HomeMy WebLinkAboutResolution 1277 .
. ` Clt� of ORONO
• RESOLUTION OF THE CITY COUNCIL
NO. 1277
•
• � • • A RESOLUTION DIRECTING STAFF TO
ISSUE A COMMERCIAL DOCK LICENSE
TO CRYSTAL BAY SERVICE
SUBJECT TO CONDITIONS NOTED HEREIN
FOR THE PERIOD OF JANUARY 1, 1981 TO DECEMBER 31, 1981
WHEREAS , the City of Orono, hereinafter "City" , is a
municipal corporaticn organized and existing under the laws of the
State of Minnesota and has the authority and responsibility under
i�innesota Statutes , State Statute 412 , et. seq. and State Statute
462 , et. seq. to pr^tect the health, safety and general welfare of
the citizens of the City and other members of the public within the
City; and
�vI�E�AS , within the City there exist several commercial
marinas , hereinatter "marinas" engaged in business activities including
but not limited to the following: -
l . 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 �pace to a limited number of
the general public fcr storage of individually owned
boats.
AND WHEREAS , the City Council has determined that if
unregulated, such commercial activity on or near the pubiic waters
and on the land �:ithin the City may be detrimental to the public
health, safety and general welfare and is therefore subject to
reasonable regulations by the City; and
WHEREAS , it is the overriding concern 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
•
PAGE 1 OF 5
{.,-:�.n �,.;,� ... . ..+r.... � . ... . .,.<.,- ..,-�- . . . .. . . . . ' . . ..
� Clt� of ORONO
• RESOLUTION OF THE CITY COUNCIL
NO. 1277
�
• • • A RESOLUTION DIRECTING STAFF TO
ISSUE A COMMERCIAL DOCK LICENSE
TO CRYSTAL BAY SERVICE
SUBJECT TO CONDITIONS NOTED HEREIN
FOR THE PERIOD OF JANUARY l , 1981 TO DECEMBER 31, 1981
WHEREAS , the City of Orono, hereinafter "City" , is a
municipal corporaticn organized and existing under the laws of the
State of Minnesota and has the authority and responsibility under
tilinnesota Statutes , State Statute 412 , et. seq. and State Statute
462 , et. seq. to protect the health, safety and general welfare of
the citizens of +_-he City and other members of the public within the
City; and
jvHERE�5 , withi;� the City there exist several commercial
marinas , hereir.after "marinas" engaged in business activities including
but not limited to the following: �
1 . The sale of new and/or used boats , boating eauip�nent,
• boat accessories and recreation equipment.
2 . The stor�ge , sale, rental, lease, repairing and/or
servicing of boats and boat equipment.
3 . The sale of gasoline, bait and Fishing supplies .
4 . The construction ancT 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 WHEREAS , the City Council has determined that if
unregulated, such com-nercial activity on or near the public waters
and on the land �:�ithin the City may be detrimental to the public
health, safety and general welfare and is therefore subject to
reasonable regulations by the City; and
WHEREAS , it is the overriding concern 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
•
PAGE 2 OF 5
l Cit� o� ORONO
• RESOLUTION OF THE CITY COUNCIL
NO. 1277
•
� ' • •
WHEREAS , because of the geographical location of the
marinas anc: their �roximity to heavy population, and the access to
marinas bv county and city roads, and the aeneral use of the bays
oL Lake �Iinnetonka for recreatian by way of swi:nming, boating,
fis�irg r�nd water sports by the citizens of Orono, tne City regulates
bn�h tne on-land activities of r,?arinas and the extensions of docks
anu :�ooriny areas into Lake hlinnetor.ka in the interest of public crder
a-:u t,� p�-otzct the life, safety a.nd welfare of the community. The
Cit�,- through its regulations is not licensing boats but is only licensing
±�e r�.arinas lo the extent the narira operations affECt *he ,�nerai public
a.�: ��;�e ac.;acent proper±�i�s within the Cit,,� of Orono; and
��:H�R��A� , the Cit,✓ shares concurrent j urisdictien over the
p;:�:;.ar1� ::arber limit ci the �ity of Orono �cith the Lake �iir.netonka
Con��_:r°��at�on District and the Depart�er.t of ilaturai Reseurces of th�
S�:�� �f :�ii.._zesota; a^d �
T::iI�REAS , �h� Yegulation of the navigable waters involves an
• e.te�-::ise o� �olic� pcTaer of the State, LMCD and y'�e City of Orono, a�1
o� ��:�icn na-�e adopted rulcs �o �nsure to all eqaal enjovL;e:nt of the
�.�u'�lic r_igr.*_:� and to suppress tne ciashincr of ,:��bl?c anci private ir.terests
a���.� �esul'�inu pubiic di�orue� ; :,���d
V�ii�,it:��..C. , l.11e r��l.Z1Q l_�niJ l.'�il tll� :�.��it� J.�iCL �i:U t11P_ C,.t.1� L�±
Or�i:o r�gulate the prcpert�� righ�s of tr:e �-iparian o�.aners bot2�. as to
�ingl� fznu_iy residen�ial owners ar.d the commercial mar.ina o�;:ners , :o
the exter_` nron�biting any interference wi�h the public waters adjoir.�nq
t:,:a} proper�s° . The LT,1CD, DNK and the Cit�; oT Grono must fulfill their
trusteesnip over tne �u�lic waters by protectinc against inter`erence
b�.� anyone , ::.ncluding those who assert the ccmmorlaw rights of riparian
o��r.ers , cahether or not they be commercial nlarinas or single family
r`siciential owners; and
:�dFiEREAS , as to Lake Minnetonka, a mutual right of enjoyment
exists bet���een and is sr.ared by riparian owners and the public yenerally.
