HomeMy WebLinkAbout03-21-2011 Planning Commission Packet � � �
`� MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Tuesday, February 22,2011
6:30 o'clock p.m.
ROLL
The Orono Planning Commission met on the above-mentioned date with the following members present:
Chair Kim Kang, Commissioners Loren Schoenzeit,Denise Leskinen,Linda Feuss,John Thiesse,and
Hue Alexander. Representing Staff were Assistant City Administrator for Long-Term Strategic Planning
Mike Gaffron, and Recorder Jackie Young. City Council Member Cynthia Bremer arrived at 6:40 p.m.
Chair Kang called the meeting to order at 6:34 p.m.,followed by the Pledge of Allegiance.
CONSENT AGENDA
*1. APPROVAL OF PLAN1vING COMIVIISSION MEETING MINUTES OF JANUARY 18,
. 2011
Kang moved,Schoenzeit seconded,to approve the minutes of the Orono Planning Commission
meeting of January 18,2011, as submitted. VOTE: Ayes 6,Nays 0.
NEW BUSINESS �
2. #11-3498 KRAUS-ANDERSON, 875 WAYZATA BOULEVAItI)WEST,RESIDENTIAL
PLANNED ITNIT DEVELOPMENT, 6:37 P.M.-7:44 P.M.
.Matt Alexander,Kraus-Alexander; Steve Johnston, Civil Engineer; Jill Nolcleby-Kaiser,Ebenezer; and
Dan Neudecker,Pope Architects, were present.
Gaffron stated the applicant is requesting RPUD Master Development Plan approval, and RPUD
conditional use permit,and rezoning of the property located at 875 Wayzata Boulevard.
In the 1980s,this property was granted a conditional use permit for a daycare. Following the closure of
the daycare,the property had several development application starts and stops. The single-family zoning
at the one home per two acre density was becoming unrealistic considering the property's location
situated between two highways, a regional trail,and a cemetery. It was undesirable for development of
single-family homes. The property was then reguided to allow a higher density of residential units to
open the doors for more development options.
Recently the Welsh Companies and Ecumen made an application for an assisted living facility which was
generally well received and the City felt that such a development would fill a need in the community.
The Planning Commission reviewed their application at the June 21,2010,meeting. On July 12, 2010,
the City Council granted Residential Planned Unit Development concept plan approval to Welsh
Company for their proposed 55-unit assisted living project at 875 Wayzata Boulevard West. Since that
time Kraus-Anderson and Ebenezer have taken over the project and wish to pick up where Welsh and
Ecumen left of£
In January, the new applicant/developer,Kraus-Anderson,made the application to complete the final step
of Master Development Plan approval,which also includes rezoning from RR-1B to RPUD and a RPUD
conditional use permit to allow assisted living.
Page 1
�.
y
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Tuesday, February 22,2011
6:30 o'clock p.m.
(#11-3498 KRAUS-ANDERSON,875 WAYZATA BOULEVARD WEST,CONTINUED)
The language in the 2008-2030 Community Management Plan was revised in the most recent CMP
update process to allow for the site to be developed at a density of up to 15 units per buildable acre with a
maximum structural coverage of 30,000 square feet. Including the covered entry,the applicant is
proposing a two-story building with a 25,665 square foot footprint and a total of 47,891 finished square
feet. The building will consist of 63 total units—33 assisted living, 11 enhanced assisted living, and 19
. memory care units.
The Planning Commission should consider the following:
1. Compatibility of the proposed plan with the RPUD standards and consistency with the goals,
policies,and objectives of the comprehensive plan and surface water management plan;
2. Preservation of the site in its natural state to the greatest extent practicable by minimizing tree
and soil removal and designing grade changes to be in keeping with the general character and
' appearance of neighboring properties;
� 3. Creation of compatible relationships between buildings and open spaces both on the site and
adjacent to it,incorporating natural site features and with existing and future buildings having
a visual relationship to the development, giving special attention to:
a) An internal sense of order for the buildings and uses on the site and provision of the design
concept and the compatibility of the same with the adjacent and neighboring structures and
uses; and vehicular and pedestrian circulation,including walkways,interior drives,and
parking in terms of location and number access points to the public streets,width of interior
drives and access points,general interior circulation, separation of pedestrian and vehicular
traffic and arrangement and amount of parking.
4. Promotion of energy conservation through design,location, orientation and elevation of
structures,the use and location of glass in structures and the use of landscape materials and
site grading;
5. Protection of adjacent and neighboring properties through reasonable provisions for surface
water drainage, sound and sight buffers,preservation of views,light and air and those aspects
of design not adequately covered by other regulations which may have substantial effects on
neighboring land uses.
The applicants'new plan appears to have two full floors where the previous plan had a stepped down or .
ground hugging appearance on the ends of the building.
The City had conducted a review of the information submitted by the applicant. It appears two of the
wetlands on the properiy have been determined not to be wetlands under the Wetland Conservation Act
jurisdiction. Therefore,these wetlands do not fall under the City's wetland regulations. The wetland �
buffer widths shown on the applicant's plans are based on the MCWD width requirements and exceed by
five feet the City's buffer width requirement. A financial security in the amount of$12,000 should be
provided by the developer with regard to wetland buffers.
Page 2
�
` MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Tuesday, February 22,2011
6:30 o'clock p.m.
(#11-3498 KRAUS-ANDERSON,875 WAYZATA BOULEVARD WEST, CONTINUED)
The developer has provided a final,master development plan for the development that generally
addresses all the standards of the RPUD District and shall demonstrate to the satisfaction of the City
Council that all RPUD standards have been met. The Concept Plan approval resolution outlined the plans
and specifications required for Master Development approval. These plans have either been submitted or
are in the process of being submitted for review and approval by the City and other appropriate
jurisdictions. Acceptable plans will be required prior to Council review.
Each property rezoned to RPUD shall only be used for the use or uses for which the site is designated in
the comprehensive plan. Assisted living facility was recently added as an allowed conditional use with
the RPUD district. The proposed use; as an assisted living/multifamily facility, generally meets the
comprehensive plan standards.
