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HomeMy WebLinkAboutResolution 611I i F RESOLUTION NO. 611 A RESOLUTION DIRECTING .STAFF TO ISSUE A LICENSE TO NORTH STAR MARINA, INC. FOR A COWERCIAL BOAT DOCK BUSINESS FOR THE TRIS PERIOD FROvi MAY 27, 1975 TO DFCE1,1BER 31, 1975 FOR 17 -TE PURPOSES AS SET MRTfi 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. WEREAS, 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 WHFRFAS, 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, the City of Orono finds 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 1VHERRkS, as a condition precedent to the granting of any license Pursuant to Chanter 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 andplanting 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 %� S F-1 0 0 • MIEPEAS, the applicant has filed an application seeking a license for 1975, and i%iEREAS, 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 here- to, hereinafter referred to as "the premises", and IglEREAS, 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 pro- visions relating_ to all of the requirements of Chapter 73, including, but not limited to: the reouired 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 requirements of Chapter 73, but the council desires to work with the applicant and to grant him a license for the time period of May 27, 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. tti1EREAS, the applicant has not entered into an Operations Agree- ment, and 1%TREAS, 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 fora 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 1a'HEREAS, 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, NOR', THFRFFOPE, 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: -2- • 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. S. 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 Chapter 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 ordinance of the city or other compet- ent 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 de- clared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the 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. 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 exits, foot ramps, signs, off-street parking, gas tanks, storage areas and structures 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. -3- 2. Parking. • 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. 70 parking spaces in order to serve the boat slips on ,rater or on land shown on Exhibit A. and to serve the floor area, including warehousing, and all outside sales and storage areas related to the sales and service functions. b. Applicant does not use the ramps to launch.boats owned by the public for the day from trailers. c. The city reserves the right to require additional parking spaces this summer if the boat charter launch service or any other services provided create parking problems at the site. The parking 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 each year provided that 20% 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. Except as otherwise permitted, the designated parking areas may be used only for parking and not for storage of boats. No parking of business invitees shall be allowed off of the premises at any time. 3. Landscape Plan. The operator shall landscape the required yards and landscaping areas on the premises pursuant to the following provisions. The location, size and type of each tree and shrub and the boundary lines for each yard area and landscaping area are designated on Exhibit A. a. Yard Areas. The minumum yard areas for the'premi.ses shall be landscaped and planted with evergreen and deciduous shrubs and trees in accordance with Exhibit A. b. Landscaping Areas., The minumum landscaping areas for the premises shall be landscaped and planted with evergreen and deciduous shrubs and trees in accordance with Exhibit A. 4. Landscape Variance. Because the applicant is attempting to buy property adjacent to the operation and because the applicant has not finalized his plans for alteration of the shoreline, the city will allow the applicant to operate this year only without planting the trees and shrubs necessary to meet the requirements of Chapter 73. -4- S. Commencement and Completion of Planting and Landscaping. . The applicant shall commence planting and landscaping as required by this resolution by June 1, 1975 and the work shall be carried on without inter- runtion 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 resolution or its prede- cessor, 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. 0 • All planting and landscaping described in this resolution shall be completed at no cost to the city. Conditions unforeseen at the time of the execution of this resolution or new conditions arising during the time period of this resolution shall be in all respects the responsi- bility 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 limited to: a. The hours for running engines or operating any boat engine for the purpose of charging batteries, running auxiliary equipment or testing shall be between the hours of 8:00 a.m, and 6:00 p.m. b. The maximum hours of operation shall be 7:00 a.m, to 10:00 p.m., for retail sales and service functions, except as necessary to support normal fishing act- ivity or private use of the boats stored on the premises, unless other permission is specifically granted by the Council. 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 TJinnetonka Conservation District and are shown on Fxhibit A to be as follows: 95 slips on water. Y. g��Y WOMAN5U -To aaoQr- a e o� -5- V07 14c� R 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 pro- cessing the initial application, annual renewals and in conducting 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 . . . . . . . .95 at 1.50 142.50 Each boat slip on land . . . . . . . . . . . . . . 1.00 Total due at time of acceptance of License. . . . . . . .$267.50 C. This resolution formally sets forth the findings made by the City Council at its meeting of May 27, 1975. The foregoing resolution was introduced by Council -member and was duly seconded by Council -Member . The following voted in favor of the resolution: The following voted against the resolution: Abstaining: Miereupon the resolution was adopted this 11 th day of 'lugust, 1975 r Clerk-Administrator 0 -6- Robert L. Searles, Mayor Approved as to form: Citv Attornev / 1 U 0 The license for the time period of May 27, 1975 to December 31, 1975 is accepted by the applicant subject to the terms and conditions as set forth in the above resolution. Dated: "6 ' (7 Rlki ST INA, INC. Applicant