HomeMy WebLinkAboutResolution 1030 ., ' '�� ;�
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� " RESOLUTION N0. 103�
A FESOLUTION DIR:�CTING STaFF ,
TO ISSUE A CO����ERCIAL DOCK T ICEI�SE
TO GAYLES MARINA �ORPORATION
StBJECT TO CONDITIONS NOTED HEREIN
FOR THE PERIOD OF JANUARY 1, 1979 TO DECEMBER 31, 1979
. WHERFAS, the Ci�y of Orono, hereinafter "City", is a
, municipal corporation organized and existing under the latas 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 , hereinafter "marinas" eng3ged in business activities .�
including but not limited to the following:
� 1. The sale of new and/or used boats , boating equip�ent, •
' boat accessories and recreation equipment. �
2. 'I'he storage, sale, rental, Iease, 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 number of
the general public for storage of individually owned
boats .
AND T�-HEREAS, the Ci�y Council has determined that if ,
unregulated, such conunercial ac�ivity on or near the public waters
and on the land within the City r�ay be detrimental to the public �
health, saiety and general welfare and is therefore subject to
reasonable regulations by the City; and
� WHERE_AS, it is the overriding concern of the City to �
eliminate the unzque problems presented by increasing boat density� s
hardcover, traffic densi�y, storm water runoff and noise or other
�public nuisances in the area of the various marinas ; and �
' nesolution I��o. 1030 •
Fage 2 . � • � "
�
jaHEREAS, because of the geographical location of the
marinas and their praximity to hcavy population, and the access to
marinas by county and city roads , and tNe general use of the bays
of Lake Ifinnetonka ior r�.cr�ation by way of swirn,-ning, boating,
fishing and water sports by the citiz�ns of Orono, the City regulates
both the on-land activities of marinas and the extensions of docks
and mooring areas into Lake Minnetonka in the interest of public
order and to protect the 1ife, safety and welfare of the com�nunity.
The City through its regulations is not licensing boa ts but is only
licensing the �arinas to the extent the marina operations affect
the general public and the• adjacent properties within the City of
Orono; and �
WHERFAS, the City shares concurrent jurisdiction over the
primary harbor limit of the City of Orono with the Lake Minnetonka
Conservation. District and the Departm��t of Natural Resources of
the State of Minnesota; and � .
k'HEREAS, the regulatir�n 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 regulate the property rights of the riparian owners both as to
single family residential owners and the con�nercial marina owners,
to the extent prohibiting 'any interference with the public waters
adjoining that property. The LMCD, DNR and Ci�y of Orono must fulfill
their trusteeship_over the public waters by protecting against inter-
fere�ce by anyone,. including those who assert the cormnonlaw rights of
riparian owners, whether or not they be commercial marinas or single
� family residential ow-ners ; and , �
WHEREAS, as to Lake Minnetonka, a mutual right of enjoym�n t
exists between and is shared by. riparian owners and the. �ublic generally.
The rr,arinas have no exclusive privileges over Lake Minne"tonka. T'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 �ublic t,.�aters . There can. be no dispute but that the public
gen�rally and each riparian o�aner to Lake Minnetonka has the right to use
the entire surface area of Lake Minnetonka for all suitable purposes in
com�-�on with all other riparian ow-ners . �his right 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
�he public generally includes the recreational benefits of the lake
sUCh as boating and fishing therein; the riparian �narina has no
exclusive privileges to tliese rights ; and
F.esolution No. 1030 ' � • �
• Page 3 �
jahERE.AS , as th� population has increased around Lake
Tiinnetonka , and in the T`cain �i�y Area gen�rally, it is clear that
more and more p�ople have used the lake f_or sailing, rowing, fishing, -
boating, bathing, skating, and other public purposes �Thich cannot
be now fully entimerated or even anticipated; and
. WHEREAS, I�ke Minnetonka is capable of substantial beneficial
public use only as long as all ripari�n users of �he lake are regulated
in such a way as to insure �hefe is no abuse of the limited riparian
rights ; and ' .
