HomeMy WebLinkAboutResolution 1152 4
Clt� o� ORONO
RESOLUTION OF THE CITY COUNCIL
• NO. //S�.
• � • • '
A RESOLUTION DIRECTING STAFF TO
ISSUE A COMP�LERCIAL DOCK LICENSE
TO WINDWARD MARINE
SUBJECT TO CONDITIONS NOTED HEREIN
FOR THE PERIOD OF JANUARY 1, 1980 TO DECEMBER 31 , 1980
�vHEREAS , the City of Orono, hereinafter "City" , is a
municipal corporation organized and existing under the laws of the
State 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
6vHEREAS , within the City there eYist several commercial
marinas , hereinafter "marinas" engaged in business activities including
but not limited to the following:
' l. The sale of new and/or used boats, boating equipment,
boat accessories and recreation equipment.
. 2. The storage, sa1e , 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 buovs on the public waters for purposes of
operating the above noted business activities and for
rental or lease of such space to a limited number of
the general public for storage of individually owned
boats .
AND Tr��H�R�AS , the City Council has determined that if
unregulated, suc'r� corr�:ercial activity on or near the public wateYs
anc on th� land wi�hin tne City may be detrimental to the public
health, safety and gen�ral welfare and is therefore subject to
reasonable regulati.ons by the City; and
�
4vHE Re,AS , it is tne overrininc concern of the City to
eliminate the unique problems presented by increasing boa� density,
haracover, traffic density, storm water runoff ann noise or other
�,
public nuisances in th� area of the various marir.as; and
PAGE 1 OF 4
l
_ clt� o� oR,oNo
RESOLUTION OF THE CITY COUNCIL
• No. J/J"Z
. - . .
� � �
Zti�HEFEAS , because of the geographical location of the
marinas and their pro}:imity 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 stiimming , boating,
fishing and water sports by the citizens of Orono, the City rec?ulates
both the on-land activities of marinas and the �extensions or docks
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 rnarina 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 Minnetonka
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 Orono 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 ma��
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 right 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�
,
__ � Ci.t o� ORONO
�
RESOLUTION OF THE CITY COUNCIL
• No. ,,/�SZ
• - • •
�
FrHEREAS, as the population has increased around Lake
Minnetor.ka, and in the Twin City Area oenerally, it is clear that
more and more pcople have used the L�ke for sailing, rok�ing , fishing,
boating, bathing, skating , and other public pur�oses which cannot
be now fully enumerated or even anticipated; and
WHEREAS, Lake A4innetonka 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 tact, 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 sections of the public waters on
Lake Minnetonka by having extended their docks out into Lake Minnetonka
beyond the point of navigability 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 poinLs along Lake Minnetonka. Such commercial transfers
' of the riparian rights of Lake Minnetonka have resulted in an abuse of .
reasonable riparian access to Lake ?�linnetonka. Such abuses must be
qualified, restricted and subordinated to the paramount rights of the
public to the public waters of Lake Minnetonka; and
PAGE 3 OF 4
� �
_ Ci.t� of ORONO
RESOLUTION OF THE CITY COUNCIL
• NO. //S 2-
• - • •
� '�i
t�'��Fti�S , as a condition to the issuance of the 1975 commercial
marina licenses , eacr_ com�-�ercial marina operator agreed with the City
in wr��inc to an Operdtions hgrc-ei��ent outlining a three-year phased
im�rovF;�:ent .�rocram esTablished to replace natural vegetation previously
Z"EIl-lOVEC� t0 �tGV1Ce i0?' anequate SLOr'l� �nciter runoff controls � t0 provide
for open space and v�getation bufrers between the mar.ina 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 rea,uirements of Chapter 73 of the Orono
rlunicipal 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.
Adopted by the City Council of the City of Orono at thei meeting on
the „7'=d day of 6�j.�,,�Q _ , �9�0 .
t. i l am B. Van Nest, Mayor
ATTEST:
�`..
�.;'
�ti'alter . Benson, City Administrator
PAGE 4 OF 4
CITY OF ORONO
�/ EXHIBIT A
RESOLUTION N0. /�
� CONDITIONS OF ISSUANCE FOR ANNUAL COMMERCIAL DOCK LICEN�E•
I . LICENSEE Windward Marine
Address 1444 Shoreline Drive
Period January l , 19 80 to December 31, 19 8�
II . BOAT DEI�?SITY
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 permitted �in the
prior year ' s license. ••
�- Authorized Suimner Density per attached plan:
Bay Tanager Browns
Transient Slips 0 0
Rental Slips 40 35 + 9
Company Slips 0 0
Sub-Total: Slips at Docks . 40 35 + 9 ,
Off-Shore Buoys 0 -0- 30
Maximum Boats in Water an 35 + 39 75+ 39
Dry stacked slip for use in lake � Not shown
Maximum Boats in water per prior license 118
Other Boats (for sale/service, etc. ) 4
MAXIMUM BOAT DENSITY ON LAND AND/OR IN WATER 79+ 39
F�ceeding this maximwn boat density, or exceeding the number of permitted
slips , lifts or buoys is a violation of this license subject to revocation
and/or prosecution for violation of Section 73. 010 of the Orono Municipal
3de.
Authorized Number of Winter Stored Boats 74 �r 1979 license
Exhibit A
,�" Resolution No. //S'Z
Page 2
III . DOCK L-AYOUT (reference Exhibit B attached)
Maximum authorized length of main dock 200 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.
All such violations are subject to prosecution under Sections 35 . 100
and 73. 010 of the Orono Municipal Code . The application and site
plan received March 18 , 1980 contain structures extending beyond
the dock use area of the existing B-2 Lakeshore Commercial Zoning
District. Council has agreed to approve the issuance of a 1980
marina license based on the same dock layout in place in 1979
pending resolution of rezoning agreement.
IV. Marina is not authorized for FUEL SALES subject to compliance
with the State Fire Code.
ti
V. Required number of OFF-STREET PARKING SPACES 48 .
j'� All such spaces must be maintained available on the property
during all summer 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. Because of the ,time involved in satisfying the numerous
conditions cited in the rezoning agreement, the City by this
Resolution will issue a 1980 Commercial Dock License based upon
the same dock configuration as existed in 1979 thus allowing
continued commercial dockage during the interim.
2 . Approved Dock Plan - Exhibit B attached. This license is ' �
granted on the basis of the dock plan attached as Exhibit B.
All slips and dock arrangments are approved as in 1979including
those slips and moorings north of the existinq B-2 zoninq district
boundary which are approved temporarily as in the 1979 amendment to
Resolution 1023.
3. Dock Plan not approved for 1980 season - Exhibit C attached.
The dock proposal attached as Exhibit C is not approved and may
not be installed prior to formal amendment of the existing zoning
�, district boundaries .
EXHIBIT A
Resolution No.//,f2--
Page 3
VII . 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 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.
�
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