A site proposed to be rezoned to RPUD with proposed density greater than one unit per two acres must be
in the metropolitan urban services area and must be serviced by municipal sewer. Sewer and water are
available to this site. The property is within the MUSA. The applicant has submitted sewer and water
utility plans and they are currently being reviewed by the City Engineer.
Each development in the RPUD District shall have a density within the range specified in the plan for the
specific site. This project will result in an overall density of 9.8 units per buildable acre,which conforms
to the 2008-2030 CMP guiding of this property allowing up to 15 units per acre.
For properties guided for residential use in the comprehensive plan,a building height limit of 30 feet shall
apply. No mansard or flat roofed multiple-family building will be allowed. The currently proposed
building is a slightly different design than what was previously proposed. At 25 feet,the overall defined
heights meets the 30-foot height limitation.
Each RPUD development shall provide a minimum of ten percent of the gross project area in private
recreational uses for project residents. Such area shall be for active or passive recreational uses suited to
the needs of the residents of the project,including swimming pools,trails,nature areas,picnic areas,tot
lots and saunas. Private recreational area requirements are in addition to the standard park dedication
requirements. The site offers a great deal of open space or natural area. There are 3.8 acres of wetland
and over five acres of usable, open space including outdoor patios. The proposal meets the RPUD private
recreational area requirement.
Signs shall be restricted to those which are permitted in a sign plan approved by the City and shall be
regulated by permanent covenants. Any proposed monument and wall signage will be required to meet
City Code signage requirements. The right-of-way is irregularly wide in this area. The landscape plans
show a monument sign just outside the property boundary along the driveway and within the right-of-
way. The developer must show that Hennepin County or MN/Dot has granted approval for this location.
An alternate location has also been showing within the property at the northeasternmost point along
Wayzata Boulevard.
The RPUD minimum landscaping requirement states that all open areas of a lot which are not used or
improved for required parking areas,drives,trails or storage shall be landscaped with a combination of
Page 3
c
Y
, MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
. Tuesday, February 22,2011 ., .
6:30 o'clock p.m.
(#11-3498 KRAUS-ANDERSON,875 WAYZATA BOULEVARD WEST, CONTINUED)
deciduous and coniferous species,including overstory trees,understory trees, shrubs, flowers and
groundcover materials according to the RPUD Code Section 78-626(14)(b)(1).
The site perimeter is 3,292 linear feet. The building footprint is 24,500 square feet(without the canopy).
According to the applicant's plan,they have used a perimeter based on the developed portion of the site
rather than the entire property resulting in a lower number of trees required. The plan should be revised
to address the number of trees as required by code.
The plan as proposed is short 24 deciduous and 10 coniferous trees. The plans exceed the required
number of shrubs considerably by 294 shrubs,but the excess of shrubs does not offset the required trees.
The plan should also identify all of the healthy trees to be removed from the site that are over six inches
in diameter. The applicant has been asked for this information and additional detail in the landscape
plans. The revised plans should be received,reviewed,and approved by Staff prior to the City Council
meeting.
The applicant has provided building plans, colored elevations, and a materials sample board for the
� Planning Commission review. .
The City may require a traffic analysis to be prepared by a registered traffic engineer approved by the
City to assess potential traffic impacts on local streets. All access to the development is proposed to be
the existing access on Wayzata Boulevard. Wayzata Boulevard is not a local street but is classified as an
"A"Minor Arterial. As with the Concept Plan review,the City has not requested a traffic study for this
project. The applicant will have to obtain the appropriate access permit from MN/Dot or Hennepin
depending on the status of jurisdiction.
All RPUD developments shall be subject to the general performance standards for lighting. The applicant
has submitted a proposed lighting plan. The plan appears to be in confornuty with the general lighting
standards of the zoning code. The City's most comprehensive lighting standards are contained within
Section 78-831 which are appropriate to use as a guide for reviewing this residential development—any
inconsistencies will be noted prior to Council approval. The applicant will be required to provide plans
and specifications for each type of fixture with the building pernut application. Ideally,the fixtures will
be shielded and downcast.
When any portion of the project is within 1,000 feet of a public trail system,pedestrian access shall be
provided to the trail system by means of a public trail constructed at the developer's expense. The
applicant has not proposed an access to the Luce Line Trail due to the nature of the development.
Because the proposal is for a multi-unit residential developed guided for urban density,the project is
subject to the requirements of Orono's Conservation Design ordinance. The applicant has prepared a
Conservation Design Master Plan for the site. There are some minor outstanding elements of this plan
which the applicant is continuing to develop. Staff feels that the remaining items can be addressed before
the City Council reviews the application.
Master development approval is contingent upon the successful execution of a Development Agreement
between the applicant/developer and the City. The agreement shall address all specific City requirements
Page 4
� MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Tuesday, February 22,2011 �
6:30 o'clock p.m.
(#11-3498 KRAUS-ANDERSON, 875 WAYZATA BOULEVARD WEST,CONTINUED)
for the development. The Development Agreement shall include a financial guarantee by the applicant to
ensure the completion of site improvements. Once the final plans are approved,the City Engineer shall
complete an estimate of improvement costs,including but not limited to private roads, curb and gutter
where required,landscaping, grading, erosion control,utilities,wetland and wetland buffers, conservation
design requirements and storm water management facility construction,and the applicant shall provide to
the City a financial guarantee of 150 percent of the improvement costs.
The standard storm water and drainage irunk fee for residential development shall be paid by the
developer per the 2010 City Fee Schedule and comes to$72,520.
The developer shall pay the standard park dedication fee in lieu of land dedication based on the value of
eight percent of the land with a minimum residential park fee of$3250 per dwelling unit. The developer
is proposing 63 total units. Assuming the estimated market value of$1,276,000 from Hennepin County
tax records,the minimum fee would apply. Applying the minimum residential park fee and removing
only the memory care units would result in a park fee of$3250 times 44 units equals $143,000.
