt4111-'-'‘'..• . . - • .:,.• _ • • . .• _____ . . .. • . .. • t ... . 4- 0:7:......„ . .. . . . . . ,, .• . CIA .>F.-. .. , ' • • . 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V:,-.F.- ../11- • i . 1- - l' . •' .1'. -` .. --' - ; -'" • ,.* • • NA - 2:4-:-., 7 • 41 ..i.--) 1.) -V - - Iifit• ' - ..: 1 ..?°._ - , ,...-, it:., - • 11 ;..- . . 4t1 1.:1,../ • ... 1,0 . ,_ vili,__it I:Te ` 1 0 ,'„i,,,, --.--....,-4, . - -..__ , ,_-------,--, _,_ -__,- -_ , „„7,,3.4 914/i'j ,. \.:T k •lij;Art-07 : -\\ TV - , l' s41 '0.°41-114-0 • • ' 1111103t..•_" .. • a. . . / . . or--.•-.7--- -• -4 I/..." 4t • 4 !.., ''• - t . i .../. • 4 e $ I A'1 . . •. 1 .0 ,- , 4r . /.7." e .. • • • ... • • ; • . —Z <-------- ' ---- . . , . . • • . . . . . • . • 1444 Shoreline n `�� RECEIVED (7\4\PS\00)1\ \v , MAY 2 9 701 W:61\1‘:) ?° CITY\(\\\A , OF ORONO CITY OF ORONO 1111111111LI �, \ et Address: Mailing Address: Telephone(952)249-4600 G: 2350 Kelley Parkway P.O.Box 66 Pax(952)249-4616 spOrono,MN 55356 Crystal Say,MN 55323 www.cLorono.mn.us Fsxo� Property Complaint Form Date: '1 -3 S — t 1 cc- 3-f?P,-N S��l Address or location of Complaint: 1 41- 32_ Description of Complaint (Be specific, but avoid providing details that identify yourself): P_.G S I r L A126 G vt3S T�21.t Ll) Hc.---0 SPF -'t4' %NA- - r- kC_..(rv+ l5 S t--t_ . 5 ITS .. RSH le.e i t,L 31-1-69-1-- 1-1-A Nis—A/-42— Nil-0 VEL. D a-1-12_Pie F-,f 0 v tom= A-T-1-4-(2-14-L- 5Lk2.2ch.c N rva-y For Office Use Only: PIN (if no address): Staff: Date Received: Violation Present? Yes; City Code Reference: or No/Unfounded - Describe: Identity information of individuals registering complaints is classified as confidential. Printed name of complainant Phone Number Printed address of complainant (. � y v� n 2 5� e Q Signature of complainant e-mail address Reset Form Submit Form via Email Failure to include your contact information may invalidate this complaint. The City does not provide updates or detailed information regarding open violation files;you may contact our office to inquire about the status of your complaint. EOF Investments, d.b.a. Browns Bay Marina 1444 Shoreline Drive Orono, MN 55391 Orono City Hall City Council 2750 Kelley Parkway Orono, MN 55356 May 22, 2018 Dear Mr. Mayor and Orono City Council Representatives, , It was recently brought to our attention that our property has come up for discussion at the past few City Council meetings on April 23rd and May 14th, 2018 regarding our application for a rental license(s) at 1440 and 1442 Shoreline Drive. It was very disappointing to hear that our property was singled out for discussion at the April 23rd meeting rather than being licensed as part of the consent agenda along with every other property up for licensing. It was even more disappointing to find out that our property was made an individual line item on the Agenda for the May 14th meeting, and we were not even notified or made aware of this fact. Had we been notified we would have made an effort to attend. We have reviewed the video of these past two Council meetings and would like to offer the following in rebuttal, first to clear up some history about the property and secondly to correct some inaccuracies on a line item basis. Your Boat Club has operated at the site since 2011. At that time,the City of Orono informed us that there was a city ordinance that was passed back in the 1980's that required a "Boat Club" to obtain a Conditional Use Permit(CUP)to operate within the City of Orono. We applied for and ultimately obtained a CUP, but there was some discussion by the Council around whether or not a Boat Club would consume more parking. We felt strongly and argued that a boat in a slip is a boat in a slip and it does not consume more parking regardless of whether it is a boat for a private tenant or a rental "club" boat. We still feel this argument is self-evident. But the Council decided to be prudent and approve the CUP along with a restriction limiting us to 20 Club Boats, while acknowledging that there is no restriction limiting us to the number of rental boats that could operate on the property. There has been some recent discussion by the Council regarding this restriction with references to us being limited to 20 slips. [We want to make it crystal clear to the Council that we are restricted to having 20 Club Boats in use, not 20 slips]. We are not restricted to the number of rental boats we can operate, and we have always abided by the terms of our CUP. There has been some talk at the past few meetings about how much parking is required at the site and how many slips are present. With regards to marinas,the City of Orono requires 6 parking spaces