j�JHERE�S, the marina as a corunercial riparian owner only has
limited riparian rights incident to the ownership of real estate
� bordering u�on Lake �innetonka . '�he 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 Minne�onka
. to a point of navigab ility; but, under no ciz'cumstances 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
• suriace 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 �narinas,
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, hav e been converted
and, in fact, in the future will continue to be converted, into a
commercial enterprise a'll to tY�e detriment of other riparian ow-ners and
- the public. � The marinas present operat'ions 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 commercial
purposes of the lake by the marinas; and :
k'HEREAS, the marinas have separated and disassociated iro�
the normal riparian rights in irany sections of� the public waters on
Lake Miznetonka by hav ing extended their docks out inix� Lake Minnetonka
, . beyond the point of navigability and have transferred those rights to
� others who do not hav e riparian rights and who are not merr►bers of the
• general public who obtain access and use of Lake Minne�onka by use of ,
the public. access points along Lake TTinnetonka. Such com�-nercial transfers
of the riparian rights of. Lake Minnetonka have resulted in an abuse of
reasonable riparian access to Lake Minne�onka. Such abuses must be
qualified, restricted and subordinated to the paramount rights of the
public to the public waters of L.ake riinnetonka; and
� _ : _ . '-_ . 1030
�c� 4�
� �
_ _ _ � � � - ,'. ; :� �,� � ��- � ��e c�f the 1975 c� � -.��,_-;-c- al
_. _ , .
�-;arina licr_rses , Each co�._:,crcial ;:�-�ii�;a opcJrator ag�ecd wit_h tize Ci�y
in writi.�:g to ��n Op�rations Agic�ment outlini.�zg a tizree-year r�h,sed
-�:�:prcv�r.�:=.nt pro��r�s:n established to r��place 1iai:ural ve�etat-�.on pr�vic�-�1sly
-ic::�oved, to ��ov�_de for adeyl'�te sLOrm ��:�3t�.r rt�nof_ f contT�ols , to pro�=ioe
for open space and vedetaLion b,iffers betwe�n tl�e i���ar�.na prop�-rties
and adjoini_ng resi.denLi�l properti�s , to provide for adeqL_ate parking
and �raffic control and to provide for reasonable perfor_r„?nce sta�zd_ards
relating to the nr_�nco;zformi;zg placF=;r,�--nt and t�se of docks ai�d �oorin�
s�-,�'.cE�s upon the p�_iblic ���aters ; �nd
l��}��k��^�S, all of tlie r�qu;_rc:;ncnts of the 1975 Operations
Agre`��:�ent are re�sr.;;-=ble r rercises of the nor�:,al pol�_ce po�ticrs of the
City of Orono i.�t�nd�d to correct tne previous auuses and over��ses of
public waters ���d the congested co��-nercial �narina si�es , to coriect
for the public h-�rm caiised by such abuses and to preve.nt iuture a�use
of tne land or tne public taaters ; and
'�n�i�r:AS, al l of the -rcquire-;ents of C'�apter 73 of L'ne Orono
'��unicipal Code regulatiizg co�:�:nercial ;�arina operations , Section 35 . 1_00
• of the Orono 7oning Code regulating the use of lakeshore bus�ness
district property nnd the 1975 Operations agreenent are in iull
conformity with the applicable regulatiozis and intents and purpose
of tne Lake Minnetonka Conservation District' s regulations for
cor�nercial marinas and the State of Minnesota, D�partment of Natural
Resources ' regulations for protection of public waters ; and
WHERFAS, 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
_ Co-;;_nercial Dock T ice�se d,��scri_bed on F:�hibit A attached. „
NOW, T:�ER��ORE, BE IT R:r�SOL�'�D, t1�at �ne City Col�ncil of
tne City of Orono hereby directs tne staff to issue a Co�-n:-�ercial
Dock Ticense according to the facts and conditions noted on Exhibit A
attached.