?'he r.�arir_as ha��e no e;.clusive privileges over Lake .�linnetonka. The
oniti- adciitiona� private right that the marina or any riparian ownzr m�y
have over th� public generally is to cor_struct 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 Minnztonka has the right to use
th� entire surface area of Lake Minnetonka for all suitabl.e purposes in
conunon with ala other riparian owners. This right is a right not only to
th� m�m.bers of the public but the right to each riparian owner. This
• mutual right of enjoyment which is shared by riparian owners and the
public �enerallv includes the recreatianal benefits of the Lake such as
boating and fishing therein; the riparian marina has no exclusive
privileeres to these rights; and
PAGE 3 OF 5
l
Clt� of ORONO
• RESOLUTION OF THE CITY COUNCIL
NO. 1277
•
• - • •
WHEREAS, as the population has increased around Lake
Minnetonka, and in the Twin City Area generally, it is clear that
more and more people have 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 r2innetonka is capable of substantial beneficial
public use only as lonc� as all riparian users of the Lake are regulated
in such a way as to ensL�re tnere is no abuse of the limited riparian
rights; and
t•�HEREAS, the marina as a commerciai riparian owner only has
limited riparian rights incident to the oumership 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 sar�e therefrom into Lake Minnetonka
to a L,oint of :�avigability; but, under no circw-nstances may he encroach
into Lake i•�inne�onka to a point where he impairs the water ' s navigability
• `cr othc.r public purposes o-r �•�here he unreasonably interferes with tne
surface water rights of a11 riparians and members of the public generally;
and
tvHEREAS , it is �undamental that a riparian owner ' s rignts are
measured br° the necessities and character of his use. The marinas,
for private cc-�mercial aain wish to t�mporarily and, in fact, permanentli�
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 u:i11 continue to be converted, into a commercial
enterprise all to the detriment of other riparian o��ners 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 the water is paramount
and should take priority over excessive riparian use for commercial
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 into Lake Minnetonka
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 commercial transfers
• of the riparian rights of Lake Minnetonka have resulted in an abuse of _
reasonable riparian access to Lake Minnetonka. Such abuses must be
qualified, restricted and subordinated to the paramount rights of the
public to the public waters of Lake Minnetonka; and
PAGE 4 OF 5
` Cit� of ORONO
• RESOLUTION OF THE CITY COUNCIL
NO. 1277
•
• • � •
69HEREAS , as a condition to the issuance of the 1975 commercial
marina licenses, each comMercial marina operator agreed with the City
in writing to an Operations Agreement outlining a three-year phased
improvement prog�am established to replace natural vegetation previously
removed, 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 performance standards
relat�ng to t::e non-conforming placement and use of docks and mooring
spaces upon the public waters; and
wHEREAS , all of the requirements of the 1975 Operations
agree�:e.t are reasonable exercises of the normal police powers of the
Ci.ty o� Orono ir.�enc�ed to correct the previous abuses and overuses of
public waters and the congested com.r.��ercial marina sites , to correct
�or the public Y:ar�: caused by such -abuses and to prevent future abuse
of tne �and or t%:e pubiic waters; and
��,?H�RFtiS, all of the requirements of Chapter 73 of the Orono
• .�lunicipal Code regulating commercial marina operat�ons , Section 35 . 100
of tne ��-�or_o Zoning r'ode regulating tne use of lakeshore business
distri�t �ro�ert_- and the I975 Operations Agreement are in full
con��rmi�y wi�'� tr� applicable r�gulations and intents and purpose
of tne Lak:� P�1�r.retonka Censervation District ' s regulations for commercial
mar�=�as and tne S*��t� of tilinnesota, Department of Natural Resources '
reg�.zlations for pret�cti�r. or ��u:�iic �.aaters; and
[ti'HERF'AS , the purpose of this Resolution is to set forth the
abo��e ncted generai conditions and concerns and the following special
conditicns as ��e�: relate to an application for an annual Commercial
Dock License described or_ �xl-iibit A attached,
i�TOW, THEREFORE, E� IT R�SOLVED, that the City Council of the
City or Orono hereby directs the staff to issue a Comsnercial Dock License
according to the facts and conditions noted on Exhibit a attached.
