HomeMy WebLinkAboutResolution 1134 . �
� � Cit� o� ORONO
RESOLUTION OF THE CITY COUNCIL
� NO. 1134
• ' • • A RESOLUTION DIRECTING STAFF TO
ISSUE A COMMERCIAL DOCK LICENSE
TO STUBBS BAY MARIIZA
SUBJECT TO CONDITIONS NOTED HEREIN
FOR THE PERIOD OF JANUARY 1 , 1980 TO DECEMBER 31, 1980
WHEREAS , the City of Orano, hereinafter "City" , is a
mun� cipal corporation organized and existing under the laws of the
Sta�e of Minnesota and has the authority and responsibility under
Minnesota Statutes , State Statute 412 , et. seq. and State Statute
462 , et. seq. to protect the health, safety and general welfare of
the citizens of the City and other members of the public within the
City; and
WHEREAS , within the City there exist several commercial
marinas , hereinafter "marinas" enqaged in business activities including
but not limited to the following:
1. The sale of new andfor used boats, boating equipment,
_ boat accessories and recreation equipment.
2 . The storage, sale, rental, lease , repairing and/or
servicing of boats and boat equipment.
3 . The sale of gasoline, bait and fishing supplies.
4 . The construction and maintenance of docks, boat
lifts and buoys on the public waters for purposes of
operating the above noted business activities and for
, rental or lease of such space to a limited nuinber of
the general public for storage of individually owned
boats .
AND WHEREAS, the City Council has determined that if
unregulated, such commercial activity on or near the public waters
and on the land within the City may be detrimental to the public
health, safety and general welfare and is therefore subject to
reasonable regulations by the City; and
wHEREAS , it is the overriding concern of the City to
eliminate the unique problems presented by increasing boat density,
hardcover, traffic density, storrn water runoff and noise or other
public nuisances in the area of tlhe various marinas; and
��
PAGE /� OF �
, .
� � Cit o� ORONO
�
RESOLUTION OF THE CITY COUNCIL
� NO. 1134
� - • •
�aHEREAS, because of the geographical location of the
marinas and their proximity to heavy population , and the access to
marinas by county and city roads , and the general use of the bays
of Lake P�linnetonka for recreation by way of swimn�ing , boating,
fishing and water sports by the citizens of Orono, the City regulates
both the on-land activities of marinas and the extensions of ciocks
and mooring areas into Lake Minnetonka in the interest of public order
and to protect the life, safety and welfare of the community. The
City through its regulations is not licensing boats but is only licensing
the marinas to the extent the marina operations affect the general public
and the adjacent properties within the City of Orono; and
WHEREAS, the City shares concurrent jurisdiction over the
primary harbor limit of the City of Orono with the Lake Ninnetonka
Conservation District and the Department of Natural Resources of the
State of Minnesota; and
- WHEREAS, the regulation of the navigable waters involves an
exercise of police power of the State, LMCD and the City of Orono, all
of which have adopted rules to ensure to all equal enjoyment of the
public rights and to suppress the clashing of public and private interests
and resulting public disorder; and .
WHEREAS, the regulations of the DNR, LMCD and the City of
Orono regulate the property rights of the riparian owners both as to
single family residential owners and the commercial marina owners , to
the extent prohibiting any interference with the public waters adjoining
that property. The LMCD, DNR -and- the City of Orano must fulfill their
trusteeship over the public waters by protecting against interference
by anyone, including those who assert the commonlaw rights of riparian
owners, whether or not they be commercial marinas or single family
residential owners; and
WHEREAS, as to Lake Minnetonka, a mutual right of enjoyment
exists between and is shared by riparian owners and the public generally.
