HomeMy WebLinkAboutResolution 1023 � ; .
• RESOLUTIOn� N0. 1023
A RESULUTION DIRrCTING STAFF ,
TO ISSUE A COA�";ERCIAL �OCK LICENSE
TO WINDWARD NIARINE
SUBJECT TO CONDITIONS NOTED HEREIN
• FOR THE PERIOD OF JANUARY 1, 1979 TO DECBMBER 31, 1979
WHEREAS, 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 � . � .
� WHEREAS, within the City there exist several com�-nercial
marinas, hereinafter "marinas" engaged in business .activities
including but not limited to the following:
• 1. The sale of new and/or used boats, boating equipment, •
boat accessories and recreation equipment.
2. The storage, sale, 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 buoys on the public waters for purposes of
operating the above noted business activities and for
rental or -lease of such space to a limited nu�-nber of
the �general public for storage of individually owned
boats .
AI�D WHER�AS, the City Council has detennined that if
unregulated, such conmercial activity on or near the public waters
and on the land within the City may be detrimental � to the public
health, safety and general welfare and is therefore subject to
reasonable regulations by the City; and
,.• tti7HEt��AS, it is the overriding co�cern of �the City to
, eliminate the unique problems presented by increasing boat density��
hardcover, traffic density, storm water runoff and noise or other
public nuisances in the area of. the various marinas; and .
,
,.Reso�ution I�o. 1023
Paoe 2 .
�
T�iNEREAS, because of the geographical location of the
marinas and their proximity to heavy population, and the access to
marinas by county �nd city roads , and the general use of f.he bays
of Lake Minneton'�ca for -reereation by �aay of scaii:�ming, boating,
fishing and water sports by the citizens of Orono, the City regulat�s
' both the on-land activities of marinas and the extensions of docks �
and mooring areas into Lake Minnet�nka in the interest of public
order and to protect the life, safety and welfare of the community.
The City through its reg�lations is not licensing boats but is only
licensing the maYinas to the extent the marina operations affect
the general public and the• adjacent properties within the City of
Orono; and
, WHEREAS, the Cif�y 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 Mii�.nesota; and
WHEREAS, the regulation o.f 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 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 City of Orono must fulfill
their- trusteeship ove� the public waters by protecting against inter�
ference by anyone, including those who assert the commonlaw rights of
riparian owners, whether or not they be corr�nercial marinas or single
family residential otaners; and
� WHEREAS, as to Lake Minnetonka, a �r►utual right of enjoyment
exists bet�aeen and :is shared by riparian owners and the public generally.
The marinas have no exclusive privileges over Lake Minnetonka. 'I'he
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 useQ
the entire surface area of ?�ake Mznnetonka for all suitable purposes in
• co��u-�on with all other ripai ian o�v-ners . This right is a right not only
to the members of the public but the right to each riparian owner.
This nutual right of enjoyment which is shared by� riparian owners and
the public generally includes the recreational �enefits of the lake
such as boating and fishing therein; the riparian marina has no
exclusive privileges to these rights ; and
' -
.
R�solution No. 1023 � •
. Page 3
47hEREAS , as the population has increased around Lake
Ninnetonka , and in the 1�ain City Area generally, it is cl�ar that
more and more people have us�d the lak e for sailing, rowing, fishing,
boating, bathing, skating, and other public purposes which cannot
be now fully enumerated or even anticipat�d; and
WHEREAS, Lake Minnetonka is capable of substantial beneficial
public use only as long as all ri�ari�n users of the lake are regulated
in such a way as to insure the're is no �buse of the limited riparian
rights ; and � • - �'
j�JHEREAS, the marina as a commercial riparian o�,mer only has
limited riparian rights incident to the ownership of real estate
� . bordering upon Lake Minnetonka. 'IYhe 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 circul-nstances 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 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 exc�ed a reasonable use of their limited ri�arian rights ; and
WHEREAS, the most general public use of water is paramount
and should take priority over excessive riparian use for commercial
purposes of the lake by th.e marinas; and -
WHEREAS, the mazinas have separated and disassociated from
the noi-mal riparian rights in many sections of the public waters on
- Lake Minnetonka by having extended their docks out ini� Lake Minnetonka
beyond the point of navigability and have transferred tnose rights to
others who do not have riparian rights and who are not me�nbers of the
� general public t•�ho obtain access and use of Lake M�nneton�:a by 13.se of
the public access points along Lake Minnetonka. Such com�-nercial tra�sfers
of the riparian rights of Lake Minnetonka have resulted in an abuse of
reasonable riparian access to L.ake Minnetonka. Such abuses must be
qualified, restricted and subordinated �o the paramount rights of the
public to the pLblic waters of Lake Minnetonka ; and
"Resolution I1o . 1023
Page 4
�
WHEKEAS, as a condition to the issuance of the 1975 corr�nerczal
marina licenses, each commercial marina operator agreed with the City
in writing to an Operations Agreement outlining a three-year phased
improvement program established to replace natural vegetation previously
rernoved, 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 reasonable perforznance standards
relating 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 af 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 requirements of Chapter 73 of the Orono
Municipal Code regulating commercial marina operations , Section 35. 100
! of the Orono Zoning Code regulating the use of lakeshore business
district pr�perty and the 1975 Operations Agreement are in full
conformity with the applicable regulatioris 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 their meeting on
the 3rd day of _ April , 19
V
� illiam B. Van Nest, Mayo
ATTEST: �
L��-��������i�--�--
Alberta Strom, Deputy �lerk
CITY OF ORONO • � •
• EXttIBIT A
RESOLUTION N0. 1023
CO:�DITIO'_�S OF ISSUAIvCE FOR ANI�U!�L COT��IERCIAL DOCK LICE?vSE
I, LICENSEE Windward Marine "
Address 1444 Shoreline Drive
Period Janua-ry 1, 1979 to December 31, 19j9 .
