HomeMy WebLinkAboutResolution 625RESOLUTION-NO. 625
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A RESOLUTION DIRECTING STAFF 7'0 ISSUE
A LICENSE TO Gt1XLE' S ,`.,ARI 'A
FOR A 'COi•IA9} RCIAL BOAT DOCK }BUSINESS
FOR THE T1,1 E PERIDY) !;;ROIf MAY 15, 1975
TO DECEdI3%i2 .31. , l 7 5 I'OP 7'IiE PURPOSES
AS SET FORTH HERI: IN AND SUBl7ECT TO THE
CONDITIONS SET FORTH 11Es 'IN.
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, arca
WHEREAS, the council realizes that there is a neled
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to regulate the ` incre asingtr.affi.c density on land, ` inrrr��si,tic:
storm water run-off and in some.cases to decrease the
level of the above items in the area for the proposed preintises,
and
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WHEREAS, the council has adopted certain performance
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standards and factors to be considered in granting or denyi_lic3
license applications which aro set forth in Chapter 73 of the
Municipal Code, and
W111EREAS, it is unlawful for any person to operate a
commercial boat dock business or be engaged in tie busi.-:Uss
of docking, mooring or storing boats in the City of Orono
without first obtaining the annual license pursuant to i,:•ie
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 o�. t11
citizens' of Orono and in order to eliminate the problems
frequently caused by the business of docking, mooring o_-
rstoring
storingboats,'and
WHEREAS, as a.condition precedent to the granting
of any license pursuant' to `Chapter`" 73 of the Orono Muni.ci;Dal. �-
Code, the applicant' shall enter into an Operations P�jrcc,rler:,:
with the city which shall include provisions relating to all
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of the requirements of Chapter 73, including, but not 1.1 „: t:c;r:-..
to:'the required landscaping and planting for designated
scaping areas, location and surfzcnc� of access roads, parking,
storage, hours of-operation, number of boat slips and boa;
buoys, length of dock, sanitary facilities, lighting ano
other requirements and .performance standards that the councli
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deems necessary to: pro:notea puljlc safety, we and
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enjoyment of the lake as a public'recreat�.onal'asset, and
WHEREAS,,.the`applicant-has.fi ed an application seek-
ing a license for 1975, and
WHEREAS, -the applicant has made application.to.the.
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city for approval of an annual,,, license to.operate a commercial
boat dock business and/or to engage in he'business of dock'ing,'
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mooring or storing boats witYiin,.the City.. of Orono, "on premises
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:hereto.here nafter referred
described in Exhibit A attachedy
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
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areas, location and surfacing of access roads; parking, storage,
hours of operation, number of boat slips and boat buoys, iength
of dock, sanitary facilities- lighting and other requirements and
performance standards that,the council deems necessary to pro.t�ote
public safety, health, welfare • and enjoyment of the lakeas a
public recreational sset;'and
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WHEREAS, the;, council extended the date by which,the
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council may deny or issue 'the 'licen'ses to May 15, 1975 in
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order to allow the applicant 'adciti onal time to meet .the
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requirements of . Chapter 73, - and
WHEREAS, the applicant still has. not met the
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 condi.t-Lons
hereinafter set forth, so that the applicant will have an
opportunity without the interruption of his business to pace -
pare and present additional --pians . showing :-ful.l compliance
with Chapter ' 7 3 by N.ovember 15 .,19 7 5 .
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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. sped ed 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 .;
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WHEREAS, based on the assumption' -that the applicant
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will proceed in good faith and will present,plans which meet
the requirements of Chapter -73 -by November. 15, 1975,
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NOW, THEREFORE, the `City Council grants a• license, under
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{ Chapter 73 to the applicant 'for .the` time .period from May 15,.'
1975 to December 31, 1975 subject to the,following.
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A. General Prova Bions •
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l.. Nothing, in thistresolution shall confer upon any
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person for the benefit of `anX prope)ty vested; •right 'to use
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Lake Minnetonka or the premi'ses,,: in a. mariner permitted by this
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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 puuiic 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 applicatz on and plans aC submitted
by the applicant and as, amended, by the Caty Council does not-.
meet all the requirements of Chapter': Z3,;the city reserves the
right to demand that the, applicant :fulfill',the requirements .. of
Chapter 73 before the ' license for -'the year 1.976 will` be . granted =
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4. In addition to those estrictions . Set: forth herein,
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the City Council incorporates a]'1 conditions and resi:retions as
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set forth on Exhibit A attached` hereto. ;
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S. Nothing in this 'rt solution'. -shall supercede the
provisions of Chapter;,73 and wherever the•provisions of this
resolution are not as...restrictive as: -those in Chapter 73, the
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application of these provisios hall be deemed to 'constit
a variance only to •be; granted for -the tiiiie'.period ofS'ay 15,
1975 to December 31, 1975. The�provisi.ons of this resolution
shall not 'superceae any, ordinance. -of the ;city `or other conpetent:
regulations which' are .more'restr'ctive in its provisions and
application as to the "location, consLructoYi: `installation,
maintenance and size of dock's, ;
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 promises when lie desires in accordance
with other applicable ordinances.
