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HomeMy WebLinkAboutResolution 1340 ., r ; r ; . . � ��-�- Cit � o� ORONO � d .� �' ,�. .:2: . �{~ RESOLUTION OF THE CITY COUNCIL Q�Wd .. .���- NO. 1340 �� :�F . � - • • : . � . A RESOLUTION DIRECTING STAFF TO ISSUE A COrI1�lERCIAL DOCh LICENSE TO CHASKA MARINA SUBJECT TO CONDITIONS NOTED HEREIN FOR THE PERIOD OF SEPTEMBER 1, 1981 � TO DECEMBER 31, 1981 WHEREAS, the City of Orono, hereinafter "City" , is a municipal corporation organized and elisting under the la�as of the State of Minnesota and has the authority and responsibility under �iinnesota Statutes, State Statute 412, et. seq. and State Statute 462 , et. seq. to protect the health, safety and general �eelfare of the citizens of the City and other members of the public within the . City; and WHEREAS, within the City there eaist several commercial 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 acticities 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 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 4vHEREAS, 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 • � � d-���� Ci.t� o� ORONO � . � • �`�� . .k i�. '°��� RESOLUTION OF THE CITY COUNCIL ' ���� � NO. 1340 .. • �. � _ ' . . • - � �� '� ''pHEREAS , because of the geographical location of the marinas and their proxi:,lity to heavy population, and the access to • marinas by county and city roads, and the general use of the bays of Lake t�Sinnetonka for recreation by way of swimming, boating, fishing and water sports by the citizens of Orono, the City regulates both the on-land activities of marinas and the e�;tensions of docks and mooring areas into Lake Nlinnetonka in the interes� of public order and to protect the life, safety and wel=are of the community. The City through its regulations is not licensing boats but is only licensing _. the marinas to the extent the marina operations affect the general public and the adjacent properties within the City of Orono; and ' � WHEREAS, the City shares concurrent jurisdiction over �he primary harbor limit of the City of Orono �aith the Lake riinnatt�nka _ Conservation District and the �Department of Natural Resource� o� �the � State of Minnesota; and WHEREAS, the regulation of the navigable waters involves an exercise of police power of the State, LMCD and the City of Or.ono, all • of which have adopted rules to ensure to all equal enjoyment of the public rights and to suppress the clashing of public and private interests and resulting public disorder; � and • � • � ZvHEREAS , the regulations of the D�iR, LMCD and the City of Orono regulate the property rights of the ripa.rian owners both as to single family residential owners and the commercial marina o�aners , to the extent prohibiting any interference with the public wa�ers adjoining that property. The LMCD, DNR and the City of Orono must fulfill their trusteeship over the public. waters by protecting against interference � by anyone, including those who assert the� commonl.aw rights of riparian owners, whether or not they be commercial marinas or single family residential owners; and WHEREAS, as to Lake Minnetonka, a mutual right of enjoyment exists between and is shared by riparian owners and the public generally. The marinas have no exclusive privileges over Lake Minnetonka. The 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 use the entire surface area of Lake Minnetonka for all suitable purposes in common with all oth�r riparian owners . This 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 the . public generally includes the recreational benefits of the Lake such as boating and fishing therein; the riparian marina has no exclusive privileges to these rights ; ancl (� . . �ti - � . . �- � ;Y� C�t� o� ORONO - • � =n ,., ='r`'` � RESOWTION OF THE CITY COUNCIL ��'�`.a . .. �• . NO. 1340 • � '�__ . • � • • ; WHEREAS, as the population has increased around Lake � � Minnetonka, and in �he Tcain City Area generally, it is clear that more and more people have used the Lake for sailing, rowi:ng, fishing, boating, bathing, skati°ng, and other public purposes .