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HomeMy WebLinkAboutResolution 605S RESOLUTION NO. A RESOLUTION DIRECTING STAFF TO ISSUE A LICENSE TO PAUL'S LANDING FOR A COMMERCIAL BOAT DOCK BUSINESS FOR THE TIME PERIOD FROM MAY 15, 1975 TO DECEMBER 31, 1975 FOR THE PURPOSES AS SET FORTH HEREIN AND SUBJECT TO THE CONDITIONS SET FORTH HEREIN. WHEREAS, it is the overriding concern of the city to eliminate the unique problems presented in increasing boat density, hard cover, traffic density on land, storm water run- off, and noise in the area for the proposed premises, and WHEREAS, the council realizes that there is a need to regulate the increasing traffic density on land, increasing storm water run-off and in some cases'to decrease the present level of the above items in the area for the proposed premises, and • WHEREAS, the council has adopted certain performance standards and factors to be considered in granting or denying license applications which are set forth in Chapter 73 of the Municipal Code, and , WHEREAS, it is unlawful for any person to operate a commercial boat dock business or be engaged in the business of docking, mooring or storing boats in the City of Orono without first obtaining the annual license pursuant to the provisions of Chapter 73 from the City Council, and WHEREAS, these standards and factors are necessary in order to protect the health, safety and welfare of the citizens of Orono and in order to eliminate the problems frequently caused by the business of docking, mooring or storing boats, and WHEREAS, as a condition precedent to the granting of any license pursuant to Chapter 73 of the Orono Municipal Code, the applicant shall enter into an Operations Agreement with the city which shall include provisions relating to all of the requirements of Chapter 73, including, but not limited to: the required landscaping and planting for designated land- scaping areas, location and surfacing of access roads, parking, storage, hours of operation, number of boat slips and boat buoys, length of dock, sanitary facilities, lighting and other requirements and performance standards that the council. deems necessary to promote public safety, health, welfare and enjoyment of the lake as a public recreational asset, and • WHEREAS, the applicant has filed an application seek- ing a license for 1975, and WHEREAS, the applicant has made application to the city for approval of an annual license to operate a commercial boat dock business and/or to engage in the business of docking, mooring or storing boats within the City of Orono, on premises described in Exhibit A attached hereto, hereinafter referred to as "the premises", and WHEREAS, as a condition precedent to the granting of any license pursuant to Chapter 73 of the Orono Municipal Code, the applicant shall enter into an Operations Agreement with the city which'shall include provisions relating to all of the requirements of Chapter 73, including, but not limited to: the required landscaping and planting for designated landscaping areas, location and surfacing of access roads, parking, storage, hours of operation, number of boat slips and boat buoys, length of dock, sanitary facilities, lighting and other requirements and performance standards that the council deems necessary to promote public safety, health, welfare and enjoyment of the lake as a public recreational asset, and WHEREAS, the council extended the date by which the • council may deny or issue the licenses to May 15, 1975 in order to allow the applicant additional time to meet the requirements of Chapter 73, and WHEREAS, the applicant still has not met the require- ments of Chapter 73, but the council desires to work with the applicant and to grant him a license for the time period of May 15, 1975 to December 31, 1975 subject to certain conditions hereinafter set forth, so that the applicant will have an opportunity without the interruption of his business to pre- pare and present additional plans showing full compliance with Chapter 73,by November 15, 1975. WHEREAS, the applicant has not entered into an Operations Agreement, and WHEREAS, the applicant understands fully that any license granted pursuant to Chapter 73 and this resolution shall run only through December 31 of the year for which the license is requested or for a lesser period of time if so specified by the council and that any license granted pursuant to this resolution and Chapter 73 may be revoked upon notice by the council for any violation of this resolution or of Chapter 73, and WHEREAS, based on the assumption that the applicant • will proceed in good faith and will present plans which meet the requirements of Chapter 73 by November 15, 1975, -2- • NOW, THEREFORE, the City Council grants a license under Chapter 73 to the -applicant for the time period from May 15, 1975 to December 31, 1975 subject to the following: A. General Provisions: 1. Nothing in this resolution shall confer upon any person for the benefit of any property any vested right to use Lake Minnetonka or the premises in a manner permitted by this resolution, but the use of Lake Minnetonka and the premises shall remain subject to such regulations and ordinances as the city and other competent regulatory authorities shall deem necessary from time to time in the public interest. 2. No person to whom a license has been granted under this resolution may have a vested right to such a license or to a renewal thereof. 3. Because the application and plans as submitted by the applicant and as amended by the City Council does not meet all the requirements of Chapter 73, the city reserves the right to demand that the applicant fulfill the requirements of Chapter 73 before the license for the year 1976 will be granted. 4. In addition to those restrictions set forth herein, the City Council incorporates all conditions and restrictions as set forth on Exhibit A attached hereto. 