HomeMy WebLinkAboutResolution 969• RESOLUTION NO. 969
A RESOLUTION DIRECTING STAFF
TO ISSUE A COMMERCIAL DOCK LICENSE
TO PAUL'S LANDING
SUBJECT TO CONDITIONS NOTED HEREIN
FOR THE PERIOD OF JANUARY -1., 1978 TO DECEMBER 31, 1978
WHEREAS, the City of Orono, hereinafter "City", is a
municipal corporation organized and existing under the laws 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" 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 ga6oline, 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 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
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
Resolution No. 969
Page 2
WHEREAS, because of the geographical location of the
marinas and their proximity to heavy population, and the access to
marinas by county and city roads, and the general use of the bays
of Lake Minnetonka 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 extensions of docks
and mooring areas into Lake Minnetonka in the interest of public
order and to protect the life, safety and welfare 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 the
primary harbor limit of the City of Orono with the Lake Minnetonka
Conservation District and the Department of Natural Resources of
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 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 commercial marina owners, .
to the dxtent prohibiting any interference with the public waters
adjoining that property. The LMCD, DNR and City of Orono must fulfill
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 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 other 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; and
Resolution No. 969
• Page 3
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 Minnetonka is capable of substantial beneficial
public use only as long as all riparian users of the lake are regulated
in such a way as to insure thete 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 Minnetonka 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 public use of 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
Resolution No. 969
Page 4
WHEREAS, 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 program 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
relating to the nonconforming placement 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 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 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 Exhibit A attached.
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
the 18 day of December , 19 78
44'
William B. Van Ne t, Mayor
ATTEST:
alter R. enson, Clerk/Administrator
CITY OF ORONO
EXHIBIT A
RESOLUTION NO. 969
CONDITIONS OF ISSUANCE°FOR COMMERCIAL DOCK LICENSE
I. •LICENSEE Paul's Landing
Address 1950 Shoreline Drive.
Year 1978 Period - January 1, 1978 to December 31, 19 78
II. BOAT DENSITY
The 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 number 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:
Transient Slips
Rental Slips
Company Slips
Sub -Total: Slips at Docks
Offshore Buoys
Maximum Boats in water
Smiths Bay
47 iomit 7 on adjoining property)
0
47
22 (omit 3 beyond 300')
69 69 .
Dry stacked slip for use in lake 43
Maximum Boats in water per prior license 112
Other Boats (for sale/service, etc.) 47
MAXIMUM BOAT DENSITY on land and/or in water 159
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 66
EXHIBIT A
•Resolution No. 969
Page 2
III. DOCK LAYOUT
(reference Exhibit B attached)
Maximum authorized length of main dock 200 feet.
-Docks extending beyond 200 ft..and docks encroaching 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).,.---- contain
such illegal structures. All such violations are subject to
prosecution under Sections 35.100 and 73.010 of the Orono
Municipal Code.
IV, Marina (is) authorized for FUEL SALES subject to
compliance with the State Fire Code.
V. Required number of OFF-STREET PARKING SPACES 72
• All such spaces must be maintained available on the property
'during all summer season hours of operation.
VI. SPECIAL"CONDITIONS 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 for license revocation
and/or prosecution by the City.
1. This license is conditionally granted after -the -fact as
recognition that the docks on this property were rented or
leased during the summer of 1978 without specific approval by
the City.
2. The City of Orono hereby denys your 1978 Commercial Dock
License to the extent of denying a license to those portions
of your operation which are non -conforming as follows:
a) Those docks erected and used outside of the LMCD
authorized dock use area including at least 7 slips
in front of -the property to the north of the marina.
b) Those buoys in place and used beyond 300 ft. from the
i' shoreline.
• EXHIBIT A
Resolution No. 969
Page 3
VI. SPECIAL CONDITIONS (Cont.)
2. c) Those docks and buoys existing and used near to the edge
-of the authorized dock use area such that maneuver of boats
must occur outside -of the authorized dock use area.
d) Those wooden ramps extending beyond the shoreline.
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.
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 the City and other competent
regulatory authorities shall deem necessary from time to time in
the public interest.
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