for every 10 boat slips. So our marina -which hasC8lslips- is required to have 59 parking spots. Th or l(►P7, 6 ' riserpt✓'f" vtu re, itum 20 slips w4., be ci&ve pd 40 -Loot c/.j aces 2. '►7 5 Q5 3 Otter u r�gd�r� 0400. yew." existing site plan from 1989 has 74 parking spots, although we submitted a detail to the City back in 2011 which demonstrated there are actually 81 parking spots at the site. But in any case, our parking is well in excess of the requirement of 59 larking spots. Please also note that we own or manage multiple marinas in multiple municipalities, and the City of Orono has the strictest parking requirements anywhere that we are aware of. The City of White Bear Lake, for example, requires 1 parking spot for every 4 boat slips. So if our marina was in White Bear Lake we would only be required to have 25 parking spots at this marina. Nonetheless we acknowledge that our marina, like all marinas, can be a busy place on the weekends and holidays. This is exactly why we employee two parking attendants every day to valet and assist with parking for our customers. We also place strict vehicle limitations upon our guests and direct them to park in the lots nearest to where they will be departing for boating. There are still times where marina guests need to cross the road. There is also another marina right next to us with boats slips on both sides of the road and they only have parking on one side. So many of their guests need to cross the road. This is a very busy road, and it can be very dangerous. We are well aware of this and we brought this to the attention of the City back in 2013. We asked for guidance and requested that an additional crosswalk be installed on the site. Mike Gaffron at the City referred us to the County. We then took it upon ourselves to petition the County for 18 months before they finally agreed to install the crosswalk that is now on the site. We have a vested interest in doing whatever we can to ensure public safety at our site. We acknowledge there are times when delivery drivers or boat customers at our marina or the neighboring marina park along the shoulder of the road regardless of how many times they are told not to do that. We are open to suggestions from the City about how to mitigate this. Perhaps more, or larger No Parking signs or traffic cones could be placed? But in any case, we take great offense at the mischaracterization or suggestion that we are not concerned about public safety at our site. We would also like to point out that back in 2013 the City of Orono requested that we install an underground fuel tank and dispenser for fueling rather than using a tanker truck or portable cans. The Council, and in particular the Mayor at the time, felt this was in the best interest of ensuring public safety at our site. Although not mandated to do so by our CUP, we agreed to this request and spent in excess of$150,000 of our own money to comply. We did not own the property back in 2011 when we first started operating. The property had actually been neglected by the prior owner and had went into foreclosure. Nonetheless, we spent as much time and money to clean up the property as could reasonably be expected by any tenant. We purchased the property in 2013 and began a full scale to effort to clean it up. We immediately made significant improvements to the landscaping. The City had always communicated to us that they would ultimately like to see the blighted homes at 1440 and 1442 Shoreline Drive cleaned up. We consulted with the City Staff and we all agreed that the property would probably work better overall as a marina if the two lots that were currently zoned residential were rezoned commercial so that the homes could be knocked down and more parking could be installed along with stronger privacy fence and buffer to the north abutting our residential neighbor, Mr. Matthew Johnson at 1432 Shoreline Drive. We did attempt to work with Mr.Johnson to come up with a plan that would be acceptable to him during this process, but we found Mr.Johnson extremely difficult to work with and quite frankly wholly unreasonable. The only plan he would agree to was that we demo the house at 1440 Shoreline and make the entire parcel (. tHP occt a(),evvies4,1 L 0 i) (lgcr✓rvuoi) 7(9. a green space buffer rather than to add additional parking. This is an extremely unreasonable request (just go knock on your neighbor's door and ask them if they would mind knocking down their house and put a lot sized park there instead because it would be nice for them). Nonetheless, we continued to work diligently with City Staff and the Planning Commission to ultimately come up with a very reasonable