HomeMy WebLinkAboutResolution 1044 t�� i • Y'��� .
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, RESOLUTION N0. 1044 .
� A RESOLUTION DENYING AN APPLICATION FOR A
COI�'Il�'IERCIAL DOCK LICENSE BY GEORGE R. JOHNSON
WHEREAS, the City of Orono is a municipal corporation organized
and existing under the laws of the State of Minnesota; and
WHEREAS, Section 73.010 of the Orono Municipal Code provides that
"It shall be unlawful for any person to operate a commerci:al boat dock
business or be engaged in the business of docking, mooring or storing boats
in the City of Orono without first obtaining a license from the Council.
All licenses for existing or new operations received under this ordinance
for the first time shall be considered initial permits. All existing
operations shall be required to obtain a• license under this ordinance upon
expiration of existing permit or license or within six (6) months of adoption
of this ordinance, whichever may occur first. Granting .of a license pursuant
to this ordinance wi11 not confer a .vested right to the applicant or licensed
premises"; and �
WHEREAS, Section 73.025 provides that "As a condition precedent to
the granting of any license pursuant to this ordinance, the applicant shall
� enter into an agreement with the City which shall include provisions relating
to all of the requirements of this ordinance, includ.ing, but not limited to:
the� required landscaping and planting for the landscape areas, location and
surfacing of access roads, parking, storage, hours of operation, number of
boet slips and boat buoys, length of dock, sanitary facilities, lighting
and other requirements and performance standards that the Council deems
necessary to proteat the interests of the City and.to promote public safety,
health, welfare and enjoyment of the lake as a public recreatianal asset." ;
and �
WHEREAS, Section 73:040 provides that "Upon receipt of the applica-
� tion, the City Council, by majority vote of the members present, may, when
deemed appropriate, order a public hearing to be conducted by the Council
or Planning Commission. The notification shall be the same as that required
for rezoning. 'I'he City Council shall examine the application with the
purpose of protecting and preserving the health, safety .and general welfare
of the inhabitants of the City"; and .
WHEREAS, On February 27, 1979., a Public Hearing was held by the
Orono City Council regarding the development of Stubbs Bay Marina by
George R. Johnson pursuant to an application for a Commercial Dock License
renewal received by the City on January 12, 1979 and amended by Mr. Johnson
�on February 5, 1979. Said public hearing wa,s held open for one hour and •
forty-five minutes dur"ing which time the City Council received verbal and
written comments from the applicant's representative, , fr•om the landowners, ,
from numerous neighbors and from various City staff and consultants; the
detailed record of such information being conta ined in the official minutes
of the regular City Council Meeting held on that date; and
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Resolution No. 1044 � .
•Page 2 ' ' , . �
WHEREAS, Section 73.060 provides for numerous performance standards
and factors to be considered in granting or denying (commercial boat dock)
licen'ses, which standards are provided as Exhibit A to this Resolution; and
•WHEREAS, Section 73.081 provides that "Application for renewal of
a commercial dock license shall be made in writing not less than forty-five
(45) days before the expiration of the license. Application for renewal
shall contain a statement of any changes in the information submitted in the
last approved license application or renewal. Failure to submit such
information sha11 be grounds for revocation or for not granting renewal of
the license. If there are no changes, it shall be so stated in the renewal
application. Renewals may be made only by the 'Council, provided the- operation
is in conformance with the provisions under which the license was granted. �
The Council may refer the renewal application to the Planning Commission for
review, order a public hearing, approve or deny the .applications � in accordance �
with provisions, previously stated in this ordinance"; and '
WHEREAS, Section 73.100 provides that "Any non-conforming use of
land not involving a structure and any� non-conforming use involving a
•structure with an assessor's fair market value of January 1, 1975 (the
effective date of this ordinance) of Three Thousand Dollars ($3,000) or
less, shall be terminated as of April 15, 1975. Any lawful non-conforming
use involving a structure with an assessor's fair market value upon the
" effective date of this ordinance in excess of Three Thousand Dollars ($3,000)
� shall be allowed to continue as a non-conforming use subject to the provisions
as set forth in Section 31.100 of the Zoning Code except that Sections 73.101 .
and 73.130 of this ordinance relating to the elimination of non-conforming
use of boat slips, boat buoys, or overall length of docks , their location,
construction, maintenance and boat mooring areas, shall supersede any other .