There are no City of Orono sewer and water connection charges due because the properly has been
assessed for sewer and water installation. However,the developer shall be responsible for connection
charges imposed on the City of Orono or on the developer by the City of Wayzata for connection to their
systems. MCES Sewer Availability Charges will be collected with the building permit for the property.
Prior to final development approval by the City Council,the developer will have paid all required fees
associated with the Master Development Plan.
The Planning Commission should provide direction to the applicant to resolve the outstanding or
unresolved items prior to the Council's review.
Matt Alexander,Kraus-Anderson, stated Kraus-Anderson is currently the developer/property owner in the
state of Minnesota of approximately 4.5 million square feet throughout the Twin Cities in addition to the
consiruction arm of their business. Kraus-Anderson has found Ebenezer to be a strong pariner and they
have developed a business plan to create approximately half a dozen similar projects throughout the metro
area. .
Jill Nolcleby-Kaiser,Ebenezer, stated they have been in business serving seniors for approximately 94
years in the state of Minnesota and serve approximately 4,000 seniors at the present time. The proposed
memory care unit will provide a secured environment that provides social and clinical support for people
suffering from dementia and has onsite staff 24/7. The assisted living units allow the individual to live in
their own apartment with some limited assistance. Ebenzer is excited to be involved in this project with
Kraus-Anderson and look forward to working with the City of Orono.
Kang asked what other facilities Ebenzer operates.
Nokleby-Kaiser indicated they currently have five nursing homes and seven assisted living sites.
Ebenezer operates the Nine Mile Creek facility in Bloomington as well as a facility in Edina. They also
manage the Meadow Woods facility, own and operate the Deer Crest facility in Red Wing,the Arbors
Assisted Living Center, and the Meadows facility in Wyoming.
Page 5
MINUTES OF�THE
ORONO PLANNING COMMISSION MEETING
Tuesday, February 22,2011
6:30 o'clock p.m.
(#11-3498 KRAUS-ANDERSON, 875 WAYZATA BOULEVAIZD WEST, CONTINUED)
Kang asked if these facilities are close to capacity.
Nokleby-Kaiser stated the budgeted occupation is 93 to 95 percent due to turnover, and at the present all
facilities are at their budgeted occupancy except for the one building that opened�last year.
Schoenzeit asked whether any of the residents receive public assistance or whether all the facilities are for
profit.
Nokleby-Kaiser indicated it depends on what facility they reside in and that they have limited
participation in that type of assistance given the lower rate of compensation. Typically 10 percent of each
facility has residents who receive some type of assistance.
Schoenzeit asked whether this facility would also be approximately 10 percent. .
Nokleby-Kaiser stated it would likely be 10 percent but that the exact percentage still needs to be
determined.
Kang asked which city would serve the facility for medical emergencies.
Gaffron indicated it would likely come from the Orono Police Department and the Wayzata Fire
Deparhnent. Gaffron indicated the Long Lake Fire Department serves all of Orono except for a one mile
strip on the east,which this property likely falls into.
Nolcleby-Kaiser noted they do have staff on hand 24 hours, seven days a week,which would eliminate the
need for some of the emergency calls. They anticipate having fifteen staff inembers during the day and
then at night it would range between two to four staff personnel but that the number of staff inembers
depends on the amount of services being provided.
Kang asked what type of security would be provided for the residents. '
Noldeby-Kaiser indicated the memory care building would be a locked building and the visitors would
need to call either the nurse's station or the individual they are visiting to gain entry to the building. The
memory care residents also need an access code to leave their floor.
Dan Neudecker,Architect, displayed the design of the building and site plan. The two-story building will
use manufactured stone at the base of the building and lap siding above. The site is adjacent to the Luce
Line Trail. Due to the steep topography in the area,it will be difficult to provide access to that trail.
There will also be a small storage structure on site adjacent to the building and a walking path around the
building. There will be a drive-under canopy in front of the entrance of the building along with a front
porch.
Neudecker indicated they are proposing a fair amount of landscaping for the site. There is a substantial
number of existing trees on site near the wetland as well as along Old Highway 12. The site is fairly well
screened from two sides.
Page 6
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Tuesday, February 22,2011 �
6:30 o'clock p.m.
(#11-3498 KRAUS-ANDERSON,875 WAYZATA BOULEVARD WEST, CONTINUED)
The memory care units would be located on a secured floor. The amenities include a commercial ldtchen,
assisted living dining room, with the memory care unit having a separate dining room, a spa or bathing
area,theatre,fitness area,library, and computer room. The typical unit plan would consist of a living
room,bedroom, small kitchenette containing a range, and a bath/shower area. Some units will have larger
bedrooms. The studio units will consist of a living room,bath, and kitchen area.
Alexander displayed the proposed materials for the building to the Planning Comxnission.
Feuss asked where the two non-wetland areas are located.
Steve Johnston, Civil Engineer, stated those two areas are not depicted on the plan but they are in the area
of the existing septic system for the daycare. The swale for the parking lot was created at the time the
daycare facility was constructed and it has developed wetland characteristics over the years but it is not
technically classified as a wetland.
Feuss asked what would happen with those areas under this proposal.
Johnston indicated they would be covered by the parking lot. Johnston noted the appropriate government
agencies have looked at the so-called wetland areas and have determined they should not be classified as
a wetland.
Schoenzeit asked what the grade elevation the Luce Line Trail is and where it would hit the building.
Schoenzeit commented it appears the trail would be at the roofline elevation.
Johnston displayed two photographs taken from the Luce Line Trail. Johnston pointed out the roofline
would be hidden by the berm on one end of the building and that the peak of the roof is actually eight feet
higher than the trail on the other end.
Neudecker indicated to the ridge of the roof is 30 feet.
Schoenzeit stated the elevations are attractive from the grade of the parking lot but that the observers from
the trail would get the appearance of a warehouse building. Schoenzeit suggested larger gable roofs be
incorporated in the design to help break up the long, continuous roofline.