plan that also made allowances to mitigate the impact our business would have on our residential neighbor. The Planning Commission recommended approval of our plan to the City Council. But Mr.Johnson showed up at every meeting and vehemently protested our plan by completely mischaracterizing the nature of the activity that occurs at our site. He found sympathy with at least some members of the Council and we were informed that we would not receive the support we needed for our request unless we maintained a residential buffer between our property and Mr.Johnson's. We have talked with Mr.Johnson numerous times since then about how we can work together to mutually coexist. Unfortunately we are at an impasse. Mr.Johnson simply refuses to work with us. Instead he resorts to calling in frequent, frivolous complaints about our property that waste valuable City time and resources. He harasses our customers and photographs them without permission. He has even installed two cameras that film our property non-stop. This is a clear violation of the law per MN Statue 609.746—"Surreptitious intrusion; observation device.A. a person is guilty of a gross misdemeanor who: B(2) surreptitiously installs or uses any device for observing, photographing, recording, amplifying, or broadcasting sounds or events through a window or any other aperture of a hour or place of dwelling of another." Mr. Johnson also appears before the Council and misstates the facts and/or mischaracterizes the activity on our property in an effort to deprive of us of our constitutional right to the full use of our property. We would ask that the City of Orono remind Mr.Johnson that making false or misleading statements to public officials is illegal and could be construed as slander. The fact is this Mr.Johnson bought a residential property next to a commercial marina. He paid less for his home because of this. The marina was there well before he purchased his property. He simply cannot continue to complain anytime he sees commercial activity at the site. Until he understands and acknowledges this we don't know how to move forward. We would also like to point out that Mr. Johnson receives a double density allowance from the Lake Minnetonka Conservation District for being next to a commercial marina, this allows him more dockage and slip space and he takes full advantage of it. We would like to resolve our differences with Mr.Johnson once and for all and are asking the City of Orono for guidance. We would welcome an opportunity to sit down with Mr.Johnson, City Staff, and City Council Members to come up with reasonable solutions. We are absolutely positive that the City will see for itself who is being reasonable and who is not. We all have a mutual interest in making this work so we can quit wasting valuable time and resources. In the meantime, we have continued to be good stewards of our property and make significant improvements. We have recently made a significant investment in the homes at 1440 and 1442 Shoreline Drive to clean up these formerly blighted properties, which is something the City of Orono has always wanted. It cannot possibly be argued that they don't meet all the requirements for rental licensing, including adequate parking, and we ask that the City of Orono grant us our license requests immediately upon its next meeting. In addition, please note the below as line items as rebuttals or clarifications for discussion points that have come up at the past two City Council Meetings for which we were not in attendance. April 23rd Meeting Item 5—Approval of Rental Licenses 49 Minute Mark:to clarify, 1442 Shoreline drive has been rented for years. 1440 has always been vacant since we have owned the property. 50 Minute Mark: we had nothing to do with the accident that happened and aren't even aware there was one. The activity at our property cannot be blamed or even associated with every incident that occurs on the road. 50 Minute Mark: Mr.Johnson stated that we craned boats over Shoreline Drive as traffic was flowing. We did not crane boats over Shoreline Drive. Due to the late ice out, in April we had a licensed crane operator that we contracted with to assist with moving boats into the open water in the marina. This activity was entirely contained within our property on that side of the road. 53 Minute Mark: Council Woman Seals asks what number of parking spots have to be allocated to Your Boat Club. We are not obligated to allocate parking spots to the boat club, much like we don't allocate a specific parking spot to a specific marina tenant. We have to comply with the City of Orono's parking requirement of providing 6 parking spots for every 10 slips, meaning we have to have 59 parking spots for our 98 slips. As previously stated, we are well in excess of that even if you allow for two additional parking spots for the new rental home at 1440 Shoreline Drive (1442 Shoreline Drive has been rented for years and technically would not consume any more parking spots than it has in years past). 