non-conforming use provisions of the Municipal Code." ; and • �
WHEREAS, Section 73.140 provides in part that "The City expressly
reserves the power to b e more restrictive in its regulation than the Lake
Minnetonka Conservation District 'Ordinances if the public health, safety
and welfare' of the citizens of Orono so requires.", •
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City
of Orono hereby makes the following findings of fact regarding the �subject
application and the requirements of Chapter 73 of the Municipal Code:
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Resolution No. 1044 � �
�Page 3
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I. The license application on file with the City was improperly
made as a "renewal" application instead of an "initial" application .
as provided by Section 73. 010: . � �
1. George R. Johnson has never been issued a commercial
dock license by the City of. Orono. • '
2, James K. McCleary has been issued commercial dock licenses
� by the City for• Stubbs Bay Marina for the years 1974 - 1978
. inclusive. ,
3. Mr. Johnson, in a letter dated Feb'ruary 5, 1979, advised
the City that the application was his alone and not McCleary' s .
4. The application by Johnson includes a new site plan never •
• , before included in a license application for the Stubbs Bay '
Marina, a new dock layout, a new lounge and repair building,
- and new shoreline alteration or seawall construction. '
• • II. Even if the a lication ha d been a ro er "renewal" a lication
PP P P PP �
. the operation in 1977 and 1978 was not in conformance with the
provisions under which the original license was granted as provided
by Section 73.081: ,
' 1. On May 15, 1975, McCleary entered into an operational
� agreement with the City by means of his signature on Exhibit A
• of Resolution 604. This agreement, as provided by Section
,
73.025, provided for the installation and maintenance of certain
� improvements to the property. �
2. In 1976, the main structure burned to the ground since
which time no on-site management has been provided.
3. The grounds have not�b een maintained. Weeds and debris
are uncontrolled.
4. The docks have deteriorated. In. a letter to the City,
dated January 15, 1978, McCleary admits to the hazardous
' condition of the docks and the fact that they may have
contributed to an injury. The docks were not repaired
- • during 1977 or 1978. , '
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Resalution No. . 1044
� Page 4 . ' .
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S. The docks extending from the McCleary property were
not in complian�e with the LMCD dock use area 1974 or any
year since 1976 and have not been in agreement with the
dock plans submitted to the City or the LMCD since 1977.
III. The operation in 1977 and 1978 was a non-conforming use -
of land as regulated by Section 73.100:
1. As of November 16, 1976, the date of the fire, the
assessor' s records indicate a fair market value for the
buildings of $2,000 which is less than the $3,000
amortization figure provided in Section 73. 100. �
2. The rental of boat slips is a non=conforming use because
such use is not listed as either a permitted or a conditional '
use in the B-2 zoning use district.
3. The rental of boat slips was the only use of this property
in 1977 and 1978,
• 4. The docks in place in 1976, 1977 and 1978 (and still in
place to date) encroach beyond the LMCD authorized dock use
area, encroach in front of residential properties, and are
not installed according to any plan approved by the LMCD
or the City for �licenses applied for or issued in. 1976, 1977,
� or 1978. .
IV, The operation proposed by Johnson is also a non-conforming
use according to' the applicable provisions of the B-2 zoning.
district regulations :
1. Johnson proposes only to rent boat slips, 66 in number,
while providing no boat rentals, bait sales, fuel sales, or
general repa ir services. - �
�
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2. Section 35.100, as noted above, does not provide for
slip rentals as either a permitted or a conditional use.
3. Indeed, of the permitted uses listed in Section 35.110
only winter storage of boats is requested and no conditional
• use is requested.
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• Resolution No. 1044 • .
Page 5 � '
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4. No application has been made to amend the zoning
code to provide for boat slip rental as a principal
� permitted use of lakeshore property. '
V. The plan proposed by Johnson includes items which require
extensive analysis and review as we11 as permits from many
agencies, none of which could reasonably be completed prior
to the 1979 boating season.
1. The docks shown extend beyond the LMCD 200 ft, maximum
extension for existing multiple docks and well beyond the
LMCD 100 ft. maximum extension for new multiple docks.
