HomeMy WebLinkAbout#3416 - CUP/variance for day use � ��' CITY of ORONO
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A RESOLUTION GRANTING A CONDITIONAL
USE PERMIT AND VARIANCE FOR
DAY USE RECREATION AREA
PER MUNICIPAL ZONING CODE
SECTION 10.31, SUBDIVISION 3(C)
FILE #792
WHEREAS, Minnetonka Power Squadron, a nonprofit Minnesota corporation,
(hereinafter "the applicant") is owner of the property located at 510 Big Island, also identified
as RS District Record Lot No. 5, within the City of Orono (hereinafter "City") and legally
described as:
Tract A, Registered Land Survey No. 1294, Hennepin County, Minnesota (hereinafter
"property"); and
WHEREAS, pursuant to Section 10.31, Subd. 3(C) the applicant has submitted
the requested information for review of a conditional use permit for Day Use Recreation Area
with occasional overnight camping.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
l. This application was reviewed as Zoning File #792.
2. The property is located in the RS Seasonal Recreational Zoning District. Orono
Zoning Code Section 10.31, Subd. 3(C), adopted by the City Council in 1983,
requires that a conditional use permit be obtained for any day use recreation area,
and provides minimum standards for approval of such use.
3. The Minnetonka Power Squadron has operated a day use recreation area with
occasional overnight camping at the property continuously since 1969.
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4. The applicant has made certain improvements to the property since 1969
including a picnic pavilion and vault toilet facility (1972) and a private well
(1985). Two additional storage structures are located within the property. The
picnic pavilion is considered a legal nonconforming structure since it legally
existed at its current location less than 75' from the shoreline prior to adoption
of hardcover and 75' lakeshore requirements.
5. Section 10.31, Subd. 3(C-1) requires minimum of 5.0 acres dry buildable area
for day use recreation area. The gross lot area of the property is approximately
9 acres, of which approximately 7.5 acres is considered dry buildable, thus
meeting the minimum acreage requirement.
6. Section 10,31, Subd. 3(C-1) also requires a minimum "lot area-to-user" ratio of
1 acre per 20 users. Under that standard, the code would allow up to 150 users
on the property at one time. All abutting adjacent land is owned by the Hennepin
Parks, and there is no adjacent land available for acquisition by the applicant. .
7. The Minnetonka Power Squadron by-laws set no lunit on the number of
members. The average number of inembers (family units) is 250 to 350.
Therefore, the potential exists for the number of users at any given time to
exceed 150. Because the Power Squadron is a nonprofit organization, it is
technically exempt from the provisions of Municipal Code Section 5.25 requiring
a license for shows and large assemblies in excess of 300 persons at one time.
8. Lot width at the shoreline exceeds 1,200', and meets the minimum lot width
requirement of 200'.
9. Minnetonka Power Squadron has annually obtained a joint use dock license from
the City and from the LMCD since 1969. The property contains approximately
2,250' of shoreline and has historically been licensed for the 45 transient slips this
shoreline length would allow at a level of 1 slip per 50' of shoreline.
10. The Power Squadron's published rules for "Streater Cove" conf'uie swunming to
the beach area, which is designated by buoys.
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11. The property contains a vault type toilet system which is pumped out as required.
The history of maintenance of said system indicates that it meets the intent of the
sewage treatment provisions of Section 10.31, Subd. 12.
12. A telephone is available at the site.
13. The property exists as a single tax parcel which abuts the lake.
14. The Orono Planning Commission reviewed this application on April 18, 1994 and
recommended approval based on the following findings:
A. The site containing 7.5 dry buildable acres is large enough to support a
day use recreation area and occasional overnight camping use without any
adverse effect upon the lake or upon the adjacent wetlands located within
the northern portion of the property.
B. The continued use as a day use recreation area will have no negative
impact upon the neighboring adjacent properties nor on nearby properties.
C. Based on the historic and expected continuing level of use, the fire
protection system developed by the Orono staff for Big Island and the
Streater Cove guidelines established and published by the Power Squadron
for member use of the site will provide the necessary precautions to
maintain the public safety and welfare.