The marinas have no exclusive privileges over Lake Minnetonka. The
only additional private right that the marina or any riparian owner may
have over the public generally is to construct one dock to the navigable
depth of the public waters . There can be no dispute but that the public
generally and each riparian owner to Lake Minnetonka has the right to use
the entire surface area of Lake Minnetonka for all suitable purposes in
common with all other riparian owners . This rigl�t is a right not only to
_ the members of the public but the right to each riparian owner . This
mutual right of enjoyment which is shared by riparian owners and the
public generally includes the recreational benefits of the Lake such as
boating and fishing therein; the riparian marina has no exclusive
privileges to these rights; and
PAG E�_O F�
. �
_ � � � Cit� o� ORONO
�
RESOLUTION OF THE CITY COUNCIL
� N0. 1134
• - • •
WHEREAS, as the population has increased around Lake
Minnetonka, and in the Twin City Area generally, it is clear that
more and more people have used the Lake for sailing, rowing, fishing,
boating, bathing, skating , and other public purposes which cannot
be now fully enumerated or even anticipated; and
WHEREAS, Lake r2innetonka is capable of substantial beneficial
public use only as long as all riparian users of the Lake are regulated
in such a way as to ensure there is no abuse of the limited riparian
rights; and
WHEREAS, the marina as a commercial riparian owner only has
limited riparian rights incident to the ownership of real estate
bordering upon Lake Minnetonka. The marina operator has a limited
right to build and maintain one suitable landing or dock, on and in
front of his land, and to extend the same therefrom into Lake Minnetonka
to a point of navigability; but, under no circumstances may he encroach
,- into Lake Minnetonka to a point where he impairs the water ' s navigability
for other public purposes or where he unreasonably interferes with the
surface water rights of all riparians and members of the public generally;
and
WHEREAS, it is fundamental that a riparian owner ' s rights are
measured by the necessities and character of his use. The marinas,
for private commercial gain wish to temporarily and, in fact, permanently
alter the use of the surface water in Lake Minnetonka. Certain sections
of the lake, once a source of excellent fishing, have been converted and,
in fact, in the future will continue to be converted, into a commercial
enterprise all to the detriment of other riparian owners and the public.
The marinas present operations and contemplated operations far exceed
a reasonable use of their limited riparian rights; and
WHEREAS , the most general public use of the water is paramount
. and should take priority over excessive riparian use for commercial
purposes of the lake by the marinas; and
WHEREAS, the marinas have separated and disassociated from
the normal riparian rights in many sec-cions of the public waters on
Lake i�tinnetonka by having extended their docks out into Lake Minnetonka
beyond the point of navigabi�.ity and have transferred those rights to
others who do not have riparian rights and who are not members of the
general public who obtain access and use of Lake Minnetonka by use of
the public access points along Lake Minnetonka. Such commercial transfers
of the riparian rights of Lake Minnetonka have resulted in an abuse of
reasonable riparian access to Lake Minnetonka. Such abuses must be
qualified, restricted and subordinated to the paramount rights of the
public to the public waters of Lake Minnetonka; and _
PAGE -.� OF�_
_ � � Cit� of ORONO
RESOLUTION OF THE CITY COUNCIL
• NO. 1134
• � • •
WHEREAS , as a condition to the issuance of the 1975 commercial
marina licenses , each commercial marina operator agreed with the City
in writing to an Operations Agreement outlining a three-year phased
improvement program established to replace natural vegetation previously
removed, to provide for adequate storm water runoff controls , to provide
for open space and vegetation buffers between the marina properties and
adjoining residential properties , to provide for adequate parking and
traffic control and to provide for reasonable performance standards
relating to the non-conforming placement and use of docks and mooring
spaces upon the public waters; and
WHEREAS , all of the requirements of the 1975 Operations
Agreement are reasonable exercises of the normal police powers of the
City of Orono intended to correct the previous abuses and overuses of
public waters and the congested commercial marina sites , to correct
for the public harm caused by such abuses and to prevent future abuse
of the land or the public waters; and
WHEREAS, all of the requirements of Chapter 73 of the Orono
Municipal Code regulating commercial marina operations, Section 35 . 100
of the Orono Zoning Code regulating the use of lakeshore business
district property and the 1975 Operations Agreement are in full .
conformity with the applicable regulations and intents and purpose
of the Lake Minnetonka Conservation District ' s regulations for commercial
marinas and the State of Minnesota, Department of Natural Resources '
regulations for protection of public waters; and
WHEREAS , the purpose of this Resolution is to set forth the
above noted general conditions and concerns and the following special
conditions as they relate to an application for an annual Commercial
Dock License described on Exhibit A attached,
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the
City of Orono hereby directs the staff to issue a Commercial Dock License
according to the facts and conditions noted on Exhibit A attached.
Adopte� by the City of Orono at their meeting on the 14th day of
April , 19 80 .
,�`���/ �''i�
/f
William B. Van Nest, Mayor
ATTEST:
� � ,
Walter R. enson, City A inistrator
PAG E_�O F�
CITY OF ORONO
EXHIBIT A
RESOLUTION N0. 1134
CONDITIONS OF ISSUANCE FOR ANNUA L COMMERCIAL DOCK LICENSE
I , LICENSEE Stubbs Bay I�iarina
Address 3445 Bavside Road
Period January 1, 1980 to December 31, 19 80
II. BOAT DENSITY
The number of in-place boat slips , lifts and buoys shall not exceed the
number shown on the attached plan, Exhibit B, and in accordance with
Resolution 938 , in no case shall the number of authorized boat slips ,
lifts , buoys , or dry stack slips exceed the number pei--mitted �in the
prior year' s license.