II. BOAT DEi�SITY
The number of in-place boat slips , lifts and buoys shall not �xceed the
number sho�,7n on the attached plan�, Eahibit B, and in accordance with
Resolution 938� , in no case shall the nu�-nber of authorized boat slips,
lifts, buoys, or dry stack slips exceed the number permitted �in the
prior year' s license.
• Authorized Summer Density per attached plan:
. Bay , . Tanager Lake Browns
, Transient Slips . 0 0
Rental Slips 40 35
Company Slips . � �
Sub-Total: Slips at Docks 40 �5
Off-Shore Buoys " . � 0
I��aximum Boats in Water 40 35 75
Dry stacked slip for use in lake Not shown
Maxi.l-num Boats in water per prior license 11R
Other Boats (for sale/service; etc. ) 4
MAXIMUM BOAT DEAISITY ON LAND AND/OR IN WATER 79
Exceeding this maximum boat density, or exceeding the number of permitted
slzps, liTts or buoys is a violation of this license subject to revocation
and/or prosecution for violation• o� Section 73. 010 of the Orono Municipal
.• Code. .
Authorized Nurnber of Winter Stor�d Boats 7!+�er 1978 license
EXHIBIT A
• Resolution No. 1023
Page 2
III. DO�K LAYOUT (reference Exhibit B attached)
Maximum authorized length of main dock 200 feet.
Docks extending beyond 200 feet 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 received January 31, 1979 and
the revised plan received March 6, 1979 contain structures
extending beyond the dock use area of the B-2 lakesho,re coinmercial
� zoning district. This license is issued on the basis of the same
dock layout inplace in 1978: .
IV. Marina is not authorized for FUEL SALES subject to compliance
with the State Fire Code,
• V. Required number of OFF-STREET PARKING SPAi,ES 48.
All such spaces must be maintained available on the property
during all summer season hours of operation.
,
VI. SPECIAL �ONDITIONS 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.
1. Because of the time required for the applicant and the City
to properly review proposed dock construction extending beyond
� �urrent zoning district boundaries, the City by this Resolution
will issue a 1979 Commercial Dock License based upon the same
' dock configuration as existed in 1978 thus allowing continued
� commercial dockage duririg review.
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 arrangements are approved as in 1978 EXCEPT
that slips and moorings north of the existing B-2 zoning district
• boundary are denied.
3. Revised Dock Plan Not Approved - Exhibit C attached. The
revised dock proposal attached as Exhibit C is not approved
and may not be installed prior to amendment of the existing
zoning district boundaries. Separate application and review
as required for such amendment.
EXHIBIT A
• Resolution No. 1023
Page 3
4. Application No. 467 is pending for review of proposed
shoreline rip rap and crane pad replacement. �
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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AMENDMENT TO �
RESOLUTION N0. 1023 �'
,
WINDWARD MARINE ;.
1979 COMMERCIAL DOCR LICENSE � ''
WHEREAS, Resolution 1023 was adopted on April 3, 1979, thereby granting �
a 1979 Commercial Dock License for 75 slips to Windward Marine in accordance
with the approved dock plan, Exhibit B, which license specifically excluded
approval for 9 additional slips and 30 moorings (buoys) located north of the ,
official zoning district boundary line, which slips and moorings have been
licensed by the City in 1977 and 1978; and • �
WHEREAS, the loca�ion of the zoning district boundary are in dispute;
and �
WHEREAS, Mr. James Rivers and Windward Marine have in past years worked �
in good faith with the City in improving the appearance and operation of the I
marina and have made substantial improvements and entered into lease agreements
for the 1979 boating season in the belief that the operations in 1978 and prior� �
qears were within a proper commercial zone; and
WHEREAS, Mr. James Rivers and Windward Marine have requested the City
to permit continued lease and use of the subject 9 slips and 30 moorings for the
• 1979 boating season with the understanding that such authorization would not
constitute an admiasion on the part of the City that Mr. Ri.vers is entitled to
use the disputed property for commercial purposes in any subsequent year or an
admission on the part of James Rivers that he is not entitled to use said pro-
perty as he has been using same in prior years.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
Orono hereby amends Resolution No. 1023 and the 1979 Commercial Dock License of
Windward Marine to permit- use of all 84 slips and 30 moorings shown on Exhibit B
during the 1979 boating •season, without a commitment by the City to license or
permit such use in any subsequent year, while the City and Windward Marine
investigate the issues and alternatives surrounding the proper zoning district
boundary location as a good faith effort by the City to continue the working
relationship with Mr. Rivers and Windward Marine. `
This license amendment ahall be effective upon agreement by James
Rivers and Windward Marine to the stipulation that this approval is for the 1979
boating season only and does not constitute an admission on the part of the City
to the continuation of such use of any subsequent year.
I (we) hereby agree .to the above stipulation with the express
uriderstanding that I (we) do not waive any egisting �or future right to contest
any determination by the City Council regarding the location of the zoning
district boundary or the existance of a non conforming use.
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• AMENDMENT TO
RESOLUTION N0. 1023
Page ,
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f, `/1./`i,,�J-3._ ..., _ .
ames P. Rivers, Windward Marine, Inc. Date :
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Mar: H. Rivers, Windward Marine, Inc. Da e
The City Council hereby agrees to undertake a full review of the issues involved
in determining a proper zoning boundary location in the area of Windward Marine.
Adopted as an Amendment to Resolution No. 1023 on this � � day of 71�n P ,
1979.
F.�r �� ,
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• ���`�X��C���KX��R��t �
Walter B. Massengale, Acting Mayor j
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ATTEST:
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� Walter R. nson, Clerk Adminis ��ator
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