2. The"docks shown encroach into required LMCD side setback
• �areas. '
3. The shoreline is shown as drastically altered and relocated
'� with a new seawall, which work requires review and permits
from the City, the Minnehaha Creek Watershed District and
. � the Minnesota Department of Natural Resources.
4. The plan shows new hard surfacing within 75 ft. of the
lake shoreline in violation of City, MCWD, and DNR regulations.
. .,
,- 5. The plan shows a new building located within the
established flood plain in•violation of City, MCWD, and
DNR regulations. -
'6. No plan was submitted to show how sewage treatment could
r be obtained in conformance with City, State Health Department,
or State PCA requirements.
7. T'here has been no .application to any agency for any
. variance from the above regulations.
� 8. There has been no apPlication to any agency for a
conditional use permit to provide for the shoreline alteration
o� for constr�ction within the flood plain.
9. There has been no plan provided to show how docks could
be constructed entirely within the authorized dock use area.
�
Resolution No. 1044 '
�Page 6
VI. The record established at the Public Hearing on
February 27, 1979 was substantially against approval of the ,
Johnson application. �
1. Petitions were received from 42 persons against the
proposal and 32 persons for the proposal.
• 2. Letters were received from 4 persons against the
proposal and 1 person for the proposal. -
- 3. Fifty persons signed the roll in attendance at the
' hearing. Of those in attendance, the applicant' s agents
and two others spoke for the proposal, and seven persons '
. spoke against the proposal as recorded� in the minutes.
4. Members of the Orono Planning Commission individually
made comments with two persons in favor of the proposal,
L-�ao persons against the proposal and one person favoring
. a limited marina with regulations different from B-2 standards.
� • � 5. Dr. John Wood of the University of Minnesota ' s Gray
� Freshwater Biological Research Institute recommended against
allowing power boats at this location on Stubbs Bay because
of the fragile and deteriorating ecological nature of Stubbs
_ Bay.
6. The Consulting Planner, after extensive review, recommended _
� rezoning the property for residential use onlp.
� 7. The Staff Planner, after extensive review, recommended
rezoning the property for residential use only.
VII. The historic use of this property has been for a fishing
resort with minimal boat rental services, not as a large scale
marina.
. l. The resort was established in 1915 with fishing rowboats.
2. . 'I'he resort was licensed .for 18 rental boats from 1962 thru
. 1967. � �
� 3. • In 1968, the resort was licensed for 13 rental slips in
� addition to the 18 rental boats - total 31.
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Resolution No, 1044 .
� Page 7 � - .
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• 4. The resort was licensed for 31 boats from 1968
. thru 1974.
. 5. In 1975, with McCleary the new "owner", the
licensed boats increased by 112% to 66. �
. , 6, The "marina," was licensed for 66 boats in 1976, �
63 boats in 1977 and 66 boats in 1978.
' 7. Inventories taken show only 43 boats on site on
July 7, 1977 and 35 boats on s'ite on July 28, 1978,
substantially less than the licensed amount. _
� . 8, McCleary stated in his 1977 license application
that boat rental was ceasecl. in 1976 thereby eliminating
a general public benefit. •
VIII. The City has had no contact from Mr. Johnson following
the February 27, 1979 Public Hearing. On May 24, 1979, the
� City received a 1979 Commercial Dock License application in
3ames McCleary' s. name. •
IX. The issuance of any conanercial dock license does not vest •
any rights °in the licensee or the land to any future use of the
Lake or any_,future right to obtain any given number of licensed
slips. ` - ,
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� AND, BE IT FURTHERMORE RESOLVED, that based upon the above
. findings of fact, the City Council of the City of Orono hereby denies
the 1979 commercial dock license application of George R. Johnson
. (per site plan attached as Exhibit B) . The City Council further makes
the following findings : �
� • 1. The application includes proposals requiring varian ces �
� and permits not applied for. •
' 2, The application includes a use of land not permitted
by the zonirig code, � �
3. The prior operation on the property was, not in compliance �
' with the 1975 operations agreement and was not as extensive
. � as that permitted by the �ity, therefore any expansion beyond �
the 1974 operational level is unsubstantiated by any
• economic interest. .
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. - Resolution- No. 1044 � • •
Page 8 �
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4. The general public favors a less extensive, less
commercial use of the land than that proposed.