�ehich cannot be no�a fully enume�ated or even anticipated; and GVHEREAS, Lake A4innetonka is capable of substantial beneficial public use only as long as all riparian users of the Lake are r�gulated �� in such a way as to ensure there �is no abuse of the limited riparian rights; and � WHEREAS, the �marina as a commercial riparian owner only has limited riparian rights incident to the ownership 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 same therefrom into Lake Minnetonka to a point of navigability; but, under no circumstances may he encroach • into Lake DZinnetonka 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 exceed a reasonable use of their limited riparian rights; and WHEREAS, the most general publ.ic 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 Pdinnetonka 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 rZinnetonka. Such abuses must be qualified, restricted and subordinated to the paramount rights of the � public to the public waters of Lake Minnetonka; and �. . o � . . . . �. �� C�t� o� ORONO � � - �� � • � �������� � � �r� RESOLUTION OF THE CITY COUNCIL � � �, S' „ 'Y{; NO. 13 4 0 � �{�' • - • • ' . 6�1HEREAS, as a condition to the issuance of the 1975 commercial marina licenses, each commercial marina operator agreed with the City , in �ariting to an Operations Agreement outlining a three-year phased improvement program established to replace natural vegetation previously removed, to provide for adequate stori�� wa-�er 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� � . relating to the non-conforming pl.acement 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 of 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 �he Orono Zoning Code regulating the use of lakeshore business district property and the 1975 Operations Agreement are in full . conformity with the applicable regulations 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 Sxhibit A attachea, 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 t eir eeting on the 14th day of December , 1981 • [�Iilliam B. Van Nest, ayor ATTEST: • �,�.c�/�,/��//"1� Alberta M. Strom, Citv Clerk � w Y ' . . CITY OF ORONO � . �. S EXHIBIT A RESOLUTION N0. 1340 . _ . CONDITIONS OF ISSUANCE FOR ANNUAL CONIMERCIAL DOCK LICENSE I. LICENSEE � � Chaska r�arina Address 3324 North Shore Drive, �aayzata 55391 Period september l, 1981 to December 31, 19_,� II. BOAT DENSITY The number of in-place boat slips , lifts and buoys shall not exceed the � number shown on the attached plan, Exhibi.t B, and in accor�ance Taith . Resolution 938, in no case shall �he number of authorized boat slips, lifts, buoys, or dry stack slips exceed �the number permitted �in the � prior year' s license. Authorized Summer Densi�y per attached plan: • Bay Maxwell 0 Transient Slips - ----- Ren�al Slips �� Company Slips- � ��� ��� Sub-Total: Slips at Docks �� ___.___.__- — 0 Off-Shore Buoys _______ Maximum Boats in Wa�er ?� ._ �� __________ Dry stacked slip for use in Iake — � Maximum Boats in water per prior license Other Boats (for sale/service, etc.) 22 MAXIMUM BOAT DENSITY ON LAND AND/OR IN WATER 99 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 Orono Municipal • Code. . � Authorized Number of Winter Stored Boats 80 , � . � .� ► � . . . . . . . EXHIBIT A Resolution No: 1340 � �age 2 � III . DOCK LAYOUT (reference Exhibit B attached) . Dlaximum authorized length of main dock 200 feet. Docks etiteriding beyond 200 ft. and docks encroachin.g into required side yard setbacks are hereby specifically declared to � be illegal non-conforming structures which are not permitted under this license. This application (does) (does not) contain such illegal structures. All such violations are subject to prosecution under Sections 35. 100 and 73. 010 of the Orono Municipal Code. IV. P4arina (is) (�s-�e�) aut�horized �or FUEL S�-�LES subject to coMpliance with the State Fire Code. V. Required. number of OFF-STREET PARICIDIG SPACES 78 All such spaces must be maintained available on the property � during all sumrier season hours of operation. VI. SPECIAL CONDITIONS required for compliance with the ordinances of the City and/or the LDZCD. The issuance of this license is subject � to full compliance with these conditions. Failure to comply with these conditions is cause for Iicense revocation and/or prosecution by the City. The owners of Chaska Marina are aware of the findings setforth � in Resolution 1286 , a resolution approving a 1981 commercial dock license for North Star Marine and Resolution 1291, a resolution that denied a 1980 commerical dock license to North Star Marine reviewing the long history of violations of the Orono Code and the L.M.C.D. ordinances. The owners and management will operate Chaska PZarina in accordance with all conditions setforth in Resolutions 1286 and 1291. VII. Nothing in this license shall confer upon any person for the . � b�nefit of any property any vested right to use Lake t�iinnetonka or the premises in a manner permitted by this resolution , but � the use of Lake f9innetonka and the premises shall remain subject � to such regulations and ordinances as the Citv an� other competent r�gulatory author i ties shal l deem necessar�.� `_ro*� *_i,�e to t�:�e in the public interest.