HomeMy WebLinkAboutResolution 815` RESOLUTION NO. 815
r A RESOLUTION DIRECTING STAFF TO ISSUE
A LICENSE TO WINDWARD MARINE
FOR A OOtAhERCIAL BOAT -DOCK BUSINESS
FOR THE TIME PERIOD FROM JANUARY 1,
19772 TO DECEMBER 31, 1977, 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 uater runoff, 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 runoff 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 <<
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WHEREAS, as a condition precedent to the granting of any license pursuant
to Chapter 73 of the Orono Nimicipal Code, the applicant shall enter into an
Operations Agreement with the -City which shall include provisions relating to all
of the requirements of Chapter 733 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 applicant has filed an application seeking a license for
1977, 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
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MEREAS, as a condition precedent to the granting of any license pur-
suant 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
114iEREAS, the Co-Lmcil and the applicant entered into an Operations
Agreertnt in 1975 specifying the extent of work expected to be accomplished to
meet the intent of Chapter 73, and
WHEREAS, the Council has worked with the applicant and licensed his
operation during the 1975 and 1976 seasons thereby allowing the applicant addi-
tional time to meet all the requirer�nts of Chapter 73, and
1qEREAS, the applicant still has not met all the requirements of
3-, but the Council desires to work with the applicant to grant him a
license for the time period of January 1, 1977, to December 31, 1977, subject to
certain conditions hereinafter set forth, so that the applicant will have an
opportunity without the interruption of his business to prepare and present
additional plans showing full compliance with Chapter 73 by November 15, 1977.
WHEREAS, the applicant has not entered into an Operations Agreement for
• 19773, and
1,„HEREAS, the applicant understands fully that any license granted pur-
suant 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 complete all requirement of Chapter 73 prior to November 15, 1977,
or will on or before November 15, 1977; present plans and post a bond as required
by 73.060_(4)_c ,guaran "on of all requirements by July 1, 1978,
NOW, ZiEREFORE, the City Council grants a license under Chapter 73 to
the applicant for the time period from January 1, 1977, to December 31, 1977, sub-
ject 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.
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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
do 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 1978 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 January 1, 1977,
to December 311, 1977. 'Me provisions of this resolution shall not supersede
any ordinance of the City or other competent regulations which are more restric-
tive 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.
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.
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. 72 parking spaces in order to serve the boat slips on
water or on land shown on Exhibit A.
b. 13 additional parking spaces in order to serve 1500
square feet of the floor area, including warehousing
• and all outside sales and storage areas related to
the sales and service functions.
c. There are no ramps to be used to launch boats- awned
by the public for the day from trailers. Not
applicable since applicant requests no public
launching ramps.
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• '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 20o 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. The parking on the residential
lot at 1442 Shoreline Drive is to be used 6nly for overflow summer auto parking and
not for any commercial storage or boat parking.
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 land-
scaping area are designated on Exhibit A and supplemented by Exhibit B.
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 minimum landscaping areas for
the premises shall be landscaped and planted with
evergreen and deciduous shrubs and trees in accordance
with the landscape plan shown on Exhibit A, specifically
two new trees and a green area north of the sales build-
ing.
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ing .d-
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4. Guardrail. A guardrail shall be built and maintained in locations
• where designated in Exhibit A. The applicant shall construct a guardrail to
prevent the applicant's business invitees from parking on the right-of-way.
5. Commencement and Completion of Planting and Landscaping. All planting
and landscaping to be done under this resolution for this year shall be fully com-
pleted on or before July 1, 1978. 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 subsequent
resolutions, the applicant shall replace all trees or shrubs which were previously
planted pursuant to this resolution 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 com-
pleted 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 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 limited to: 9 a.m. - 9 p.m. daily.
Suitable sanitary facilities shall be available to the marina customers during
these hours as required by 73.060(5).
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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 January 1, 1977, to December
31, 1977, are as limited by Chapter 73 and the Lake Minnetonka Conservation
District and are shown on Exhibit B to be as follows:
40 boat slips on Tanager Lake (2 docks of 130 feet in length each).
78 boat slips on Brown's Bay (1 dock of 200 feet; 1 dock of 70 feet,shoredocks)
30 buoys on Brown's Bay
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 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:
Annual renewal fee . . . . . . . . a minimum of $75.00 $ 75.00
Each boat slip on the water . . . 118 slips 1.50 177.00
Each boat slip on land . . . . . . 0 slips 1.00 -
Total due at time of issuance of license . . . . . . . $2S2.00
• C. This resolution formally sets forth the findings made by the City
Council at its meeting of
The foregoing resolution was introduced by Councilmember P aurus
and was duly seconded by Councilmember ' Pesek The following voted
in favor of the resolution:
Acting Mayor Butler, Councilmembers Paurus & Pesek
The following voted against the resolution:
None
Abstaining: None
Whereupon the resolution was adopted this
Attest:
Walter��enson, Clerk/Administrator
Approved as to form:
Cit Attorney
8th day of August, 1977
William B. Van Nest, Mayor
• The license for the time period of January 1, 1977, to December 31, 1977, is
accepted by the applicant subject to the terms and conditions as set forth in
the above resolution.
Date: �e!c�ys -S— ' / % 77
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Applicant