Neudecker noted they are planning some gable roofs at the ends. They are a lower pitched gable roof at
24.5 feet, which is below the 30 feet allowed.
Schoenzeit encouraged some thought be given to the appearance of the building from the Luce Line.
Neudecker indicated they are also planning some landscaping,particularly evergreen trees, adjacent to the
trail.
Alexander stated their goal is to screen the building and to have it blend into the site.
Page 7
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
, Tuesday, February 22,2011
6:30 o'clock p.m.
(#11-3498 KRAUS-ANDERSON,875 WAYZATA BOULEVARD WEST,CONTINUED)
Kang stated to her recollection the Planning Commission had recommended to the previous applicant that
they incorporate landscaping to help screen the building from the Luce Line.
Feuss commented with Staff's recommendation that additional trees be planted on the site,it will be a
good improvement over what currently exists.
Thiesse stated the building has a nice appearance but that the height of the roof appears high. Thiesse
asked about the mechanical equipment.
Gaffron pointed out the east half of the top of the T is flattened out to accommodate the commercial
kitchen and mechanical equipment.
Neudecker indicated that area will accommodate an e�aust hood and makeup air unit.
Thiesse suggested the mansard be kept as tall as possible.
Neudecker indicated that is their intention. �
Alexander pointed out the height of the canopy is not correctly depicted on the plan and that the trees will
actually tower over the building.
(Hue Alexander leaves the meeting at 7:25 p.m.)
Leskinen noted the last roof proposal from Welsh was not as tall and asked why that is not being
proposed for this facility.
Neudecker stated the difference between this proposal and the last proposal is that the ends of the building
were stepped down where this one is one continuous roofline.
Alexander pointed out that when you do the stepping down, it creates a larger roof area and that the
gables they are proposing at the ends will help to soften the appearance of the roof.
Gaffron asked whether the mechanical equipment is located in a depressed area of the roof.
Neudecker indicated it is and that the mansard is approximately eight feet tall.
Alexander pointed out from the Luce Line you will not be able to see the mechanical equipment.
Thiesse asked whether mansards are currently allowed in Orono.
Gaffron stated he was not aware that a mansard was proposed on the plan until earlier this evening and
that he has not checked City Code to see what that would allow. The height would be measured from the
top of the mansard and not to the average height of the roo£ Gaffron indicated he is not sure what the
height measurement would be if the sloped roof would be continued up to a peak.
Page 8
� MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Tuesday, February 22,2011
6:30 o'clock p.m.
(#11-3498 KRAUS-ANDERSON, 875 WAYZATA BOULEVARD WEST,CONTINUED)
Neudecker indicated it would be the same pitch. The roof height in that area would be 30 feet and the
mansard roof is at 24 to 25 feet. Neudecker stated the kitchen is located on the first floor and they could
attempt to run the exhaust out the side wall,which would not be very attractive. The exhaust for the
grease,however,would need to run out the top of the roof.
Alexander commented Kraus-Anderson is desirous of a well-constructed project that will stand the test of
' time.
- Kang asked what type of deliveries would typically be made to the facility.
Alexander stated there would be deliveries to the kitchen. Alexander pointed out the area where the
deliveries would be made on the plan.
Gaffron displayed plans from the previous Welsh application.
Neudecker noted Welsh had proposed a much steeper roo£
Leskinen asked whether there would be a secured garden for the residents.
Alexander indicated there is a secured garden depicted on the site plan.
Chair Kang opened the public hearing at 7:37 p.m.
There were no public comments regarding this application.
Chair Kang closed the public hearing at 7:37 p.m.
Feuss commended Staff for their comprehensive report,and stated the only concern she would have is
ensuring that the additional trees are included.
Thiesse indicated he is in agreement with Commissioner Feuss.
Kang stated she would lean more towards the additional screening rather than dictating the height of the
rooflines.
Leskinen stated she is in agreement with the additional screening and that the applicants are proposing a
nice looking building.
Schoenzeit stated Staff has made some good recommendations and that his preference would be to have
the roofline changed slightly to enhance the view from the Luce Line but that he is okay with the
additional screening in lieu of altering the roofline.
Kang stated as it relates to Items No. 1 through 3 outlined on Page 2 of Staff's report,there does not
appear to be any conflicts with City Code. Kang noted the traffic on this site will be limited and that she
Page 9
MINUTES OF THE �
ORONO PLANNING COMMISSION MEETING
Tuesday, February 22,2011 �
6:30 o'clock p.m.
(#11-3498 KRAUS-ANDERSON,875 WAYZATA BOULEVARD WEST,CONTINUED)
does not have any concerns relating to the parlcing. As it relates to Items No.4 and 5,the applicant has
done a good job addressing those concerns.
Gaffron indicated he would prefer a sign closer to the entrance and that he would be willing to work with
Hennepin County to see if that could be accomplished.
Leskinen asked whether the entrance would be 24 feet wide.
Neudecker indicated it would be.
Kang commented it appears the applicant has complied with all of Staff s recommendations and have
created a very thorough plan.
Feuss moved,Leskinen seconded,to recommend approval of Application#11-3498,Kraus-
Anderson, 875 Wayzata Soulevard West,Residential Planned Unit Development(RPUD)Master
Development Plan&RPUD Conditional Use Permit, subject to the conditions outlined in Staff s
report. VOTE: Ayes 5,Nays 0.
3. #11-3500 CITY OF ORONO,AMEND CITY CODE SECTION 78-666,BOAT CLUB
CONDITIONAL USE PEItMIT,7:45 P.M.—8:50 P.M.
Gaffron stated Staff is proposing to add a numerical parking requirement to the B-2 standards. Currently
The B-2 standards do not specify a numerical pazking requirement for boat clubs.
Orono has five commercial marinas on Lake Minnetonka. All are zoned B-2 Lakeshore Business District.
They comprise approximately 0.7 mile or 2 percent of Orono's 40.4 miles of Lake Minnetonka shoreline.
