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HomeMy WebLinkAboutResolution 1001 ` � � . , . �' ' � � . RESOLUTION N0. 1001 , � . . . ' � . A RESOLUTION DIRECTING STAFF ,' . � . '� TO ISSUE A COrII�IERCIAL DOCK LICENSE � � ' - . TO MINNETONKA BOAT WORKS, INC. . , _ - � . � � SUBJECT�`TO CONDITIONS NOTED HEREIN � . . � ` �. FOR THE PERIOD OF JANUARY 1, 1979 TO DECII�ER 31, 1979 . .� '.f.;, . �-F ' � . . . . ' � - . _. -: .,WHEREAS;, ,.the :City� of Orono, hereinafter "City", is a • municipal corporat`ion 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 , � ' . � ': � . , � .WHEREAS,� within the City there exist several commercial � marinas,'�`hereina`fter "marinas" engaged in business activities . `including'but not ��imited to the �following: �: � . ' � � 1. . " The sale of new and/or used boats, boating equipment, • • . ' . " boat accessories and recreation equipment. . � ,, � ; 2. The storage, sale, xental, lease, repa3.ring and/or servicing of boats and boat equipment. ' .� . . � . . ' _ � .3. T'he 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 limi.ted number 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 detri_mental to the public health, safety and general welfare and is therefore subject to � reaso�able regulations by the City; and . • � WHEREAS, 'it is the overriding concern of the City to � eliminate the� unique problems presented by increasing boat densityt . � " hardcover tratfic densit storm water runoff and noise or other . � , y� . public nuisances in the area of the various marinas; and . � " . � ' ~ . - . . . �.. � � ' � , � . ' ' . . .ul J' • . S � . � ' ' • �. . . .. - � ' ' . � .. ' . . . - . . . . Resolution No. 1001 � . Page 2 ' -.} � - _ . ' . . WHEREAS, because of the g�ographical location of the , marinas and their proximity to heavy ,population, and the access to " , . marinas by county and city roads, and ttfe generaY use of the bays of Lake Minnetonka _for recreation by way of swimming, boating, fishing and water sports by the citizens of Orono, the City regulates both the on-land activities of aiarinas and the extensions of docks and mooring areas into I,ake 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 f ��'� ..� . : � . � � • ,- ,.WHEREA'S,y the City shares concurrent 3urisdiction over' .the . • ' primarp harbor limit of the City of Orono wit�i the Lake Minnetonka _ Conservation District and the Department of Natural Resources of . • the State of Minnesota; and . � ' . - . . �r . . • . � . � .. � � � � 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 insure 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 regul�te the property rights of the riparian. owners both as to � � single family residential owners and the commercial marina owners, � , to the extent, prohibiting anp interference with the pu.blic -waters . adjoining that property. The LMCD, DNR .and City of Orono must fulfill , their trusteeship over the public waters by protecting agai.nst inter- ference 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 enjoym�t . � 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 �r.ight. 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 . • , . ' . • � . � - . �, ',, - ' . : , Resolution No. 1001 ' � • ' � Page 3 ' . � �` - : - . WHEREAS, as the population has increased around Lake � , Minnetonka, and in the 1�ain City �Area generally, it is clear that. � - more and m;ore people ha�e 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 Minnetonka is capable of substantial beneficial � public use `only as long�"as .all ripari�n users of the lake are regulated in such a way�as to insure thefe is no abuse of the limited riparian rights; and ° ..�°., � 3. . . •> > �'r . . • � • . � =. WHEREAS; � the marina as a commercial riparian owner only has limited riparian rights inc'ident 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 putilic. 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: T'he marina$, � for private commercial gain wish to temporarily and, in fact, pernaanently alter the use 'of the surface water in Lake Minnetonka. Certain sections . � of the lake, once. a source of excellent fishing, have been converted . � ar�d, 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 water is paramount . and should take priority over excessive riparian use for co�nercial � 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 intu Iake Minr�etonka 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 points along Lake Minnetonka. Such co�ercial transfers of the riparian rights of Lake Minnetonka have resulted in an abuse of • reasonable riparian access to Iake Minnetonka. Such abuses must be qualified, restricted and subordinated to the paramount rights of the . public to the public waters of Lake Minnetonka; and , `. . . ' . , � . " ; Resolution No. . � 1001 . , � Page 4 , � � . , - � , . � . " WHEREAS, as a condition to the issuance of the 1975 commercial � marina licenses, each