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HomeMy WebLinkAboutResolution 1027 ' � 1. � y . 4 ��� • � 1` � , . FESOLUTION N0. 1027 A RESOLUTION DIRECTIhG STAFF TO ISSUE A CO���'1ERCIAL DOCK LICENSE TO PAULS LANDING SUBJECT TO CONDITIONS NOTED 1�EREIN � FOR THE PERIOD OF JAI�UARY 1, 1979 TO DECE�•TBER 31, 1979 WHERE.AS, the City of Orono, hereinafter "City", is a municipal co-rporation organized and existing under the laws of the � State of Mir�nesota and has the aUthority and responsibility under riinnesota Statutes ; State St�tute 412, et. seq. and State Statute 462, et, seq. to protect the h�alth, 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, hereinafi.er "marinas" engaged in business activities including but not limited to the follotaing: � . • 1, 'I'he sale of new and/or used boats, baating 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 number of the general public ior 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 detrimental to the public health, safety and general welfare and is therefore subject to reasonable regulations by the City; and • jaI?ER�AS, it is the overriding concern of the City to eliminate the unique problems presented by increasing boat density; f ' ha�dcover, traffic density, storm water rLnoff and noise or other public nuisances in the area of the various marinas ; and . , ~ Rcsc�lution _�o. 1027 , ' - Page 2 ' ' . T�HI�FFAS, bECaus� of the geographical location of the ma-rinas and their pror.imity to heavy population, ai�d tl�e access to marinas by county' and city roads , and the g�neral use of the ba}=s of Lake Ninnetonka for r�creation by �aay of s�imming, Uoating, fishing and water sports by the citizcns of Orono, the City regulates both the on-land activities of marinas and the ext�nsions of docks and moori�ig areas into Lake Minnetonka in tlze inte-rest of public order and to protect the life, safe�y and weliare of the com�nunity. `lyhe City th-rough its regulations i_s not licensing boa ts but is only licensing �he marinas to the extent the ma-rina operations afiect the general public • and the adjac�nt prope-rties within the City of � Orono; and . � WHEREAS, the City shares concurrent jurisdiction over the primary harbor limit of the City� of Orono wit'n the Lak e Minnetonka . Conse-rvation District a�nd the Department of Natural Resources of � � the Siate of riinn�sota; and WHEREAS, the regulation of the navigable waters involves an exercise of police pow er 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 arid resulting public disorder; and WHEREAS, the regulations of the DNR, LMCD and the City of � Orono regulate th e property rights of the riparian ow�.ers both as to single �family residential owners arid the colmnercial rnarina ow-ners , . to the exter�t prohibiting any interference with the public waters . adjoining that property. The LMCD, DNR and City of Orono must zulfill their trusteeship over 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 co�nercial marinas or single • family residential ow-ners; and . W�iEREAS, as to Lake Minnetonka, a mutual right of enjoynent - exists between and is shared by riparian ov,�-ners and the public generally. � 'I`he marinas have no exclusive privileges over Lake Minnetonka . The only additional .priva te right that the marina .or any riparian owner may ' have over �he public generally is to const-ruct one dock to the navigable ' depth of �he public �aaters . There can be no dispute but that the public generally and each riparian o���ner to Lake riinnetonka has the right to use . the entire surface area of Lake riinnetonka for all s�uitable purposes in • comnon with all other riparian owners . This right is a right not only to the me�bers of the public but the right to each riparian owner. 'I'his nu�ual right of enjoyment wnich is snared by �riparian ow�ers and � the public generally includes tn.e recreational benefits of the lake such as boati�g and iishing �che-rein; the riparian marina has no exclusive privile�es to these rights ; and � � Rcsolution No. 1027 ' . • - • Pa ge 3 ��ihERE.AS , as the pr�pul�tion has inereas�d around Lake I•iinnetoz�ka , and in the `l�ain �ity A-rea genc-rally, it is clear that more and mor� people have used th� lake for sailing, rowing, fishing, boating, ba�hing, skating, and other public purposes ��.�hich cannot be now fully en�-�erated or even anticipated; and WHEREAS, Lake Minnetonka is capable of substantial beneficial public use only as long as �11 ri�arian users of the lake are -r�gulated in sucn a ��aay as to insure �h�'re is no abuse of th e limited riparian rights ; and , . ���EREAS, t1_ze marina as a comm�rcial riparian o�aner only has limited riparian rights i�cident to the ownership of real estate bordering upon Lake Minnei.onka, The �rarina o�erator has a limited right to build and� rrtaintain oi�e suitable landing or- dock, on and in front of his land, and to 'extend the same therefrom into Lake Minn2tonka to a point of navigability; but, under no circumstances may he encroach into Lake Minnetonka to a poznt where he impairs the water' s navigability for other public purposes or wh�re he unreasonably interferes with the • surface water rights of all riparians and members of the public generally; and j,THEREAS, it is fundamental that a riparian o�+7ner' s rights are measured by the necessities and character of his use. The marinas, for private co�nercial gain taish to temporarily and, in iact, periranently al�er the use of the surface water in L-ake I�iinnetonka. 