54 Minute Mark: We do have a Cross Walk. We would again like to point out that the Cross Walk is there because we took it upon ourselves to petition the County to install it. 56 Minute Mark: Mr.Johnson insinuates that we did not pull proper permits for our remodeling project. We hired a licensed contractor to do this remodeling project, in fact the same contractor who Mr.Johnson hired to do the remodeling project on his own home. The contractor was responsible for pulling all proper permits and to our knowledge all of this was completed in a timely fashion. We object to the mischaracterizations or suggestions that have been made that we intentionally did anything improper. May 14th Meeting 11 Minute Mark: Mr.Johnson reported that there were sirens going off during a late night delivery for River Valley Power Sports. We have no idea what he is referring to. 57 Minute Mark: Council Woman Seals asks if the parking plan that was approved in 1989 was approved for the number of slips that are present at the marina today and asks for clarification about the number of slips that are present. Mr. Barnhart informs her that there are 97 slips at the marina. There are actually 97 boat slips and one jet ski slip currently approved by the LMCD, so we call it 98 slips.L. When the marina and parking plan were originally approved back in 1989 the marina actually had 105 slips. The marina docks were then reconfigured in 2005 and again in 2017, during which 8 boat slips 1, IMA.e ytce., rpi 7 4 loci!u� o( q6 were eliminated. So the marina in its current state has fewer boat slips than it did back in 1989. In no way shape or form have any slips been added. 59 Minute Mark: Council Woman Seals indicates that the two new rental licenses will take up an additional 4 parking spots. We would again like to point out that 1442 Shoreline Drive has been rented out for years. We are applying for new rental license for this address simply because it is a new City Ordinance, but this is not a new rental. 1:14 Minute Mark:there is a question about a tree that was on the site plan in 1989 that is not there now and the council is wondering if it was ever there. We don't know the answer to that. In any case the tree on the plan did not abut Mr.Johnson's property. It abuts our own residential property. 1:19 Minute Mark: Mr.Johnson states that if we are allocating 4 parking spots to the rental properties then we should lose a boat slip or two. As previously stated, even if allowing for additional parking spots for the new rental at 1440 Shoreline Drive we are well in excess of the 59 spots required for the 98 slips at the marina. 1:23 Minute Mark: Mr.Johnson states that we have been violating our CUP for years by running more boats than allowed. This is flatly untrue. 1:24 Minute Mark: Mr. Johnson states we are horrible neighbors. We don't know how to respond to this. We do everything within our power to minimize the impact our business has on Mr.Johnson and his property. Again, Mr.Johnson chose to buy a residential property next to a commercial marina. He needs to realize that. The former owner of his residence at 1432 Shoreline Drive had no objections to our use of the property. We actually got along really well and even mowed his lawn. If Mr.Johnson would be reasonable to work with he would find us to be very reasonable to work with as well. 1:25 Minute Mark: Mr. Johnson says the parking lot has gotten bigger and bigger. This is flatly untrue. The parking lot has not change at all. 1:26 Minute Mark: Mayor Walsh states that he would like to take a look at what we can do to make the road safer. We completely agree. We are open to larger and more No Parking signs. We could put cones out. We are willing to do our part. The simple fact is customers pulling boats are going to stop and ask where to go even when specifically told not to do that. It's also a dangerous part of the road irrespective of the use of our property, and it is not proper to characterize every accident or parking violation that occurs as being directly the result of the use of our property. For example there was an accident there last year when a young driver hit a light pole because they were texting on their phone, and this was mischaracterized by Mr.Johnson as having something to do with the use of our property. We simply are not responsible for everything that occurs on the road. We do have vested interest and are willing to do whatever we can ensure public safety. We are looking for guidance from the City of Orono. 