� ^ Authorized Summer Density per attached plan:
BaY Stubbs
Transient Slips �_
Rental Slips 55
Company Slips �—
Sub�Total: Slips at Docks 55
Off-Shore Buoys 0
Maximum Boats in Water 55 55
Dry stacked slip for use in lake p
Maximum Boats in water per prior license 55
Other Boats (for sale/service, e�c. ) 0
MAXIMUM BOAT DENSITY ON LAND AND/OR IN WATER 55
Exceeding this maximum boat density, or exceeding the number of permitted
slips , Iifts or buoys is a violation of this license subject to revocation
�-- and/or prosecution for violation of Section 73. 010 of the Orono Nunicipal
Code.
Authorized Number of Winter Stored Boats does not apply
EXHIBIT A �
_ Resolution No. 1134
Page 2
III . DOCK LAYOUT (reference Exhibit B attached)
rlaximum authorized length of main dock 184 feet.
Docks extending beyond 200 ft. and docks encroaching into
required side yard setbacks are hereby specifically declared to
be illegal non-conforming structures which are not permitted under
this license. This application ��� (does not) contain such
illegal structures . All such violations are subject to prosecution .
under Sections 35 . 100 and 73. 010 of the Orono Municipal Code . �
IV. Marina �� (is not) authorized for FUEL SALES subject to compliance
with the State Fire Code.
V. Required number of OFF-STREET PARKING SPACES 33
All such spaces must be maintained available on the property
during all sumr,�er season hours of operation. '
VI . SPECIAL CONDITIONS required for compliance with the ordinances of
the City and/or the LMCD. The issuance of this license is subject
( to full compliance with these conditions . Failure to comply with
these conditions is cause for license revocation and/or prosecution
by the City.
l. This license is issued for one final season' s operation pursuant
to all of the agreements and conditions set forth in the REZONING
AGREEMENT FOR PROPERTY KN0��7N AS THE STUBBS BAY MARINA, dated
March 28, 1980, attached hereto as Exhibit C, including the following:
2 . No more than a total of 55 boats may be stored on the premises
or at slips attached to the dock or moored in front of the property
during 1980.
3 . There may be no winter storage of boats on the property.
4 . No structure shall be constructed, 'erected or placed above or
upon the property, including without limitation, docks , piers, signs ,
billboards, hardcover or roads of any nature whatsoever, accessory
buildings, or any other structure or improvement which is not presently
existing on the property, which is limited to one storage shed and the
present docks, except that portable toilets as necessary and a garbage
dumpster may be erected.
5. The present docks may be reconstructed in the same position that
they are presently and in such a way as to make them safe for the
1980 boating season subject to plans to be first approved by the City.
JII . Nothing in this license 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 Pdinnetonka 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.
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. ' . I�i8o Ma2 t�rv4 �.t�VS�� �
_ �OL. . 1134 tJ�AR 31 I�
c�rY oF oRorvo
REZONING AGREEMENT FOR PROPERTY '
KNOWN AS TN� STUBB'S BAI' MARINA PROPERTI
��
THIS AGREEriENT, made and entered into this day of • ,
1980, by and between James K. NcCleary and Carolynne M. NcCleary, their heirs,
successors and assigns who are the owners of the property, legally described on
Exhibit A attached here[o and incorporated herein by reference, hereinafter re-
ferred to as "Qwners" and the City of Orono, a municipal corporation, hereinafter
ref erred to as the "City."
WITidESSETH:
WHEP.EAS, Qwners have requested th e City to change the zaning of the above
described property from B-2: Lakeshore Business District to an LP.-1A: One Family
Lakeshore Residential District to allow for the development af the above-described
property consisting of approximately two acres and 240 lineal feet of shoreline
on Lake Minnetonka, into three separate single family lots with homes thereon, and
__ WHEREAS, the City has found that the proposed rezoning of said property pur-
suant to this rezoning a�reenent would be in the public interest and would promote
the health, safety and welf are of the publ�c, and
WHEREAS, in order to induce the City to change the zoning of the above-described
property and to grant the variances related thereto as provided for herein, the
Owners agree to lay out, develop, r�aintain and restrict the develo�ment of the above-
described propertq as hereinafter set forth;
NOW, THEREFORE, it is agreed that for and in consideration of the City's adopt-
ing an ordinance rezoning the above-described property from B-2: Lakeshore Business
District to LR-lA: One Family Lakeshore Residential District with variances granted
as set forth hereinafter, the Owners agree to restrict the development of the above-
described property as set f orth hereinafter:
l. The development of the property shall take place generally in accordance
with the concept plan, a copy of which is attached hereto as Exhibit B.