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 cor�nercial enterprise all to the detriment of other riparian owners and the public. The narinas present operations and conte�plated 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 narinas; and : � �ti?NERF�S, the �arinas have separated and disassociated from �the norral riparian rights in many sections of the public waters on Lake Minnetonka by having �xtended their docks out int� L,ake Minnetonka beyond the point of navigability and have transferred i.hose ri�hts to . others t;�ho oo not have riparian rights and �ti�o are no� members of the � gen�ral public t•�ho obtain access and use of Lake Minn2tonka by use of the �ublic; access points along Lake Minnetonka. Such cor►L�ercial transfers of the riparian rights of Lake i�iinnetonka have resulted in an abuse of reasonable riparian access to Lake Minne�onka, • Such abuses must be qualified, restricted and subordinated to ��e paramount rights of the public to the �ublic waters of Iake Minnetonka; and . R�soluti�n No. 1027 ` Pa�e 4 � � . �,�IzERF�,S, as a condition to �'ne issuance of th� 1975 con�.-nercial marina licenses, ear_h commercial mari�.za op�rator ag-r�ed with th� City in wri_ting to an OPerations L:�r��ment outlining a three-year phased improvement program established to replace natural vegetati_on previously removed, to provide for adeqUate storm wat�r runoff controls , to pr_ovide for open space and veg�tation buff�rs betwe�n the rrariiza properties and adjoining residential prope-rties , to provide for adequate parkin,g and trafi'ic control and to provide for -reason�ble periorrr�ance standards relating to the nonconformi_ng placement and us� of docks and �ooring spaces u�on the �Lblic �-aaters ; asid WHER�AS, all of the r�quire���nts of the 1975 Operations Agreenent are reasonable exe-rcises of the normal police powers of the City of Orono intended to corr�ct th e previous abus�s and overuses of public waters and the congested cor�nercial marina sites, to correct for the public harm caus�d 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 com�-nercial marina op�rations, Section 35 . 100 . of the Orono Zoning Code regulating -the use of lakeshore business district property 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 €orth the above noted general conditions and concerns and the iollowing special conditions as they relate to an application for an annual Commercial Dock License described on �xhibit A atta.ched. ' 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 �he 24 day of April , 19 �g � � : • � jti7illia�n B. Van N st, Mayor . , ATTEST: � L f , . . /' / iC.� ���7alter R. enson, Clerk/A �_ 'nistrator . , , , CITY OF OKO?�0 � . • E}�-IIBIT A RESOI�UTION N0. 102 7 COI�DITIOi�S OF ISSUAI�'CE FOR A?vNUAL CO'r���ERCIAT DOCK LICEI�'SE I . LICEI�SEE PAULS LANDING Address 1950 Shoreline Drive � P�riod January l, 1979 to December 31, 19 79 II. BOAT DENSITY T`he number of in-place boat slips , lifts and buoys shall not exceed the number shown on the attached plan, Exhibit B, and in accordance with Resolution 938 , in no case shall the nu�ber 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 Smiths. � Transient Slips 0 Rental Slips 53 Company Slips ' � Sub-Total: Slips at Docks 53 Off-Shore Buoys 20 ' Maxinum Boats in t+'ater 73 73 , Dry stacked slip for use in lake 39 Maximum Boats in water per prior license 112 Other Boats (for sale/service, etc. ) . . 35 MAXIMUM BOAT DENSITY ON LA1�D AND/OR IN WATER '147 Exceeding this maximum 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 Or.ono Ifiunicipal • Code. Authorized Number of Winter Stored Boats 66 w • , - ;}�HIl3IT A � • Resolution I�o. 1027 P��g e 2 III. DU�'K I�A1'OU'T (refcrence Exhibit B attac��ed) ;�iaximum autnorized lcngth of main d�ck Z00 ieet. Docks extending beyond 200 feet and docks encroaching into required side yard s�tbacks are hereby specifically decl�red to be illegal non-conforming structures which are not permitt�d under this license. This application contains a plan �ahich shows existing illegal structures (see Section VI below) . All such violations are subject to prosecution under Sections 35 . 100 and 73. 010 of the Orono Municipal Code. IV. I�`�arina is not authorized for FUEL SAL.ES subject to compliance with the State Fire Code: V. Required nu�ber of OFF-STREET PARKING SPACES 72. All such spaces must be maintained available on the property • during all summer season hours of operation. Storage of boats will not be permitted in the parking area . � 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 ior license revocation and/or prosecution by the City. 1. 'I'he City of Orono hereby denys your 1979 Commercial Dock License to the extent of denying a license to those portions _ � of your operation which are non-conform ing as follows : a) Those docks erected and used outside of the LMCD authorized dock use area including at Ieast 7 slips ' in front of the property to the north of the marina. These slips must be physically removed prior to June l, 1979 . b) Those buoys in place and used beyond 300 feet from the shoreline and beyond the authorized mooring area. . c) Those wooden ramps extending beyond the shoreline. � . . _ , . • EXHIBIT A " - Resolution No. 1027 Page 3 VI. SPECIAL CONDITIONS (Cont. ) e) The storage of boats and trailers and the property in such a way as to restrict or eliminate required parking spaces . f) All required parking must be provided available on the marina property. No parking across the street or on the street right-of-way will be considered in this application. g) The continued use of residentially zoned property for marina parking and storage is prohibited. 2. The approved dock plan for 1979 shall be as shown on attached Exhibit B. • The maximum number of slips shall be 53 . The maximum number of buoys shall be 2p, 3. Issuance of this License does not vest any right in the licensee to continued licensing of any given number of slips . � The burden of proof shall be on the licensee to show that he can place all slips within the authorized dock use area. 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 th� City and other competent regulatory authorities sha11 deem necessary from time to time in the public interest. . � . . . � -• . . � _--� �X�1/�/T ,8 , r� � ��• D �,�� -� H � l c / � s���':i 16 D` /ZE,Sf�L , #1 O 2 7 , ,�. -r---�� [� - r. � �,C ;'/Lr . . ���� �i APR 2 1979 ,pEV/SEA /97 L 9 � .9N ! ,��+ / � � . CIT16 pF ORONO. � : • / 'IC / . ( �- f /J`� ;�,.�=-�� , �`Y2 . , ��. 7��� , � �'" ` ��� � - � � - �---�;— � r. 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