1:31 Minute Mark: Mr.Johnson calls us bad stewards. We completely disagree. This property was neglected, in foreclosure and run down with blighted houses before we purchased it and cleaned it up. 1:34 Minute Mark: Mr.Johnson states that River Valley is one of the top 100 boat dealers in the country and all of this business is coming out of this site. This is a complete mischaracterization of River Valley. It is true that they are a large boat dealer, but they have 3 locations which account for their sales and national ranking of which Minnetonka is only one and the smallest with by far the lowest volume. They have two huge super stores in Red Wing and Rochester which account for the majority of their sales. Mr.Johnson also has supplied the Council with photos of the River Valley parking lot which he chose to take at the worst possible time-during early Spring right after ice out when every customer wants to come and pick up their boat. Here is current photo of the lot that was taken yesterday morning. •.,;.,"4-, - 1,),. N is � � Si (� y tS P pp d 1 awn t a y l ry Regards, Mi•chael Jellish, Luke Kujawa,John Wooden EOF Investments. Cc: Matthew Johnson MN 55391 1432 Shoreline Drive, Orono, lo State of Minnesota District Court County of Hennepin 4th Judicial District Prosecutor File No. 18006090 Court File No. State of Minnesota, COMPLAINT Plaintiff, Summons vs. MIKEL D MILLER DOB: 02/01/1958 741 Gunderson Oak Park, IL 40404-0404 Defendant. The Complainant submits this complaint to the Court and states that there is probable cause to believe Defendant committed the following offense(s): COUNT I Charge: Business Hours Operation Violation Local Code: 78-671(5) Maximum Sentence: Offense Level: Misdemeanor Offense Date (on or about): 06/12/2018 Control #(ICR#): 18006090 Charge Description: Defendant made a delivery of boats to be stored on a premises outside of the 7:00 a.m. to 10:00 p.m. hours of operation and without having first obtained permission by the council. 1 STATEMENT OF PROBABLE CAUSE Your complainant is a police officer for the Orono Police Department. In that capacity, your complainant has read the police report of Orono Police Officer Jay McCoy and believes the following to be true: On June 12, 2018, at approximately 10:50 p.m., Officer McCoy responded to a disturbance at 1440 Shoreline Drive in the City of Orono, Hennepin County. Officer McCoy arrived and found a flatbed truck with a boat on the flatbed. The truck belonged to River Valley Boats. Officer McCoy made contact with the driver of the truck and identified him as Mikel D Miller, DOB: 02/01/58, the defendant herein. Mr. Miller stated that he works for River Valley Boats and that he had just gotten done unhooking a boat trailer from the truck. Mr. Miller stated that his boss from River Valley Boats told him he could deliver boats to 1440 Shoreline Drive once in a while. Officer McCoy informed Mr. Miller that the city ordinance prohibits boat delivery at night and that he needed to talk to his boss about delivering boats at night to ensure they are following the city ordinance. 2 SIGNATURES AND APPROVALS Complainant requests that Defendant, subject to bail or conditions of release, be: (1) arrested or that other lawful steps be taken to obtain Defendant's appearance in court; or (2) detained, if already in custody, pending further proceedings; and that said Defendant otherwise be dealt with according to law. Complainant declares under penalty of perjury that everything stated in this document is true and correct. Minn. Stat. § 358.116; Minn. R. Crim. P. 2.01, subds. 1, 2. Complainant Chad Stensrud Electronically Signed: Police Officer 06/18/2018 01 :38 PM 2730 Kelley Parkway Hennepin County, Minnesota Orono, MN 55356 Badge: 509 Being authorized to prosecute the offenses charged, I approve this complaint. Prosecuting Attorney Steven M. Tallen Electronically Signed: Prosecuting Attorney 06/18/2018 01 :13 PM 920 2nd Ave S Avenue Suite 1540 Minneapolis, MN 55345 (612) 349-3900 3 /1 BOLTON Client Page Of 1 & M E N K Project No. Date By Real People.Real Solutions. Project • Task 1 tiCa (Gi)✓K (rut I 7/z3/81 l Zcol r Z� gig/ 3 05Z ATF- Uvai/44re toL (5it D'CL, 1k 1 sYs z6/ z 3 t Zr 6" r r� 6 R420%000 /�:004=k) 71Z8/1 %7 3q.e3 (lYiraLire J17,617v,evic( a ye - F . A ,2f .1(' / o -) fd V ° 1 ► t �f, 38 gam, za vuovv apt bial' X10 '7I(c-,4 4 • Below is a list of the terms and conditions that still exist against the property at 1444 Shoreline 4 