4dopted by the City Council of �he City of Orono at tn�ir :.,eeting on
the 8th --- day of -----�y -- , 19 79 _
��� �—�. ---
� `�,•illi�-n B. Van Nest, r;ayor •
y'T _ T: �
-- --- -_ _ _ -J------- ----------------_____
Ztialte R. Bcnson, Clerk/�drni ns_s���� tor
t� . .
. �
. • CITI.' OF ORO?�0 •
• EXHIBIT A
RESOLUTION N0. 1030
CONDITIOi�?S OF ISSUA?�1C;E FOR ANI�'UAL� COMr'tERCIAL DOCK LICENSE
I. LICENSEE Gayles Marina Corpora tion
Address 3366 North Shore Drive
Period January 1, 19 79 to December 31, 19 79
II. BOAT DEI�SITY
The number of in-place boat slips , lifts and buoys shall not exceed the
nu.mber shown on .the attached plan, Exhibit B, and in accordanc�e with
. Resolutio�� 938 , in no� case shall the number of authorized boat slips,
_lifts, buoys, or dry stack slips exceed the number pez�nitted �in the
prior year' s license,
• Authorized Summer Density per attached plan:
BaY � � Maxwell
Transient Slips . , p '
Rental Slips 134 .
Company Slips 0 �
, Sub-Total: Slips at Docks • " 134 �
- Off-Shore Buoys . 0
yI�`laximum Boats in 4�'ater � 134 134
Dry stacked slip for ,use in lake � , p
Maximum Boats in water per prior license I34
Otner Boats (for sale/sezvice, etc. ) Not stated
� . MAXIMUM BOAT• DENSITY ON LAND AND/OR IN WATER 134
, Exceeciing this maximum boat density, or exceeding the nunber of permitted
slips, lifts or buoys is a violation of this license subject to revocation
and/or prosecution ior violation of Section 73. 010 of the Orono Nrunicipal
• Code. ' �
Authorized I�TUmber of Winter Stored Boats Up to 200
i� .
, j•
° EXHIBIT A
Resolution No. 1030 ' '
• Page 2
III. DO�K LAYOUT (reference Exhibit B attached)
rlaximum authorized 1�_�gth of main dock 200 feet.
Docks extending beyo�d 200 ft, and docks encroaching into
r�quired, side yard se�backs are hereby specifically declared
to be illegal non-co��orming structures which are not permitted
under this license, fihis application does not contain such
, illegal structures . �11 such violations are subject to
' prosecution under See�ions 35. 100 and 73. 010 of the Orono
Municipal Code. .
IV. Marina is authorized �or FUEL SALES subject to compliance
with the State Fire Lade, �
V. Required number' of 0�-STREET PARKING SPA�ES - 54.
' All such spaces must �e maintained available on the property
during all summer se=son hours of operation.
• VI. SPECIAL CONDITIONS required for compliance with the ordinances `
� of the City and/or tn� Ll�iCD. 'i'1•ie issuance of this license is
subject to full comp�iance with these conditions . Failure to
comply with these co�ditions is cause for license revocation
and/or prosecution br the City.
1. License granted =or 134 slips (boats) maximum per prior years .
Plan shows 150+ slips . No more than 134 slips may be constructed
per building per��.t 7�3969 and no more than 134 boats may be
dock�d or moore� at these docks.
2. Boats may be moo-ed only on the inside (west) side of the gas
dock unless said �as dock is located at least 30 feet from
the east proper�- 'line.
3. The landscaping �zd screening required to be installed by the
1975 Operations :;jreement have n.ot been completed. Issuance
, of this license eoes not relieve Gayles Marina from responsi-
bility for compleLion of these requirements . '
VII. Nothing in this license shall confer upon any person for the
benefit of any prop�rty any vested right to use Lake Minnetonka
- or the premises in = �nanner permitted by this resolution, but
• the use o'f Lake Min�etonka and the �premises shall remain subject
to such regulations a�d ordinances as the City and other competent
regulatory authori��es shall deem necessary from time to time in
the public interes�. '
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