The marinas share a number of characteristics that make them unique as compared to most other
lakeshore uses.
Orono's B-2 District has allowed boat clubs as a conditional use since 1995. Although not strictly �
defined in the Code, our working definition of a boat club goes back to the discussions that resulted in the
1995 revisions of the B-2 District ordinances. At its simplest, a boat club is a time-share situation in
which multiple persons have the right to share in the use of a single boat. This may have a number of
permutations, such as having the right to share in the use of a variety of different boats. The critical factor
is the potential for a given boatto be used on many more occasions in a given time period as compared to
a boat used only by its owner.
Because of the potential for boat clubs to create more intensive use of a marina site,boat clubs are a
conditional use within the B-2 District and cannot be operated unless a conditional use permit is obtained.
CUPs are issued to the owner of the property,not to a lessee or tenant,because the CUP becomes a
property right. Application for a boat club CUP must be made by the property owner,not merely by the
tenant. Any CUP approved will be granted to the owner and tied to the property, with conditions that
would apply to any boat club operator at the site.
Page
10
� MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Tuesday, February 22,2011
6:30 o'clock p.m.
(#11-3500 CITY OF ORONO,AMEND CITY CODE SECTION 78-666,CONTINUED)
The B-2 District Standards of the zoning code do not distinguish between the property owner and lessees
in terms of operation requirements. The property owner is responsible for the property remaining in
compliance with the code regardless of the leases it may choose to enter into with tenants.
As a conditional use,under current code the boat club use will only be allowed if it can be shown by the
property owner that adequate parking is available on the site to accommodate that business operation in
addition to all other approved operations on the site. The premise behind this ordinance requirement is
that a time-share boat club operation has the potential to create a higher level of use than a standard
single-user/single-owner situation; for instance,because of the potential for overlapping parking needs of
back-to-back users.
The basic parking requirement of six stalls for each 10 slips assumes no more than 60 percent of boats
being used at a given time, one car per boat. This standard has been in effect since creation of the B-2
District when the average pleasure boat stored at Orono's marinas was significantly smaller than today.
With today's variety of large boats holding many passengers,there is a potential for inadequate parking at
busy times,if passengers for a single boat arrive in separate vehicles. This may be exacerbated by a boat
club if back-to-back uses result in the need for parking overlap, or if boat club members and their guests
arrive in multiple vehicles. Because our marinas are all on busy county roads,nearby street parking is
extremely limited and is to be avoided.
Demonstration of parking adequacy for a boat club on the property should include a detailed written
description of how the overall site is used,how the boat club operates,hours of operation,what space on
• the site is used for offices or other purposes,whether it is staffed full-time,how many employees at any
given time, etc. other factors that come into play include the passenger capacity of club boats,what
percentage of the marina slips are devoted to club boats,how many members per boat, and how much of a
time interval is there between uses of a given boat. Many of these are all operational factors that can
make a parking situation succeed or fail.
For the Sailors World boat club CUP, approval was granted for a 100-member maximum boat club use
subject to maintaining the exclusive availability of 25 off-site parking stalls during May through
September with the City reserving the right to reconsider if parking issues or inadequacies arise at the
marina or at the off-site parking location.
None of the five Orono marinas are adjacent to private off-site parking facilities. Sailors World for a
number of years had an agreement with the Minnetonka Art Center for parking,which is approximately
3/8ths of a mile wallcing distance from the marina. The current status of that arrangement is not known.
While off-site parking combined with a shuttle service may be technically feasible,whether it is a practice
that should be used to allow for a boat club use where parking is inadequate is an item for discussion.
Note that it would not be appropriate to accept a plan for off-site marina parking at one of the public
landings.
For most,if not all, of Orono's marinas,parking availability is already an issue given the number of slips
each has historically maintained. Increased parking requirements to allow addition of a boat club use may
not be possible at all of them.. The feasibility and appropriateness of off-site parking is a factor to
consider.
Page
11
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Tuesday, February22,2011
- 6:30 o'clock p.m.
(#11-3500 CITY OF ORONO,AMEND CITY CODE SECTION 78-666,CONTINUED)
Only one of Orono's give marinas currently has a boat club CUP. That is the Sailors World operation at
1955 Shoreline Drive. Staff is aware of one additional boat club operator who plans to open at the Marine
Max site in 2011. Under the current code,that operator,in conjunction with the owner of the property,
needs to apply for and obtain a boat club CUP in order to operate this year.
The Planning Commission should consider the following issues:
1. Does the City need to have a minimum numerical parking standard for a boat club use;
2. If so,how should that standard be established and what factors should enter into the standards;
3. What specific conditions should be written into a CUP approval resolution in order that the
Approval can be flexible for a boat club operator while providing the City with a means to
Revisit a CUP if parldng becomes an issue;
4. Is the use of off-site parking a practice that should be allowed generally for ancillary marina
Uses such as boat clubs,or is it to be avoided; �
5. Are there non-parking factors that would make a boat club CUP inappropriate for a given site?
Staff believes that the CUP is an appropriate method to regulate boat clubs rather than licensing,but
issuance of the CUP must include provisions/conditions that allow a reaction to changing factors.
Kang asked how the 25 parking spaces for Sailors World were arrived at.
Gaffron indicated he is unsure how that number was determined and that there is nothing in the record
that reflects that.
Leskinen asked how the existing CUP for Sailor's World would be impacted if any changes are made to
the parking requirements.
Gaffron stated there is one existing CUP issued to Sailors World and that the City has not received any
complaints from the adjoining property owners regarding parking. Gaffron indicated he would need to
speak to the City Attorney to determine the impacts the new amendment would have on the existing CUP.
Chair Kang opened the public hearing at 8:02 p.m.
� Mike Sayler, Sailors World, stated he would like to give an overview of how their boat club operates.
Sailors World has been in existence since the early 1990s. In the 1990s,they had approximately 50 to 55
members and in the mid 1990s their membership grew to around 100 members. They have not
experienced any problems with parking over the years. The Crystal Bay Postal Office is also available for
parking on the weekends.