5. The most general public interest would not be served
by this proposal. �
` 6. The development of this property to the extent proposed
Y may be contrary to the�public interest in the preservation
of the ecological quality of Stubbs Bay.
A. All surrounding properties are residential with
no reasonable access to other commercial areas or to
major traffic thorough fares.
. , -
, ' B. Stubbs Bay is very shallow and eutrophic and has •
' been classified as critical or potentially critical.
There is no direct access to the main lake, nnly
access through Maxwell Bay which is also classified
' as critical.
• ' C, Because of the shallowness of the bay, only
relatively small boats can be operated in the area of
the marina. These boats are eas ily trailerable and
�� are most often launched at public ramps which have little
or no launch fee. Larger boats which are not easily
trailerable cannot be assured of water depth sufficient
• to be stored at this location and are therefore already -
kept at other marinas. Therefore reduction or elimination -
� of slips at this location will have little or no effect
- on access to Lake Minnetonka. �
This Resolution was adopted by the City Council of the City of
Orono at their regular sclieduled eeting on the _�_ day of
June , 1979. � � �
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� • T���Y�'i:�X��LX����X ��xx
[aalter B. P�Iassenga•le, Acting Mayor
ATTEST: ' ' �
i�•'�-� - � .
Walter enson, Clerk ministrator .
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E � �{ � � j .
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� 73. 060. Performance Stancaras and Factors to
' be Considered in Grantinv. or Denying Llcenses. As
� � • the use of Lake `1�inne�onka by Orono� resinents �and
others for bo,ating, fishing, s�•�i�runing, water skiing
• and other uses con�.inues to increase each year, the '
Council is 'faced with increasing problems in .licens-
� . ing of commercial docks. The Council recognizes
t�at the interests of lakeshore resic3ents are to
some extent in conflict with the interests of p�r-
- sons in the business of operating commercial docks,
and the Council is mindzul _of frequent complaints . '
� as to the extent ancl manner of cor�ercial ,dock
- operations. The Council finds that, as lake use
- . increases, licensing proce3ures and standards which
have been adequate in �the. past have become inade-
• _ . quate and. the c3anger to the public health, safety
an� welfare has increasec3 greatly. The Council �
( tinds that the following requirements and rewlations
• . are in the best interest of the City, promote public
� safety, health, wel:are, and sanitation in the use
\ � �
. � 1-7-75 � , . , • 56-1-3
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• 73. 060 jl) .
( of the lake, eliminate extreme congestion on the
• lake (which reduces the enjoyment of all) , restrict
�� excessive noise, pollution, and fum�s, eliminate un- �
sightly installations or accumulations visible either
from the lake or from the shore, and eliminate road
and parking congestion. The maximum number of boat
slipsfon the Iand and on the water and boat buoys ,
that may be constructed may be regulated for each '
license. In setting such .maximum the Council may '
have in mind the size of the bay on which the in- I
stallation is located, the congestion of boat traf- 4 ,
fic on said bay, the intensity of public use of the �
bay from all other properties or acc esses, the rights
of other property owners to store boats on or adja-
cent to the same bay, the other licenses expected on
� said bay, the character of the property and adjacent (
properties, the proposed number of boat slips on the I
_ land and on the water and boa� buoys, and any other i -
factors which it deems relev ant. The number of boat •
slips and boat buoys allowed sh all include any space
used or intended to be' used for the personal use of
. the licensee and his family or friends �ahen located � � � � -
on or adjacer�t to the premises � from which the licen- •'
;� see intends to conduct the business. Therefore, � �
,� before any license may be granted, the Council � �
{ . shall find that the following performance standards
shall be met by the applicant' s proposed plans:
' (1) • The proposed number of boat slips on the -
land and on the water, and_ boat buoys shall , .
not adversely aff ect the public safety,
health _and welfare or infringe on the
� public right to use the water, or unreason-
ably restrict the riqhts of other property
owners to store boats on or adjacent to• �
the same bay. ,
(2) The proposed vehicular off-street � parking ' �
� facilities shall be suff icient to eliminate
any tra.ffic or parking congestion likely �
to be caused by the business of the licen-
see. The parking areas may not be paved. '
The minimum parking' requirements shall be
as fo?lows:
� (a) Six parking spaces shall be pro- !
