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HomeMy WebLinkAboutResolution 816RESOLUTION NO.-, 816 A RESOLUTION DIRECTING STAFF TO ISSUE A LICENSE TO STUBBS BAY MARINA FOR A CONAlERCIAL BOAT DOCK BUSINESS FOR THE TIME PERIOD FROM JANUARY 11, 197719 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 water 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 . 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 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 WHEREAS, 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 WHEREAS, the Council and the applicant entered into an Operations Agreement 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 requirements of Chapter 73, and WHEREAS, the applicant still has not met all the requirements of Chapter 73, 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 • 1977, and WHEREAS, the applicant understands fully that any license granted pur- suant to Chapter 73 and this resolution shall rim 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 guaranteeing completion of all requirements by July 1, 1978, NOW, THEREFORE, 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. 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. 5. Nothing in this resolution shall supersede 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 31, 1977. The 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 were approved by Council on March 17, 1977, to modify the site plan 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 to 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. 42 parking spaces in order to serve the boat slips on w water or on land shown on Exhibit A. b. 12 additional parking spaces in order to serve the floor area, including 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. 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 200 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. 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 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 approved with the building plan by Council on March 17, 1977. 4. Privacy Fence. • Not applicable. 5. Commencement and Completion of Planting and Landscaping. The applicant shall commence planting and landscaping as required by this resolution as soon as the building construction schedule permits. All planting and landscaping to be done under this resolution for this year shall be fully completed before any new structure is certified for occupancy. Trees and shrubs shall be maintained in a healthy con- dition 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: 6 a.m. - 12 p.m. daily. Suitable sanitary facilities shall be available to the marina customers during these hours as required by 73.060(5). C� 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 319 1977, are as limited by Chapter 73 and the Lake Minnetonka Conservation District and are shown on the 1977 Lake Minnetonka Conservation District Application to be as follows: 2 docks - 160 ft. long 63 slips on water 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 intitial 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 . . . 63 slips 1.50 94.50 Each boat slip on land . . . . . 0 slips 1.00 - Total due at time of issuance of license . . . . . . . $169.50 • C. This resolution formally sets forth the findings made by the City Council at its meeting of The foregoing resolution was introduced by Councilmember Butler and was duly seconded by Councilmember Pe sek The following vote 1n 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 8th day of August 1977. ActinActina a or William B. Van Nest, Mayor Attest: • Walter R. , Clerk -Administrator Approved is to form: )-Z. C1"fy Attorney • 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. flY /-� - 7 • 41 t