Sayler indicated they have a power club and a sail club. Sailors World owns three power boats and one
pontoon. Seven members are assigned to one boat,which is a 7:1 ratio. Generally a member pays a fee
Page
12
� MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
- Tuesday, February 22,2011
6:30 o'clock p.m.
(#11-3500 CITY OF ORONO,AMEND CITY CODE SECTION 78-666,CONTINUED)
for the summer, which entitles him to 15 boat reservations and he can have two reservations on the books
at any one time. On the weekdays,the boats were typically not used,which has led them to create a
weekday membership rate. They have had only three members take advantage of that. On the weekends,
the members are allowed to use the boats starting at 9 a.m.to 2 p.m. and then from 3 p.m. on.
Sailors World has never experienced any problems with parking with the possible exception of the 4`�'of
July weekend. On the 4th of July, each slip member and boat member are given a parlting pernut. If they
do not have a parking permit,they are asked to park somewhere else. Sailors World has not found a need
to regulate parking at all since they first started the boat club. In the past five years,they have had
approximately 29 members. As a result of the lower membership,they do not experience any issues with
the parking.
Sayler submitted a letter from the adjacent neighbor indicating that he has not had a problem with the
parlcing. Sayler stated he has spoken with the other neighbors and they have indicated they are willing to
write a letter if necessary stating they have not experienced any problems with parking. On busy
weekends,if extra parking is required, a couple of the neighbors allow the employees to park in their
driveways. �
Kang asked how many parking spaces are available at Sailors World.
Sayler indicated they have a total of 43 parlcing spaces and that typically less than half of their
membership uses their boats on a normal weekend. � .
� Thiesse asked how the ordinance would affect Sailors World. "
Sayler commented in his view it would have a detrimental impact on their business since people do not
want to have to park further away and then be shuttled.
Thiesse stated the concern of the City is that the use goes with the property and that the parlcing has to be
fair for everyone.
Sayler stated in practicality no one would ever fill their marina with boat club boats.
Thiesse commented nowadays people do not want the hassle of owning their own boat and that in his
view boat clubs is a good idea.
Sayler pointed out that there are a limited number of boat slips on Lake Minnetonka and that it would not
be practical to convert all the marinas into boat clubs.
Schoenzeit asked whether there is any parking of trucks and trailers.
Sayler indicated they typically do not have anyone parking their truck and trailer in their parking lot.
Luke Kujawa,Your Boat Club, stated he has had a number of discussions with Mike Gaffron regarding
the ordinance. Cunently a CUP is required. Boat clubs are solving a number of issues that are facing
Page
13
�
MINUTES OF THE �
ORONO PLANNING COMMISSION MEETING
Tuesday, February 22,2011
� 6:30 o'clock p.m.
(#11-3500 CITY OF ORONO,AMEND CITY CODE SECTION 78-666, CONTINUED)
marinas and the public by granting public access to the lake. Boat clubs also allow more families to
utilize boats periodically without the need to maintain and haul them. Kujawa stated the definition of a
boat club is an ambiguous term currently and that insurance companies as well as banks consider it boat
rentals. More and more families are sharing ownership of a boat.
Kujawa stated he understands the City needs to deal with parldng,but that for the average person,boating
is getting to be unaffordable and that boat clubs addresses that need. Parking has not been in issue in the
past. Kuj awa commented it would make sense to include the boat clubs as an aecessory use and that the
City could require an annual review of the parking.
If the Planning Commission makes a recommendation to put a numerical number on the parking, it should
apply only to the charter boat services since they will have 100 people showing up around the same time
and that it makes sense to have a number of parldng spaces designated for that. Having the number based
on the maximum gross capacity of the boat does not make sense since most boats are not filled to
capacity.
Kujawa stated as far as parking itself,the current system works well. Kujawa noted he would never have
a 30-foot cruiser in his boat fleet that would accommodate 20 to 30 people and that he currently has
fishing boats, ski boats, and pontoons. They seldom have all their boats out at the same time and that they
have an hour and a half turnover time between the morning usage time and the afternoon usage time.
Feuss asked whether any of the five boat clubs that he operates are located in Orono.
Kujawa indicated they started one last year at the marina on Shoreline Drive.
Gaffron noted they were not allowed to operate a boat club at that location this past year and that they will
be meeting tomorrow to discuss a permit.
Schoenzeit asked if they are subletting from a commercial marina.
Kujawa indicated they are and that boat clubs help marinas take advantage of their downtime.
Leskinen asked whether they have parking restrictions at any of their other facilities.
Kujawa indicated they do not. -
Thiesse asked if they offer shuttle services.
Kujawa stated they do not and that people generally are not interested in it and would prefer onsite
parking.
Schoenzeit noted Mr.Kujawa's boat club only has six slips and asked how the boat club is staffed.
Kujawa indicated they are staffed pretty much full time every day. Kujawa stated the marinas view boat
clubs as a positive and that they sometimes assist the marinas with their boats.
Page
14
� MINUTES 0F THE
ORONO PLANNING COMMISSION MEETING .
Tuesday, February 22,2011
6:30 o'clock p.m.
(#11-3500 CITY OF ORONO,AMEND CITY CODE SECTION 78-666,CONTINUED)
Todd Nelson,Wayzata Boat Works, stated most people do not use their boats during the week and that .
the busiest time is 4"'of July. They do not have a problem with parking. Boating has become out of
reach for a number of families and boat clubs allow those families to have access to the lake. Parking has
never been an issue and boat clubs will not make it an issue. People schedule times that they want to use
the boats and there is a limited number of boats.
Mike Hilbelink, Sailors World,stated he has a concern with the direction the ordinance could go and how
. it could negatively impact the overall value of the marinas. Marinas provide a great service and access to
the lake. The parking requirements appear to be arbitrary and that he would suggest the City speak with
the adjoining property owners to see whether parking has ever been a problem. The marinas need parking
for the people who own boats and that parking is a site specific issue for each particular marina.