5.. Nothing in this resolution shall supercede the provisions of Chapter 73 and wherever the provisions of this resolution are not as restrictive as those in'Chapkter 73, the application of these provisions shall be deemed to constitute a variance only to be granted for the time period of May 15, 1975 to December 31, 1975. The provisions of this resolution shall not supercede any ordinanceof the city or other competent regulations which are more restrictive in its provisions and-. application as to the location, construction, installation, maintenance and size of docks, buoys and other structures in the water or on the land. 6. Should any section or -provision of this resolution be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of this resolution as a whole or any part so declared to be invalid. Should any section or provision of Chapter 73 of the Municipal Code or any other land use ordinance or regulation that relates to this resolution be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of this • resolution as a whole or any part thereof. -3- • B. Requirements of Chapter 73: 1. Location and Size of Structures. The applicant shall maintain and allow on the premises only those buildings, road entrances and exists, foot ramps, signs, off-street parking, gas tanks, storage areas and struc- tures which are shown on the site plan drawn accurately to scale attached hereto as Exhibit A. The locations of those structures, etc., shall remain as indicated in the site plan and there shall be no expansion of those structures. The applicant may remove any structure from the premises when he desires in accordance with other applicable ordinances. 2. Parking.*See Rider Attached. The applicant shall provide the following vehicular off- street parking facilities which may not be paved and may not be separated by a public roadway from the dock, storage space, mooring space, or ramp they are designated to serve: a. 66 parking spaces in order to serve the boat slips on water or on land shown on • Exhibit A. b. 16 additional parking spaces in order to serve the floor area, including warehousing, and all outside sales and storage areas related to the sales and service functions. C. additional parking spaces to serve the ramps used to launch boats owned by the public for the day from trailers. The park.-L..ig Spaces for each of the above functions are marked - on the attached site plan. These parking spaces may be used for storage of boats only from October 1 to May 1 (or until the date of the first "public fishing event", whichever date is earlier) each year provided that 200 of the total of the above parking spaces remain as a functional parking area. The 20° reserved for winter parking are designated on the site plan. The areas allowed for winter storage are marked on Exhibit A. After May 1 or before the first public fishing event each year, the entire parking area as designated may not be used for out- side storage. Except as otherwise permitted, the designated parking areas may be used only for parking and not for storage of boats 3." Landscape Plan. • , The operator shall landscape the required yards and land- scaping areas on the premises pursuant to the following provisions. The location, size and type of each tree and shrub and the bound- ary lines for each yard area and landscaping area are designated on Exhibit A. -4- *Rider. - --- _- WHEREAS the applicant's business has frequently attracted so many cars to the premises that traffic hazards have been created; • and whereas County Road No. 15 in front of the premises is frequently congested to the point that other vehicles cannot pass on the road in front of the premises,- I ft ,! r • a. Yard Areas. 'The minimum yard areas for the premises shall be landscaped and planted with evergreen and deciduous shrubs and trees_in accordance with Exhibit A. b. Landscaping Areas. The minimu;n landscaping areas for the premises shall be landscaped and planted with evergreen and deciduous shrubs and trees in accordance with the landscape plan. 4. Privacy Fence. • • Not applicable. 5. Commencement and Completion of Planting and Land- scaping. The applicant shall commence planting and landscaping as required by this resolution by May 25, 1975 and the work shall be carried on without interruption until completion. All planting and landscaping to be done under this resolution for this year shall be fully completed on or before July 1, 1975. Trees and shrubs shall be maintained in a healthy condition and shall be accepted by the city as having met the requirements of this resolution only after one summer season as live and healthy plants. Thereafter, in addition to any other required planting and landscaping in this or sub- sequent resolutions, the applicant shall replace all trees or shrubs which were previously planted pursuant to this resolu- tion or its predecessor, if any, or which were present at the time of the adoption of this resolution or its predecessor, if any, and which have failed to survive as live and healthy plants. All planting and landscaping described in this resolution shall be completed at no cost to the city. Conditions unfore- seen at the time of the execution of this resoluttion or new conditions arising during the time period of this resolution shall be in all respects the responsibility of the applicant who may then prepare new plans and specifications and submit them to the City Council for approval. 6. The hours of operations are li,pited to: 7-:00 A.M. to 10:00 P.M. daily. 7. The number of docks, length of each dock, number of boat slips water and number of boat slips land for the time period of May 15, 1975 to December 31, 1975 are as limited by Chapter 73 and the Lake Minnetonka Conservation District and are shown on Exhibit A to be as follows: 20 boat slips on water 16 boat lifts on water 50 boat slips on land for rental boat. -5- • 8. The applicant may not operate any part of his business (including but not limited to the parking of cars and storage of boats) on the county right of way, except that upon agreement of the county and city, the right of way may be used for the planting of vegetation. 9. The following fees shall be paid to the city under the following schedule, to reimburse the city for expenses incurred in processing the initial application, annual renewals and in con- ducting the annual inspection. License fees shall not be prorated. The fee for each license shall be a base fee plus a fee for each water or land boat slip requested in the application as determined by the council or its agents. Such fees shall be computed and applicant shall pay the fees as -follows: Initial application fee . . . a minimum of $125.00 $ 125.00 Annual renewal fee a minimum of $ 75.00 Each boat slip on the water .:a 1.50 54.00 Each boat slip on land . . . . . . . . . 1.00 fl0.00. Total due at time of acceptance of license. . $ 229.00 C. This resolution formally sets forth the finding made by the City Council at its meeting of May 13, 1975. • The foregoing resolution was introduced by Council - member and was duly seconded by Councilmember The following voted in favor of the resolution: The following voted against the resolution: Abstaining: Whereupon the resolution was adopted this 13th day of May, 1975. Attest: Walter R. Be son, Clerk -Administrator 0 Approved as to form: City Attorney -6- Robert L. Searles, Mayor . The license for the time period of May 15, 1 75 to December 31, 1975 is accepted by the applicant subject to the terms and con- ditions as set forth in the above r n Date: • 4 • (App.licarz,-