2. A preliminary and final plat in confox�ance with Exhibit B shall be sub-
mitted to the City for its approval as soon as possible by the Owners.
3. That prior to final plat approval, the Owners will comply with all the
applicable rules, regulations, ordinances and laws of the City and will submit all
information necessary as usual for the review and approval of a preli_minary and final
plat. ,
�� 4. That the above described property will be restricted to the development of
that property into no more than three single family homes each of which will be built
. .
on its individual lot.
5. Any homes built on the above-described property shall comply with the
following: C'�'C
A. The r;ini-^un elevation for_the ground floor of the homes
_.� __L �, ��a�shall .be one foot above the in-,mediately ad j acent finished
�.,., ,.�, ..� �,�round level or °32 .�, �•:hichever is hi�;her.
B. The homes shall be built at least 75 feet from the lakeshore of
Lake Minnetonka.
C. The homes must meet the State Building Code.
D. The homes must comply with the applicable rules, regulations,
ordinances and laws of the City consistent with the variances granted herein .
F.. Each home shall be constructed in such a way so that the gray water
from each home will be treated in a gray water on-site disposal system, subject
to approval by the City, which syste� will be ].ocated as shown on Exhibit B. That
area shall be sufficient in size to allow for the primary treatment site and an
alternative site.
�--
. F. Each home shall be built so that the toilet wastes shall be collected
in a holding tank, subject to approval by the City, which holding tank shall be
pumped as necessary by the owner of the home.
- G. The area to be utilized for the gray water disposal on-site systeID
shall_be described_in an easement--for the benefit of the three lots or shall be
a separate outlot, the ownership of which shall be by a homeowners' association,
or some other legal arrangement to insure that the owners of the three lots share
equally in _the cost of the ownership of that lot or easement, the maintenance,
repair or replacement of the gray water on-site disposal system; the agreenents
therefor shall be subject to the approval of the City Attorney.
6. Variances are hereby granted f or each of the proposed lots as shown
on Exhibit B as f ollows and shall be valid for ten years:
A. Lot Area: The average minimum lot area shall be 21,780 square feet
including its share of the outlot f or on-site sewer system.
B. Lot Width: The minimum lot width shall be 75 feet.
C. Minimum setback from Private or Public Roads: 20 feet.
D. Minimum setback fron Side Lot Lines: 10 feet.
�_
E. Minimum Distance Between I3ouse: 20 feet.
7. The area on Exhibit B with approxinately 1Q0 feet of lakeshore between
the road and the lake at the Northwest corner of the property may be subdivided
. . , ..
off as a separate parcel of land in such a way that it can be combined with a (�"/
buildable parcel of land within 2,000 feet of said parcel as an accessory outlo
for the purpose of giving the buildable lot access to Lake'Minnetonka. �asd-
�. �rt-t�re-��-e€—�•I�e-se��e€ �he €-�na�-�e� ��-t�e '�a i *� • �
.-i. *t,_ t..� ,a=,s� • .,F •a,.�.- „,
i�=�� * •
This p�rcel of property shall be subject to an open space easement, in a
form acceptable to the City, to insure that it can only be used for the placement
of one single family dock� and only after combination with a buildable lot as above.
8. During the calendar year 198�, the Owners may apnly for a permit to allow
for the use of the property and the existing docks in front thereof as a limited
commercial marina, and the City shall grant a permit for 1980 for the marina which
commercial marina shall be limited as follows:
A. No more than a total of 55 boats may be stored on the premises or at
slips attached to the dock or moored in front of the property during 198�.
B. There may be no �,�inter storape of boats on the property.
'�^ C. Ido structure shall be constructed, erected or placed above or upon
the property, including without limitation, docks, piers, signs, billboards, hard-
cover or roads of any nature whatsoever, accessory buildin�s, or any other structure
or improvement which is not presently existing, on the property, which is limited to
one storaue shed and the present docks, except that portable toilets as necessary and
a garbage dumpster may be erected. �
D. The present docks may be reconstructed in the same position that they
are presently and in such a way as to make them safe for the 1980 boating season
subject to plans to be first approved by the City.
9. During any time period in 1980, when the property is used in any way for
commercial marina purposes, no occupancy permits for single family residential
structure on any nortior. of the property will be granted.