Hilbelink noted the 25 parking spots have not been contracted for by Sailors World for the last 12 years
and he would like to see that eliminated from their conditional use permit. It appears the City is
attempting to put restrictions on the marinas for what appears to be a possible problem one day of the
year,which is 4`�'of July.
Dave Briggs,Wayzata Marina and Maxwell Bay Properties, stated over the last five years ownership of
three marinas has changed. Going back 15 to 20 years,there were a number of issues that the City had
with marinas,but in the last few years those problems have not surfaced. Technically boat clubs and
rentals use parking more than other uses but that certain marinas do have higher usages. Briggs stated in
his view there should be some rules regulating parking. They currently have boat sales,marina, and
service,but if another boat club moved into Orono,there would be parking issues. Briggs encouraged the
Planning Commission to give some thought to the future parking needs.
Chair Kang closed the public hearing at 8:37 p.m.
Kang sta.ted determining the parking needs in relation to the number of slips has been difficult and that
she would like to avoid a highly regulated situation but that there needs to be some guidelines. Kang
stated she personally would like some additional time to consider the ordinance.
Feuss commented she does not see any facts to support the need for this code amendment and that there
does not appear to be a clearly defined objective that the City is attempting to resolve. Feuss stated she is
uncomfortable with creating additional regulation without understanding the facts better and that she
would like to make sure that the City defines that goal as clearly as possible.
Feuss noted boat clubs are not adequately defined,and if the City is looking at concerns with parking
issues,the City should also look at rental boats,multiple owners, definition of a boat club,and other uses
that would impact parking besides boat clubs. Feuss stated she is not comfortable making a
recommendation at this time.
Thiesse indicated he is in agreement with Commissioners Kang and Feuss. Parking is an arbitrary thing
and that the City should look at the future parking needs for the marinas. Thiesse pointed out that a
conditional use permit goes with the property and that appropriate care needs to be taken prior to the
approval of any CUP.
Page
15
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Tuesday, February 22,2011
6:30 o'clock p.m.
(#11-3500 CITY OF ORONO,AMEND CITY CODE SECTION 78-666, CONTINUED)
Thiesse commented he was not aware there was downtime between the morning and afternoon usage,
which does help alleviate some of the parking issues. Thiesse stated he would prefer Staff put together a
conditional use permit that outlines the operation of each individual business and then require an annual
review.
Schoenzeit stated the ratio for the boat club does not appear excessive. Schoenzeit recommended the City
continue to have an annual review process regardless of what route they chooses to take.
Schoenzeit commented that they have heard a lot of,it's not broken, don't fix it,but that in his view
further discussion of the parking issue is appropriate. Schoenzeit stated he appreciates the input of the
boat club owners.
Leskinen commented the input of the boat club owners has been valuable and that she is in agreement
with the other commissioners that there does not seem to be a clearly defined problem that needs to be
fixed.
Kang commented it appears that the Planning Commission and Staff needs to think about future parking
issues that could arise and to clearly define those. �
Kang moved,Feuss seconded,to table Application#11-3500, City of Orono,Amend City Code
Section 78-666,Boat Club Conditional use Permit. VOTE: Ayes 5,Nays 0.
Gaffron asked whether the Planning Commission would like any specific additional information
provided.
Feuss stated she would like to see a clearly defined goal that the City would like to achieve and have Staff
outline the options the City could take to achieve that goal.
Kang indicated she would like to have the definition of boat clubs better defined and the pros and cons of
accessory uses outlined.
Schoenzeit noted the City already has some control over the parking with the annual review and that they
could require the marinas and/or boat clubs at that time to take some steps to resolve a parking problem if
one occurs.
Kang stated perhaps one solution would be to have the marinas provide a parking plan for the entire year
or for the 4�'of July.
Feuss stated she would like to see the problem that they are attempting to fix be more clearly defined.
Gaffron noted the City does have an annual licensing process,which has not been followed thoroughly in
the past but could be reviewed by Staff to see whether that would be a viable option.
Lesldnen asked whether there is a way to deal with this within the conditional use permit process if the
permit process is nof a good option.
Page '
16
� . MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Tuesday, February 22,2011
- 6:30 o'clock p.m.
(#11-3500 CITY OF ORONO,AMEND CITY CODE SECTION 78-666, CONTINUED)
Gaffron noted the City currently licenses garbage haulers and a few other businesses,but does not utilize
that process very often. Gaffron stated approximately 30 years ago there were a number of issues with
the marinas,but that over the past 10 years or so they have not encountered many problems. Gaffron
indicated Staff is attempting to look at issues that may arise in the future and how to deal with those.
. Gaffron noted there will be an application coming before the Planning Commission in the near future for
the Brown's Bay site. At this point it will be processed as a conditional use permit route and the Planning
Commission has the option of placing different conditions on the use.
PLANNING COMMMISSION COMMENTS
4. REPORT OF PLANIVING COMMISSION REPRESENTATIVES ATTENDING CITY
COUNCIL MEETINGS ON JANUARY 24,2011,AND FEBRUARY 14,2011
Thiesse reported on the January 24`i'meeting. The City Council dealt mainly with issues relating to the
Crystal Bay Road project,particularly as it relates to the median and the landscaping. The Council � �
decided that the landscaping isn't for aesthetic purposes and that it is designed to deter pedestrian traffic.
The School District will perform maintenance on the landscaping.
Schoenzeit asked if the roundabouts are good for queuing.
, Thiesse noted there will not be left turns allowed.
Gaffron stated the engineers have done a number of different modeling scenarios and that they will also
do some queuing scenarios as part of their studies. The city engineers are worldng closely with the school
on the road design and the school has been very supportive of the proposed design.
(Feuss leaves the meeting at 8:55 p.m.)
Thiesse noted that Ralph Kempf encouraged the City Council to focus some attention on the Navarre
area. The Gillespie Center also provided a presentation at the January 24th meeting.