. vided for each ten boat slips on �
� water or on land shown on the plan. . �
� 1-7-75 � 56-1-4 � .
�`>� � I
• . ' a
. 7�3. 060 (2)
��
� • (b) At least eight off-street parking
spaces, plus one ac3ditional space
( for �ach 800 square feet of floor
area over 1000 feet, including
warehousing, and all outside sales
and storage area s related to the �
sales and service functions.
� (c) If the proposed u se is to incluc3e
the launching of boats owned by
' , the public for the day from
trailers, 10 additional auto-
trailer parking spaces shall be ,
` provided for each ramp. ' ;
(d) The required parking spaces may not
� be separated by a public roadway
� . from the dock, storage space, "
� mooring space, floor space, or
� ramp they are designed to serve. .
(e) Required off-street parking space
• . may not be utilized for open stor-
� age of goods or for the storage
of boats, except that from October
�• � 1� to May 1 each year, the req�aired
� . ' off-street parking may be used for
winter storage of boats provided
that 20$ of the required parking
spaces remain as a fnnctional
_ parking area. _ �
� (f) Parking may not be allowed in any
required yard or landscapirrg area. -
y
- . ' (3) The minimum �required yard� areas for the
use district shall be landscaped and
. planted with evergr een and deciauous
shrubs and trees in accordance with a
' deta iled land scape plan.
• � (4) In additiori to the lanascaping: reqtaired
, in the recluired yard areas, for that use
. . district, th� following landscaping areas
( � shall be landscaped in accoroance with
the following provisions : •
- � (a) The minimum landscaping areas shall .
�• - a
-- � 1-7-75 - 56-1-5 �:�:°
'� 73. 060 (3)
• be a s �ol lows : • . ' �
� '
� (1) The lakeshore landscaping area .
� shall be an area that is parallel '
• - to the entire lakeshore adjacent
to the licensed marina op�ration • •
� and ea,ual to 10� of the average .
lot depth, but in no case shall ;
be 1 ess than 10 f�et nor more ' " �
' than 75 feet. Breaks in the land- _ •
� scaping area for access .to the lake .
. � shall not exceed an agoregate width
of` 30 �eet for each licensed marina ! '
operation. �
' na sca in area shall " - I
(2) Side yard la p g
be an area that is parallel to � � , -
the side lot 1 ine and not within
the .lakeshore lanciscaping area or •
� front yard landscaping area and
. ' ,shall not be less�.than 10 feet deep.
� (3) Front yard lanc3scaping area shall
• be an area that is parallel to
( the street or opposite the lake-
� shore lanc3scaping area and shall ,
• not be less th an 10 feet deep. �
`-. Breaks in the landscaping area
. _ . . , for access �to the public road �
� shall not exceed an aogregate •
width of 50 feet for each licensed
� . ,marina operation. '
(b) The detailed landscape plan for each
' landscaping area shall. provide for a .
natural ��oods area containing primarily - -
� evergreen and deci�uous trees not less
_ than 6 feet in height. Shrubs not` less _
than 2 feet in height shall be inter- i
dispersed among the trees so as to �
. eventually proviae, at maturity, a
• ' natural screen that will not be less '
' than 500 opaque during the summer � `
months. No uses r�ay be allowed in the �
landscaping areas except the required �
( landscaping and access .>roads as pro- ;
� vided for by this ordinance. A pri- '
, vacy fence may be required in andition . ,
1-7-75 : 56-1-6
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� ' � , 73. 060 (4 ) (b)
• , - '� .
• to the natural lanciscaping which. has •
• been planted to meet� the requirements
• • • of this ordinance. The use. of any
� fencing shall not satisfy the require-
� ment of provid ing na tural lannscaping
and solid visual screening. Any yard
� area requiring lanascaping to meet
the reauirements of this o�dinance
shall be planted with nursery stock, .
balled and baoged trees and shrubs
' . in accordance with a detailed land-
� scaping plan approved by the Council.
All landscaping shall be maintained
� in a healthy growing condition.
� � (c) Al1 the improv ements in the landscaping
• plan or otherwise as a pproved by the
� Council shall be borided at 1 1/2 tines
�� - the listed cost of the improvements
� � in order to insure that the proposed
. . • improvements will be �completed before
� � June 1 of the year for which the .
license is revuired�.