10. As of December 31, 1980, all commercial marina activity of any nature
shall have ceased and all docks and Piers in front of the property shall have been
re�noved, all boats and boating materials and other structures related to the com-
mercial mar�n�t activities shall have been removed frotn the property.
11. In addition to any other remedy the City may have, the covenants and
restrictions contained herein may be enforced by injunction.
12, Any violation by the Ou�ners of the restrictions and covenants herein
shall constitute a misdemeanor and may be punishable by up to $5�0 penalty and
�- 90 days in jail for each day of offense and violation.
13. All the provisions hereof shall run with the property and shall bind
the heirs, successors, representatives, grantees or assigns of the Ow-ners and
the Owners agree that this agreement or a short form thereof at the City's discre-
- 3 -
.. . ....
- tion, may be filed in the chain of title for the property and the Owners agree to
execute whatever documents are necessary to insure the filing of this agreement
or a short fo� thereof.
14. The above described property is hereby rezoned from B-2 to LR-lA.
15. Owners hereby release the City, its employees, agents and elected
representatives, from any and all prior and present causes of action, known or
unknown, including but not limited to the rezoning of this property .as provided
for herein, the denial of the 1979 marina license for the property, and the negotia-
tion for and execution of this agreement.
16. The variances granted herein and the approval of the final plat for the G�
property shall be rescinded and be null and void if the Owners breach the terms o
this agreement and the owners fail to cure the breach within 10 days of notice
thereof . ?:� s��� eve��,--r����e �e�eieF��-t a���--�-P-�z ~
�'��,1Q f�m't�� l r�Y t�i t}i rinP }�n c tl-iaronn�
J
17. In the event Ot.�ners submit a final plat in 1980, in compliance with this
agreement and the City has not approved the final plat �oithin 90 days thereof, as
provided herein, then this agreement shall be null and void and the change of the
property from B-2 Lakeshore Business District to LR-lA One Family Lakeshore Residential
District shall be invalidated and the zoning of the said property shall revert back
to B-2 Lakeshore Business District use.
�� 18. This offer by Qwners shall remain open for�cc,e�a� and shall be binding
` upon the Owners if signed by the City by � �
19. City releases Qwner for having operating a Marina in 1979 without a permit
and waives any rezoning f ees and licensing f ees due under the terms of this agree-
ment_
CITY OF ORONO
.. -- BY:
- . [dilliam B. Van Nest, Mayor
And
Walter R. Benson,
Clerk/Administrator
�_ -
ames �cCle�ar _ _
� 1�
-- , Ca olynne- M.- 3�IcCleary
� �� � �0
\
- � Cit� o� ORONO
RESOLUTION OF THE CITY COUNCIL
� NO. 1135
• - • •
A RESOLUTION ESTABLISHING AND LEGALLY DEFINING
THE LOCATION OF THE N�ETROPOLITAN URBAN SERVICES
AREA WITHIN THE CITY OF ORONO
WHEREAS , the Metropolitan Council has established a
region-wide Metropolitan Urban Services Area (MUSA) within which
will be provided metropolitan urban services; and
WHEREAS , areas outside of the MUSA will not be provided
with urban services and are expected to remain rural in nature; and
WHEREAS, the line dividing the urban services area from
the rural services area passes through the City of Orono; and
WHEREAS, the exact location of said dividing line is of
the greatest importance to Orono' s Comprehensive Planning Process,
NOW, THEREFORE, BE IT RESOLVED, that the City Council of
the City of Orono hereby establishes and locates the MUSA within
-- the City of Orono as legally defined below, and as shown on the
official Urban-Rural Service Area Map, dated the same date as this
Resolution, as prepared by Bonestroo, Rosene , Anderlik & Associates, Inc.
No changes shall be made in the MUSA area or the MUSA line location
except by subsequent Resolution of the City Council and concurrent
amendment to the Community P4anagement Plan of the City.
All land within the City of Orono shall be located in the Rural
Service Area, except for the land located within the Urban Services
Area as legally defined herein:
PART I
Commencing on the west line of Section 7, T117N,R23W, 1628.66 feet south
of the northwest corner; thence easterly 400 feet parallel with the north line
of the SW� of the NW� Sec. 7; thence northerly 300 feet parallel with the west
line of Sec. 7 to the north line of the SW� of the NW� , thence easterly along
the north line 365 feet + to a point on the centerline of Highview Avenue 30
feet south of the SW corner Lot 96 Tonkview Gardens; thence northerly 558.5
feet along the west line of Lot 96 to the NW corner; thence easterly 568 feet
PAGE � OF �7