D. The historic and continuing level of use requires a variance to Section
10.31, Subd. 3(C)(1) to allow in excess of 20 users per acre on the site
at one time. In the opinion of the Planning Commission, the Power
Squadron should be allowed up to SQO users at one time without special
requirements. Events or occasions in which more than 500 users will
occupy the site should be subject to City Council approval.
E. The Minnetonka Power Squadron provides a significant public benefit to
the lake by fostering and encouraging seamanship and safe boating
practices. Additionally, the property is occasionally used by educational,
research and civic organizations.
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15. The City Council finds that granting a conditional use permit to allow day use
recreation area with occasional overnight camping will not be detrimental to the
health, safery or general welfare of the public, would not adversely affect Iight,
air nor pose a fire hazard or other danger to nei�hboring 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.
16. The City Council has considered this application including the findings and
recommendations of the Planning Commission, reports by staff and comments of
the applicant and the affect of the proposed use 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 and user density ratio variance per Municipal Zoning Code
Section 10.31, Subdivision 3(C) for a Day Use Recreation Area with occasional overnight
camping at 510 Big Island (Record Lot 5) for Minnetonka Power Squadron subject to the
following conditions:
l. Minnetonka Power Squadron shall be Iimited to 45 slips at the existing seasonal
docks. Applicant shall obtain the required annual joint use dock license from the
City and shall meet any multiple dock requirements of the LMCD. All existing
dock slips are considered transient rather than permanent mooring slips, but this
shall in no way prohibit the occasional overnight docking of boats for overnight
camping purposes.
2. Applicant shall provide transportation to the property for annual inspection of the
existing sewer facilities and fire protection facilities for compliance for the
mirumum requirements.
3. Ap�licant shall provide fire protection for any camp fire rings at the site. Such
protection is subject to the special standards developed for island recreation areas
by the Ciry of Orono's Building Department. This protection shall consist of a
supply of sand, water, bucket and blanket.
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4. The number of users of the property at one time shall not exceed 500 persons
except by special approval of the City Council, which approval may be granted
by the Council on a per-event basis upon prior request, subject to any conditions
which the Council may determine are necessary to preserve the health, safety and
welfare.
5. Authorities granted by this resolution are granted specifically to the Minnetonka
Power Squadron or any of its affiliated organizations. Any transfer of ownership
of the property other than a transfer to an affiliated organization, shall result in
automatic expiration of this permit and the new owner shall apply for a new
conditional use permit if a day use recreation area is proposed.
6. 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.
7. The undersigned representative of Minnetonka Power Squadron has read,
understood and hereby agrees to the terms of this resolution and on behalf of the
Minnetonka Power Squadron, its 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 25th day of April, 1994.
ATTEST:
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orothy M. al in, City Clerk Edward J. Cal,�han, Jr., Mayo
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Auth' ' ed Rep` entative of L
Minnetonka Power Squadron
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STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this �h day of
�r� � , 1994, by Edward J. Callahan, Jr., Mayor & Dorothy M. Hallin, City Clerk of
the City of Orono, a Minnesota municipal corporation and said instrument was executed on
behalf of the City.
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tiF�'i;�� LINDA S. VEE �..j��� � ���
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, � HENNEPIN COUNTY Notary Public
.'�_.'�{e�+� My commissio� expires &12-96
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STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this ����' day of �-��r�� � , 199 � , before me a Notary Public
within and for said Counry,personal`ly appeared ���' ���P�� s-��f'r n �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.
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LINDA S. VEE
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�dOTf�PY PUBLIC - MINN�SOTA Notary Public
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STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
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On this a � — day of�r� �- , 199 � , before me a Notary Public
within and for said County,personally appeared L • b ru d/f S. !!��'m E1 ��
known to me to be the person(s) described in and who execute the foregoing instrument, and
acknowledged that he (they) executed the same as his (their) free act and deed.
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a.,.�7���.- � C �-�Z�
Notary Public
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