� - ( • (5) Suitable .sanitary facilities 'connected to � �)
, public sanitary sewer or to a private on-
site sewage disposa•1 system, which complies
�• � with all applicable ordinances .and other �
. agency regulations, sh�ll be provic7ed on
, , • the premises for men and women, and further,
suitable facilities shall be provided for
the disposal of wastes accumulated in boats
docked or serviced at the marina.
� - (6) � Insofar as practicable, all means of access
to the operatian from any street shall be
so located and designed as to avoid the �
. � -routing of vehicles from the property over
streets that primarily serve abutting
� ' residential areas. Al1 access roads from
the operation to any public paved roadway
• shall be paved for a distance of at least
` 30 feet adjacent to the public roadway to
' minimize dust and noise conditions. Al1
. access roads from the operation to any
. � . .
1=7-75 � �. 56-1-7 �
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� � 73. 060 (6) �
T � unpaved public roadway shall be treated to
� • minimize dust con�3itions at least to the
extent the unnaved public roadway is dust
( . controlled.
, (7) The lighting shall be shielded so that no
. direct glare can be seen from adjoining �
residences, from the lake or from the
roadway. �
(8) The hours for running enoines or operating
any boat engine for the purpose of charging
' batteries , running auxiliary ea,uipment or
testing shall be bet�oeen the hours of 8 : 00
• a.m. and 6: 00 p.m.
(9) -The maximum hours of operation shall be
i
7 : 00 a.m. to 10: 00 p.m. , for retail sales ' �
and service functions, except as necessary
to support� normal fishing �activity or pri-
. vate use of the boats stored on the prer,i- . .
� ises, unless other permission is specifically � ;
granted by the Council. ;
� (10) Persons in charge shall at all times keep .
�• the oocks, sea walls, and premises in a .
t neat and orderlv manner and free from
� trash, rubbish, repair parts, machinery, �
' eauipment and debris of all kinds. �
(11) Persons in charge shall prohibit the
dumping or throwing of garbage, paper, _
bottles_, cans, refuse or debris in�o. water- _
way. Persons in charge of mooring areas -
shall provide garbage cans of sufficient ,
. si•ze` to hold garbage or refuse t� be . �
collected. • - • �
(12) No corunercial docks or boat buoys shall
extend further into the waters of any lake
than is reasonably necessary to accornmodate
the docking and mooring o.f such crafts as
shall custoriarily and lawfully be used
. upon the lake or so as to interfere with,
� obstruct, or tend to obstruct, or render
� dangerous for use or passage a body of i
• water within the primary harbor limits of •
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• 1-7-75 , . 56-1-8 ' ,
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� � . � . � • 73 _ U50 (11) r.,
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, � the CiLy. Tne lenoth of oocY.s and ] oca-
� tion of buoys shall be r�gu] ater3 by �he �
provisions of SECtion 73.130 of this ordi-
n�nce.• All such co��:��ercial oocks and
wnarves shall. be constructcd and n�ain�ained
of such rnaterials and of such type of con-
siruction as will not r�nder thcm unsafe
or likely to endar,oer pub�ic enjoyment of •
. the wa�ers. Co;rUncrcial nocY.s s};all be
maintained in a ncat ..and oroerly mnr,ner •
at all ti�es. '
(13) If outside boat slip (land) storage iaci-
• . lities are provioed, the boats shall be
. stor�d in such rranner that they oo not '
' - create a fire hazara. Any ouLSid e struc-
' � - ture ior purpose of storage of boats ray
not exceed 15 feet in height. � Dry bbat
' � storage areas may not be Iocated in the •
' � . , .� required y�aras or lanoscaping areas. Any • ,
� gasoline ofFered ior sale or s�ored on Lhe •
. . premises shall be pl:aced in -�anks or con= .
� tainers as �r�ay be required by �the Council, �
and such tanks or containers shall be
, • stored• unoerground or such distance from •
, the storace facilities so as not to create
. a c3anger to the co�-lmunity. The premises
shall at all times be maintained in a neat
, and orc3erly manner. '
_ - � (14) Such other regulations pertaining to the , '
. ' . , operation of the licensee shall be met
which promote the public health, safety
and welfare. � The Council shall be mindful
�{ .
' . of the past history of the conc3uct of the -
" � _ business by the licensee. _ � _
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