9�„_ Drive. �` Terms and Conditions that still exist against the property at 1444 Shoreline Drive: tY / s1,P • 1. (b) Site plans to be amended to include a green area south of the crane location on Tanager lake shoreline. (Resolution No. 2442) j`7 • Site Plans drawn by Rutledge Construction, Job#J 8060, revised date 6/14/89 ��// (Resolution No. 2674) /` PJ( • 1. Prior to issuing a building permit for the commercial structure and/or issuing a er demolition permit for the razing of the existing structure,the following must be oompleted by the applicant o a) Approval by the City Engineer of final grading and drainage plans for the relocated parking area. o b) applicant shall submit a Developer's Agreement with a Letter of Credit written at 150%of the cost of the required improvements to ensure the completion of the landscaping and site improvements required by the City as a result of the upgrading of this property(Resolution No. 2674) (Q r • 2. All green-space areas to be planted or restored per site plan by Rutledge Construction, `�!�/e -1 • Inc.,revised date 8/3/89—entitled"Drainage Plan". This area includes the 5' buffer along the north and south lot lines adjacent to the residential and commercial properties,the Q� former boat launch area in the southwest corner of the property. (Resolution No. 2674) �t • 4. The 4,500 square foot commercial structure must be provided with an automatic sprinkler system per State Building Code, Appendix E. (Resolution No. 2674) • 5. Appropriate soil erosion control program shall be maintained through the entire project and until permanent erosion control is in effect. (Resolution No. 2674) tit • 6. Applicant shall provide six"year-round"parking stalls within the proposed parking area to ensure adequate cu tome parkin ace during winter boatistorage months. (Resolution No. 2674) (o'a Vi/jar bJ t(a ral ]� • 7. The Hennepin Department of Public Works has approved the relocation of the curb L-1 cut, subject to the following conditions: i' a)New entrance to be defined by bituminous curbing. Rf r I i l S o b) Existing entrance saw-cut or curbed 6'-10' from the edge strip of County Road �- 15 ' Vii;P° o c)New driveway to be between 28'-36' wide with 20' radii and shaped to p�f aintain existing drainage pattern C� �1 f ioI4 An engineer's drawing reflecting these requirements should accompany tl e & to'l, permit application to the County(Resolution No. 2674) ' 0 v f ha JN c&f 7 °k Q f Y I rrat f, to 197993v1 1 • 2. Operator(s) of the marina and boat club shall endeavor to have customer parking occur on the same side of Shoreline Drive as the boat being accessed,to avoid pedestrian crossing of Shoreline Drive. (Resolution No. 6037) 0I VI pu P 0/cea J • 3. No more than 20 slips may be devoted to boat club use. An amendment of this conditional use permit wil1,e required in order to exceed this number. (Resolution No. 6037) Peed a '19f © 15'75 / I2e (°(Ma(' 4?1 • 4. Applicant and owner are advised that the only allowed commercial use of the✓ residential property west of Shoreline Drive is for parking, and that the residence buildings on the residential property may not be used for commercial purposes. (Resolution No. 6037) • 5. The original approvals for redevelopment of this site in 1989 required establishment of rock beds at the lakeward end of the two main parking areas for trapping sediment and debris from the site. The property owner shall be clean out and rebuild as necessary to continue their effectiveness. (Resolution No. 6037) • 6. Handicap parking stall signage and/or markings shall be re-estal$shed in apprppriate i location within the paved parking area. (Resolution No. 6037) Q \IPWP41 V j /Q! i4) / • 7. Signage for the various uses will continue to be limited to that allowed by city code for a commercial site. (Resolution No. 6037) Oa vgro,r a P{,,. • 8. The property owner shall ensure that lighting on land and on the docks is shielded to avoid future conceynsofnqighboring property owners. (Resolution No. 6037) Fr • 1. Parking for Marina Use shall include 26 stalls located on residential property�d, on 15( , the commercial property. (Commercial Parking Contract, 2011) ,�N 46 0,4 7, • 2. Residential property owner will make available 26 parking stalls within the residential property for marina use. (Commercial Parking Contract, 2011) t_ //• 3. Residential property owner and commercial property owner shall not extinguish this contract without authorization by resolution of the Orono City Council. (Commercial Parking Contract, 2011) • 2) If any subsequent owner shall become both the owner of the burdened parcel and the / benefited parcel,the interests of such owner, as conveyed