co�aercial marina operator agreed with the City in writing to an Operations Agreement outlining a three-year phased i�rovement program established to replace natural vegetation previously r�moved, 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 rea'sonable, performance standards � ielating to the nonconforming 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 � � pa�lic 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 C'hapter 73 of the Orono � , . I�f�micipal Code regulating• commer:cial marina aperations, Section 35.100 � of the Orono Zoning Code regulating the use of lakeshore business di.strict .pr,operty and the 1975�,Operations Agreement are in full ° cu�aformity with the-applicable regulatioris and. intents -and purpose of t�ie' Lake Minnetonka .Conservation District's �regulations � for- c�e�cial marinas and . the State of Minnesota, Department of Natural Resources' regulations ,for protection of public'waters; and ' � � �WHEREAS, the purpo§e of this Resolution is to set forth _ t�e above noted general conditions and concerns and the following special conditions as they relate to an application for an annual ' . . Ca�ercial Dock License described on Exhibit A attached. � , . NOW, TAEREFORE, BE IT RESOLVED, that the City Council of , t=e City of Orono hereby directs .the staff to issue a Commercial Dcck License according to the facts and conditions noted on 'Exhibit A ��tached. � � � � . ' � � Ac�pted by the City Council of the City of Orono at their meeting on � t=e 27 day of Februar� , 19 g //./�� � . • � William B. ' an Nest, Mayor � AiEST: ' • . 'S' . �6� . • .... ..�:t'�.. •'I. .1 . . •• , • ' ..�. .. . . . . . .� . • . . � . � . ... � .. j �_lter R. nson, Clerk/Administrator � � ' ' .. . . . .. • . � . , i . ` ' � . " , � . . ' ' - CITY OF ORONO - ' • � • , EXHIBIT A RESOLUTION N0. �� � CONDITIONS OF ISSUANCE FOR ANNUAL CONII��ERCIAL DOCK LICENSE � � I, LICENSEE Minnetonka Boat Works Inc. - � � Address 1449 Shoreline Drive . � Period �:" January '1, 19 79 to December 31, 1979 � II. BOAT DENSITY �"'� � • . � . The �number of in-place boat slip.s, lifts and buoys shall not exceed the number shawn on the attached plan, Exhibit B,,-� and in accordance with Resolution 938 , in no case shall the number of authorized boat sl,ips, lifts, buoys, or dry stack slips exceed the ntmmber permitted �in the � prior year's license. � . . . • Authorized Summer Density per attached plan: . ' � $$y ' , Browns ' 1'a�}ager .akP � - . Transient Slips _ 1 0 . � � Rental Slips � 40 25 . . Company Slips � � 0 � � . _ Suti-Total: Slips at Docks 41 25 . Off-Shore Buoys � 0 0_ � . . �' Maximum Boats in Water 41 �5 . 66 � Dry stacked slip for use in lake . � - Maxi_mum Boats in water per prior license � 66 � Other Boats (for sale/service, etc.) 4 ' MAXIMUM BOAT DENSITY ON LAND AND/OR IN •WATER 70• Exceeding this maximt� 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 Nlunicipal • Code. - Authorized Number of Winter Stored Boats 55 . . � . ' � EXHIBIT A _ � � � ' � � Resolution No. 1001 � • Page 2 . . III. DOCK LAYOUT (reference E�hi�it B attached) � Maxim�mn authorized length of main dock 125 � 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 suc� illegal �structures. All such violations are subj ect to prosecution under �Sections 35.100 and 73.010 of the Orono •-� � Municipal Code. :� _ _ , . Ip. 'Marina � (is not) authotized for FUEL SALES subj ect to � , � compliance with the State Fire Code. � . V. -Required n�ber of OFF-STREET� PARKING SPACES �40 . � . � All such spaces must be maintained available on� the pr�perty - during all summer season hours of operation. VI. SPECIAT,. CONDITIONS required for compliance with the ordinances . nf the City and/or the LMCD. � The issuance of this license is subj ect to full compliance with these conditions. Failure to ' _ comply with these conditions is cause for license revocation and/or prosecution by the City. NONE � . � VII. Nothing in this license shall confer upon any person for the ' ' benefit o.f any property any�vested right to use Lake Minnetonka � � or the premises in a manner permitted bp this resolution, but the use of Lake Minnetonka and the premi.ses shall remain sub3 ect 'to such regulations and ordinances as the City and o:ther competent regulatory authorities� shall deem necessary from time to. time in � the public interest. � ' . � .� � . . . . . . . . . . ; J._'_- . ,r� �i�•i. . . • . . ' � � ,r f . � �a�► �tAa � - � , . �� _,��yrair /3 . � . V ' �_i——� � � - �,foC. Nm, iool �� `-`� �3 . . _� � . t�{-v .� � • + •* . . � . � �.•� �� • ` . • . •� . f t • ���: /�!� �4y�. �+• • � • . Y _ ,� �yj.. � ' � . � . . _ � . . * , �/' �� - �'�' � �' � � � . . . �.�" � '�� � � � � . . , r�1� . . .. • _`__ __ _''�' / . , . ' .-� ,�' +, - ' . /' . " ' . . . � ' ..` �' � . � . . . � �.�.7 ♦ , . / . , • ` �n. �-• ` j � .°,L ,t `! � . . . ` . � / ' ' ' . . . � . 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