Adopted by the Cit`� Council o� the City o� Orono at their meeting on
the 2 7 day of P4ay , 19 81
- '�'t�c�..�C
William B. Van Nest, Mayor
ATTEST: Mary C. Butler, Acting Mayor
�
. � �
Walter R Bensan, City Administrator
PAGE 5 OF 5
CITY OF ORONO
• EXHIBIT A
RESOLUTION N0.
CONDITIONS OF ISSUANCE FOR ANNUAL COMMERCIAL DOCK LICENSE
I, LICENSEE _ Crvstal Bay Servi P -
Address 3398 North Shore Drive, Wayzata, MN 55391
Period January Z, 19 81 to December 31, 19 81
II. BOAT DENSITY �
The number of in�-plac� 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 number of authorized boat slips,
�ifts , buoys , or dry stack slips exceed the number permitted �in the
� prior year' s license.
Authorized Summer Density per attached plan:
• B�y Crvstal Bav
Transient Slips 2
Rental Slips �
Company Slips 1
Sub-Total: Slips at Docks
Of�-Shore �uoys
Maximum Boats in Water � 3
Dry stacked slip for use in lake �
Maximum Boats in water per prior license
Other Boats (for sale/service, etc. ) �
MAXIMUM BOAT DENSITY ON LAND AND/OR IN WATER 3
Exceeding this maximum boat density, or exceeding the number of permitted
slips, lifts or buoys is a violation of thi�s license sub,�ect to revocation
and/or prosecution for violation of Section 73,010 of the Orono Municipal
Code.
• Authorized Number of Winter Stored Boats 0
LXHII3IT A
Resolution No.
Page 2
• ,
III . DOC�: LAIOUT (refer�nct Exhibit B attached)
Diaximum authoriz�d leiigth of main dock 115 feet.
Docks e�tending beyond 200 ft. and docks encroaching into
required side }�ard se�backs are hereby specifically declared to
be il�egal non-conforminq structures which are not permitted under
this license. This aoplication �(,Q,b�,�j� (does not) contain such
iller,al structures . All such �Tiolations are subject to prosecution
under Sections 35 . 100 and 73. 010 of the Orono Municipal Code.
IV. °�?arina (is) �(,��/�yS,��' authorized �or FU�L SALES subject to cor�pliance
�aith the State Fire Code .
V. Rer,uired number of OI'F-S�'REET PARI�I�1G SPaCES 1
A11 such spaces must be maintained available on the property
d�aria:g a?1 sumrier season hours of operation.
VI. SPEC�tiL COr1�ITI0NS .required for co�r,pliance �•:ith the ordinances of
the Cit1 and/or the LA:CD. The issuance o� this license is subject
to fuil com�liance �,=ith these conditions . �ailure to comply �aith
• these conditions is cause f�r license revocation and/or prosecution
by t'�e City.
l. New dock to be constructed per survey dated April 22, 1981
(Exhibit B)
a) Dock to meet all setback� and length standards for commercial
� operation abutting a residential �roperty .
� b) Fueling area to be rebuilt according to current L.P��.C.D.
standards �
c) Total of 3 slips - 1 .for company boat, 2 for distressed boat,
no boats to be docked overnight
d) Company boat must be licensed to owner of Cr_ystal Bay Service
2. A conditional use permit for the sale of nrex�ackaged foods and
cold drinks from vending machine - owner to be responsible for -
furnishing adequate trash recepticles on premises
3. Council will not approve the expansion of marina use on this
limited property. The service station' s marina license does
' not include the sale of boats or rental slips. Boat repair will
be limited to dock area on Crystal Bay. There will be no storage
of boats ,allowed on the premises. .