by this declaration, shall not akt t merge. (First Amendment to Declaration of Dock Easement, 2013) 0te (6v,,, ,>(PEnd • 1. Applicants shall combine the southerly two tax parcels (0006 & 0007) and provide confirmation of an easem over parcel 0005 for the gas line leading to the dock. (Resolution No. 6369) 7 4/6 7 197993v1 liJ (t (u W Vo •g— • 7. The tank and appurtenances installation shall be in conformance with the site plan and installation plans attached to this resolution as Exhibit B. any changes in location or design from the approved plans may be subject to further city review. (Resolution No. 6369) 197993v1 • D - 2 i q 9 C 0 9 9 G p �pO� �� I \P� ` , yard' t, • »mx 6 0Nr`� S � cS� ��` vAl 0 . \ 9`yrte ' '• 9�` • ' I" ,Ite. •m \ rf'p � , 4 ;t o \ \\\ w . , 0 ® �' ® ® `R V: :c_I. , o Irf . ,--- C o ® ® •, �' o M �® � t t_111 \-.,, It. cA, • . t - ../.% i U . 0-'+' % p • - o ;1% • Dye , ® 4J ,,7 � ® • , r � t � •o a p /' o c13 _lv- � o D. I.-N T` XID rn. CUC!o Of qs - o Z DGS �. 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L- \--- N • --' '''' d f ' " 1 - -- -- 0 L-°tr . -). t• -• ' -,-' "...1' -5-% , 146.... -- • / . /' ..:---A.: . ir--• ..A---t-5"-- 1- --1 -.... , , .--- • „,--.'; f5iNi- „._-; -.;.-.....;--•--....--.......„: •-- -'--..,,,. .Y. . ....-- ... ......._ --',...- `/. --,-•-• , .,” /...--N ti -- ''''' ii \ c....:(.., — n \ tA .,...---.. ..- . , • ' •-../ - 'A ...' \, .'.'''' 'Xf \74., ..,. .., ...- ' \ `., 4 IZIA ......-.." • ... , ,. . .......- 1 \ __v.__,.........::,.....,' ....„/ .".,‘,., \k. \ -...,..,., \ \ ‘ .6, I. .--,- To: Ron Moorse, City Administrator Tom Barrett, City Attorney From: Michael P. Gaffron, Asst. Planning & Zoning Administrator Date: July 10, 1997 Subject: Enforcement of Marina CUP Requirements In January 1995 the City Council adopted Ordinance#132,Second Series,a major revision of the B-2 Lakeshore Business District standards. This ordinance included a significant redraft of the sections defining Permitted, Accessory and Conditional uses. The prior code listed the following allowed uses: Permitted Uses Accessory Uses Conditional Uses A. Repair/servicing of boats NONE DEFINED A. Sale of cigarettes B. Winter storage of boats B. Sale of 3.2 beer or set-ups C. Sale and rental of boats,motors, C. Sale of prepackaged foods fishing equipment and sale of fuel, boats,boat supplies,bait and marine items The 1995 code lists the following allowed uses: Permitted Uses Accessory Uses Conditional Uses A. Rental of in-water boat slips A. Signs A. Boat Clubs B. Sales of boats,motors,trailers and B. Head pumpout B. Public boat launching, marine accessories C. Fishing tournaments on-demand(dry-stack) C. Repair&servicing of boats D. Sale of prepackaged foods C. Public boat launching, D. On-land storage of boats,winter E. Dive shops transient and summer F. Clubhouse for use of slip or D. Charter boat port-of-call E. Marine fuel sales boat club customers E. Caretaker dwelling unit F. Bait and fishing tackle sales G. Lessons/teaching H. Rental of boats I. Sailboard sales/rental J. Ice boating sales/rental/ service&operations base K. Ice fishing tackle sales L. Cross country ski sales/rental At first glance,this code revision appears to have considerably broadened the scope of allowed uses for marinas in the B-2 district. Many uses previously not allowed(or perhaps more significantly,not addressed) now are specifically allowed. The problem is that 5 specific uses,some of which were occurring at some marinas prior to the 1995 Marina CUPs July 10, 1997 Page 2 ordinance,were defined as Conditional Uses by that ordinance,presumably requiring that a CUP be obtained in order for those uses to continue. Four of these five uses are conditioned on the provision of adequate parking. All of the uses are subject to demonstrated conformance with landscaping and screening requirements. Jim Dunn of Lakeside Marina and Ritchie Anderson of North Shore Marina have both told me that their respective attorneys advised them to not make formal CUP applications for uses which they have historically operated. The history of such uses is as follows: - In the case of North Shore Marina,the On-Demand Launching(Dry-stack)and Caretaker Dwelling Unit uses are well-documented as being in place prior to the 1995 ordinance. North Shore claims to be not operating the other 3 conditional uses. - Lakeside Marina is operating all five conditional uses to some extent. The documentation as to history of these uses is less clear: a. The extent of the boat club operation prior to 1995 is unknown,but it probably was advertised and operated to some degree. b. While no dry-stacking racks are at the site, on-demand boat