2. Parking.
-The applicant shall provide the. following ' vehicular of f -
street parking facilities which may• noir 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. 80 parking spaces in order to serve the
boat slips on water or on'land shown on
Exhibit A.
b. 54 additional parking spaces in order to
serve the floor area, indIdding warehousing,
and all outside sales'and storage areas related
to the sales. and service functions.
c. Applicant does not.use the ramps to
launch boats owned by the public for the
day from trailers
T parking pa s for e the /=n'
notions a ma.r.}ced
n t e at - ched : s* top n Th e psl acesay b used
for s ge of boat my from 0 - to 1 each y r
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.
a the designated in
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►' FJ�� used for parking and for stor ge of boats DR�S"ee attached
addendum.
' 3:' Landscape' Plan.
The operator.. shall landscape the required yards and land-
soaping areas on the premises, pursuant to°tlze:following provisions.
The location, size and type'of each i:ree, and shrub and the bound-
ary lines for each yard area and",landscaping"area are designated
on Exhibit A.
From June 1 to August 31 - 60,spaces
From September 1 to May 31 30'.spaces.
No parking of business invitees 'shall be .allowed outside of
the premises.
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' a. Yard Areas'. <The minimum •yard 'area for the•t,premises
shall be landscaped:,an "with'evergreen and deciduous:
shrubs and trees in'accordance with Exhibit 'A.
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b. Landscaping Areas"'.*.',.'The minimum•landscaping arias
for the premises shall be landscaped and planted 'with.evergreen
and deciduous shrubs`,'and .trees �.n accordance.:with the landscape `
plan. M
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4 : ' . Privacy, a x A pz vacy 'fence made of
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.fence
and.*...-; ---- : feet in height,shall be"'built
and maintained in locat a where°'des.ignated`. in Exhibit 'A:
S. Commencement. and.';Completion of: P1'tinting .and.�Land-
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scaping : The applicant "shall -`°commence plantilzg and landscaping
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as require1.
d by this resolution:by May 25,'1975 and the work.kv,.'
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shall be carried on'without;nterruption.until completion.
All planting and landscaping'to be done under'this resolution
for this year shall ;be fully coripleted or%' 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,'pl'ants°. Thereafter, in'addition
to any other required planting and ;landscaping in this or, sub-
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Sequent resolutions,' the applida zt-'shall-`,r'eplace .all :flees or '
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shrubs which were previously`•planted pursuant to this resolu
tion or its predecessor,;`if .a'ny, or... which` were present "at' the
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time of the. adoption of this`;'resolution "or its predecessor, . if .
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any, and which have:.failed tosurvive as �1.a.ve-:and heaJ.thy., plants. •-'
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A11 planting: and lands`ca`in described in'this resolution
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shall be completed at -no. cost tot`"the city." Conditions unfore-
seen at the time of the execution of this, resolutibon 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'`•`spec Tfications and' submit 4='�
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them to the City Council- for'
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6.� The hours -of operations are limited to:
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.� l'i0 X. M."... to..
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7 The number of; length each • dock, number
. ,docks , •of-,
of boat slips water and nunil�er sof. boat slips -land for the time
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period of May 15;.1975 to Decembb 31, 1975_. are as limited by
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Chapter'7� and the 'Lake,Minnetonka Conservation District and
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are .shown on Lxhibit' A ''to be'' :as .`` follows
134 slips' on water ,>
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8. The applicant may not operate any part of his
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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 feea minimumof $-75.00
Each boat slip on the water 1.50 201.00
.Each boat slip on land
Total due at time of acceptance of license. $ 326.00
C. This resolution formally sets..forth'the findings
made by the City Council at ;its-..meeting of-May 13, 1975.
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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: j
Abs.taining : _ y
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Whereupon the resolution"was: adopted this .$�� , day of cul
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1975.
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Robert L. Searles, Mayoz
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Attest. -- f
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Walter R. Benson,
Clerk--Administrator
Approved as to form.
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City Attorney
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'The` license for the time'. peri.adj o£ Ma.y 15 ' 1975 to December
31,
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19.75 is accepted key 'the applicant `'subject' -to the :; terms and-
coli-
ditions as set forth •n the above':resoluton.
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