•
EXHIBIT A
Resolution No.
Page 3
•
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 r�innetonka and the premises shall remain subject
to such regulations and ordinances as the City and other competent
regulatorv authorities shall deem necessar_y from time to time in
the public interest.
•
.
. ~ �� � :
� . �
��
. �' - //- �( . , � 1 9 � /
� - � L(LYg�"kL l3P'�4' S Oz.vl C.c
.
• a ' � Ccrtificate o�i' Survey "
• � for Union Uil Co��rry w EST L�-Y3TA�.t3 � ,
• in I.ots..11 and 12, ":y3iard's Park � �tl��H O .
Hennepin,County� Y.innesota ' • '�-
, . . �... •�2: .... _: .�.
, . . _ . .
_ ,. ��--� 3 .'o.Q,�,'`- � ; � :� -, . �
. . . ' —. �'�� �� .�. '� . -- _ _ 3z�'— — ——
. , . . —
�
• � - 6�� .w.� �� , r .�
� �/in� • .'
. ' - �� w•� A 6�und�fy • � '�':;
� i( i rP �°�' lN�� �_-r�' �;'�t' ' ' ��:-•�;_ f .
rJ y rs 7ray � • �_ . i: ,•r.'' "."• '_,:.� v r •
' � ��5✓ . . . . . •_ • �• ' �,z�7..<,�:.'..{:� -"'
.� � . . ' ` , ,� . � .. . ;'::.•::::• '..
_, . ,�- , � , _ ,.. .-. A"'�~ .
.' � • c._ �"� :yii:.::.s- O
• No�t1�p�/y /� of 40-{oof� . . ,, - � •� � _..... - ':t.'.''• . , . .
. � h�/�woy posc�r»en�a�siri6sd ' '`��'•'_�p�� - `f '= " : '. . .
�h DOE. No.333oS68da�1 ''I''�''- 5✓. ' rl,�•''�� , .
Au9usf z9, /96/. • 3y9' : ••., - _.,:,`-: :=• g•' . , • �
� �_ _�s� . .�,�oP!',,,�::r'''�� . .
, '�'". . _ _b14� -�:.;_:-�-' _ . ,
. .'� �� •�,;rj''�1 - , , ' 1 . .
v-' /� \.-,� :f�:��y .1�or.l�nt-' 4 ( •
. ,� • ,.-; :f':+ � �D
• . �� ' .if�I i \ • l ' � 1 � '
� \ . 929.4 cor►�«H'l � 6 V p. ��
� � • . . 1929) on apnl 2 i I y,. J • '
i� ". ' ' � �
I�: ' . .` ` �
�. � '�O. . � � .��\ ' . � 5��� �� .
' . . . / . _ �� , � ` �� p 1' . - . • .
�
. . j : . . � � � o
. � � � - � 1 3�
� � � -
, : I hsraby ce*tify tnet this is a . ' � �
tn:e and correct representsti�n � . . (:
� o� a suz-ce� o� tne Sout;;erly -;� /
bcur:darle� of !,ot 12 and the l�est " • � : � � �
• 32 feet of �t 11, "Lydiard's Park", • , O � � ; / .
� :�ske r'.innetonka, Her.neoin County, '3 ` �- � ad �
. :;ir.nesota, for the sole purpose of � � � •
shouin��the� relationshio of the highwa± � . - � /�� .a• '� ' �'. � '
blacktop, the highWay ea'set�ent dated r � - �. '
au�ust 29, 19b1 (Ibc. ro. �3330868}, the oi � . � 3� � ..
� � 929.� con�our lir.e {;�GVD 1929), and an - , +� . '
- exjsting dock. . � . . . . • � `� ��
� . . . . . . .
� � - , ' . . ' . .
.�� � � Scale: 1 inch = �O .i'eet - . . . .. • Gordon .E. Coftin .,Reg, :o. b064 •
Dnte : � �G-22-E1'- .. ; :_ . • � - • � �Land Surve or aad• Planner . . •
. . - . . : • • .; . Long 'Lake, nnesota ; . ' - .
� � � � • � � ' ' -, . •, . : ' . �, - - �