launching of customer-owned boats stored on trailers at the site may have been occurring prior to 1995. c. The site has long had a ramp suitable for transient boaters to use, and Dunn advises he for many years has,if the marina has space available for car-trailer storage allowed launching for a fee, typically on weekends when the public accesses are full. d. The extent of charter boats picking up passengers at Lakeside is not documented in City records. Dunn claims it has been occurring for many years. e. Dunn indicates he has established an apartment for his own occasional use within the marina building, and he on occasion has stayed overnight for security purposes or when he is in town for only short stays. Both Dunn and Anderson claim their uses as noted above are 'grandfathered', i.e. that they were established prior to the 1995 ordinance and therefore are not subject to the CUP requirement. It was the clear intent of the City that these two marinas would be subject to the CUP requirements. It might be argued that Boat Clubs are merely a form of boat rental,and therefore that the boat club use was a permitted use prior to the 1995 ordinance. However,it is clear that the other four conditional uses were not specifically allowed in the code prior to 1995, and it might then be argued that those uses were not legal. It appears somewhat problematic that the City apparently took no specific action to eliminate or regulate those four uses prior to 1995. Marina CUPs July 10, 1997 Page 3 The issue of'grandfathering'is presenting a problem. Staff has requested that the City's prosecuting attorney determine how best to gain compliance of the two marinas who refuse to apply for CUP's. The prosecuting attorney has indicated to me verbally that in their opinion this matter should not be prosecuted criminally, for the following general reasons: 1. We would be citing the marinas for operating each of the conditional uses without the required CUP.The City prevailing in a criminal citation does not necessarily compel action,but merely results in a fine up to$700 and/or 90 days in jail. It is likely that either marina would plead not guilty and request a jury trial, which is their right. 2. In a criminal proceeding,the City bears the burden of proof The City would have to prove that the marinas are operating without the required CUPs. In the prosecuting attorney's opinion, it is likely that the marinas would argue they are grandfathered. If just one juror agrees that they should not be subject to the CUP requirement, the City would lose. 3. Apparently,in the prosecuting attorney's opinion,converting an existing use that is not identified in the old code,to a conditional use requiring specific approvals,is the same as converting a previously permitted use to a non-permitted use. This then becomes the typical case of'continuing a non-conforming use',which is difficult to eliminate unless there has been a one-year lapse in the use as well as an intent to let the use lapse. I am therefore asking that Mr. Barrett review this situation and assist me in determining a course of civil action to gain compliance(or,determine that the code is unenforceable and define strategies for changing it). The City's primary goal with marinas is to minimize their impact on the surrounding residential neighborhoods. A secondary goal that has perhaps become significantly less clearly defined over the last 20 years is to reduce the overall impact the marinas have on the lake environment. Our specific goals in gaining compliance with the CUP requirement include the following: a. Compliance merely for compliance's sake; i.e. the code requires it, one other marina which was required to comply did so, and all should be treated equally. b. Establishing a documented plan by which each of the marinas in question has defined how it will meet parking needs for the various uses, and which the City can use as a tool to ensure that parking doesn't become a problem. c. Establishing a landscaping/screening plan for each of the marinas in question,which can include maintenance of existing landscaping/screening and/or the addition over time of additional landscaping/screening. mpg • • • • • • • • • • • • • • • • Fn y • ,>,...2 142,..N., S. • • Pi • _I, m 17 r§) . it pnrb.`� �� f i. •� • " i`l A '•-- .�� r • ', • ..,.....--.. .....•.f. ..,......z_ : •P'(1 Sit ` +;,: ; , SMI öø —-I •,._, isi- `!..„ .� ..• •ii..-.4. .'.16i, . ‘f• • E.,/ .. .s. .1 •tia ..• 1. .,, .• , \____ ......,I ....... ....... n • • ' ic, _.ir.. l ' •� - `\ Cfj) �.'•�/ .,i�,y1;i�I�liY,tiil'r tlfrd lilt'''1UV�q1llll sr ,/ ,•. ...p . b `.." 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