HomeMy WebLinkAboutResolution 822. f,
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RESOLUTION NO. 822
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A RESOLUTICIN DIRECTING STAFF TO ISSUE
A LIGINSE TO CINYLE' S ' MINA
FOR A 01-M RCIAL BOAT DOCK BUSINESS
FOR THE TBE PERIOD FROM JANUARY 1,
197731 TO DFCBiBER 31, 1977, FOR THE
PURPOSES AS SET FORTH HEREIN AND SUBJECT
TO THE CONDITIONS SET FORTH HEREIN.
sl3EREAS, 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
1,11EREAS, 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
KEREAS, 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
MiEREAS, it is unlawful for any person to operate a coi--nercial 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
MiEREAS, 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 -
MERE4S, as a condition precedent to the granting of any license pursuant
to Chapter 73 of the Orono Minicipal 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
1977, and WHEREAS, the applicant has filed an application seeking a license for
I%TEREAS, 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
hHEREAS, as a condition precedent to the granting of any license pur-
suant to Chapter 73 of the Orono bfimicipal 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
I%UEREAS, 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
RIJEREAS, 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
MEREAS, 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
I�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 ray 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 willproceed" iri' good
faith and will complete all requirement of Chapter -73 prior to November 15, 1977,'
or will on or before November 1S, 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.
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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 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 kater 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.
Nh
Should any section or provision of Chapter 73 of the micipal 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 tank,'.
storage areas and structures which are shown on the; site plan drai;M accurately rto . _
scale attached hereto as Exhibit A. The locations of,tiiose structures,'etc., shall
remain Ias 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 esires
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 road►aay 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, 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.
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. The designated
car and boat parking areas may be used for parking and for storage of boats or cars.
I%hereas the applicant's business has not created traffic problems in the past due
to the nature of his business and as long as the applicant does not change his mode
of operation to cause an increase in the traffic, the City grants a variance to the
applicant for the number of required parking spaces by requiring only:
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.
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 land-
scaped 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.
4. Fencing - Not Applicable. --
5. Completion of Planting and Landscaping. All planting and landscaping
to be doneunder this resolution shall be fully completed 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.
Planting shall specifically include planting of new trees or replacement
of existing dead trees to achieve full compliance with all 1975, 1976 and 1977
intentions as shown on Exhibit A. This totals at least 19 trees (VV caliper or
48" minimum height) interspersed with vines to achieve at least 50% opaque screening
of the entire property perimeter.
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 resolu-
tion shall be in all respects the responsibility of the applicant ufi o may then
prepare new plans and specifications and submit them to the City Council for approval.
6. The hours of operation are limited to:
AXIMMOXXUAnk 8:00 A. M. to 11:00 P. M.
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 21, 1977, are limited by Chapter 73 and the Lake Minnetonka Conservation
District and are shown on Exhibit A to be as folloi%s:
134 slips on water, maximum dock structure must conform
to 200 foot maximum projection into lake.
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 uuy 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 comparted and applicant shall pay
the fees as follows:
Annual renewal fee . . . . . . . . a minimum of $ 7S.00 $ 7S.00
Each boat slip on the water . . . . 134 1.S0 201.00
• Each boat slip on land . . . . . . 0 1.00
Total due at time of acceptance of license $276.00
C. This resolution formally sets forth the findings made by the City
Council at its meeting of September 12, 1,977
The foregoing resolution was introduced by f2wxmikawhm Mayor Van Nest
and Z.us duly seconded by Councilmember Butler The following voted in
favor of the resolution: Mayor Van Nest, Councilmembers Butler & Pesek
U
The following voted against the resolution:
Abstaining: None
Whereupon the resolution iNas adopted this 12
Att t:
T''alter R. enson, Clerk -Administrator
None
day of September 1Q11
V-`-"- -
William R. Van \cst, '!avor
Approved as to form:
ty 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
Sthe above resolution.
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Date: �
Q.
Applic
,'-By A ign.ing th.iA Aeso.2ut.ion Gayte's MaA.ina CoAp. .in no way wa.iveA .itb tight
to chattenge the const.itut.ionatity on tegaZixy of th.iz oAd.inance.
Gayte'z Matrina Cotcp. zpeci6icatty tLe,jec:�/s that panes o6 the oAd.inanee
Aequ-i,Aing Gayte'6 Ma&ina Cotcp. to move back ties dockz to 200 beet and
Aesenves the tight to po-sts.ibty ehaZZenge .that pati oS the oAd.inance, .in bu.',une
yeaA,s .
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