Kang stated at the February 14`t'meeting, a representa.tive from the cable commission spoke to the council
about televising their meetings.
Gaffron noted the sound system cabling is scheduled to be done this Thursday.
Kang noted the Orono meetings will be televised on Friday evenings at 7 p.m. Kang indicated Ralph .
Kempf also spoke at the meeting on the 14`�'about the Navarre area and the need to provide an additional
trail connection between the business district and the Dakota Trail.
Gaffron stated he is waiting for the City Council to establish their goals for the future and that it is likely
the Navarre area will be revisited.
Page
17
MINUTES OF THE �
ORONO PLANNING COMMISSION MEETING
Tuesday, February 22,2011
6:30 o'clock p.m. �
5. OTIiER ISSUES FOR DISCUSSION
None
6. SELECTION OF REPRESENTATIVES TO ATTEND CITY COUNCIL MEETINGS ON
FEBRUARY 28,2011,AND MARCH 14,2011
February 28,2011 - Schoenzeit
March 14,2011 -Leskinen
ADJOURNMENT
Leskinen moved, Schoenzeit seconded,to adjourn the Orono Planning Commission meeting at 9:03
p.m..VOTE: Ayes 4,Nays 0.
� Kim Kang,Chair
R
Page
18
, , ' �
.:'
�; ORONO JOINT PLANNING COMNIISSION
& CITY COUNCIL WORK SESSION
Wednesday,March 2,2011
5:30 o'clock p.m.
ROLL �
The Orono City Council and Planning Commission met on the above-mentioned date with the following
members present: Mayor Lili Tod McMillan, Council Members Doug Franchot,Aaron Printup;Planning
Commissioners Kim Kang,Denise Leskinen,Loren Schoenzeit,Jon Schwingler, and Alternate David
Rahn. Representing Staff were City Administrator Jessica Loftus,Assistant City Administrator of Long
Term Strategic Planning Mike Gaffron,Planning Coordinator Melanie Curtis,Planning Assistant
Christine Mattson, Consulting City Planner Ben Gozola, and Recorder Jackie Young. Council Member
Cynthia Bremer arrived at 6:43 p.m., and Planning Commissioner John Thiesse arrived at 6:47 p.m.
The work session was called to order at 5:38 p.m.
NEW BUSINESS
FIARDCOVER REGULATIONS UPDATE
Ben Gozola thanlced the City Council/Planning Commission for allowing him to speak tonight. Gozola
noted he has 12 years of planning and zoning experience and currently works for approximately 12 cities.
Gozola noted on January 24,2011,the City Council authorized City Staff to begin the process of updating
.the City's regulations governing hardcover. One of the purposes of tonight's meeting is to discuss the
general overarching goals that Staff should use as guideposts throughout the review process of the City's
hardcover regulations. Staff will be seeking consensus from the group as to what general outcomes are
being sought.
Some of the overarching project goals to discuss include the following:
1. Simpli�cation of the regulations so all parties understand what is required and how to comply.
2. Continuance of historically stringent standards for the protection of local water bodies.
3. Greater options for citizens to legally comply with code requirements in light of the revised
variance standard established by the Minnesota Supreme Court in 2010.
4. Openness to new technologies as they may arise.
5. A transitioning of the City's focus away from"meeting minimum standards" towards
"achieving desired results."
6. Reaffirming Orono as a civic leader in hardcover management policy.
Gozola asked if there were any additional overarching goals that should be included.
Kang commented the bullet that talks about transitioning from meeting minimum standards to achieving
desired results is a good goal. Kang stated the City needs to clearly define what its desired results are.
McMillan stated the original philosophy of Orono was fairly comprehensive and helped to reduce the
Page 1
t
' ,
ORONO JOINT PLANIVING COMMISSION c�
� & CITY COUNCIL WORK SESSION
Wednesday,March 2,2011 �
5:30 o'clock p.m.
hardcover in the 0-75 foot zone and reduce the massing on the lots,but over time the regulations grew
more complicated. Orono has achieved a great outcome over the years but the regulations should be
simplified and adjusted to today's technology.
Rahn commented simplification of the regulations should be a primary goal to make it more
understandable by contractors and builders,which would reduce the time that Staff has to spend
explaining the regulations. Rahn stated the amount of hardcover currently allowed by the City is at a
good level but that the different zones contribute to the confusion. Rahn stated the City should determine
whether they want to continue with the different zones.
McMillan commented that the smaller lots and different shapes of the lots can also be problematic at
times.
Kang stated that it appears from the comments that appearance and massing is also another major
component.
Rahn sta.ted the other item he would like to see is uniformity between the lakeshore cities and that the
City should look at what other cities are doing for setbacks and hardcover. .
Gozola pointed out the tiering concept is unique to Orona
Leskinen stated she would like to see the terminology be consistent throughout the regulations and that a
decision needs to be made on what constitutes an impervious surface.
Schoenzeit stated performance standards would allow the applicant and the City some flexibility to bring
the plan into compliance. Performance standards would also put the burden on the applicant rather than
having the Planning Commission redesign the plan or suggest modifications. In addition,the City should
identify where the 50 percentile is in the variances,which may eliminate some of the customary
variances.
McMillan stated a lot of comments that they receive from applicants relates to the amount of money that
they have paid for the lot and that they complain they are not allowed to construct whatever they want on
the lot. .
Franchot stated the City needs to be careful about institutionalizing circular logic.
McMillan commented part of the problem is that people are not aware of the City's hardcover regulations.
Franchot stated he is not familiar with the number of variances that are granted in relation to the overall
activity of the Planning Department,which would be helpful to lmow. Franchot indicated he understands
how the City evolved into their current regulations,but that the decisions are beginning to feel somewhat
arbitrary. Franchot stated the City should focus on outcomes that are desirable and talk about standards;
which would make the regulations logical to the applicants.
Bremer stated a number of people have asked the City Council to eliminate the zones,which is now one
of the items being proposed. Bremer noted the different zones have been established to help limit
structure and hardcover near the lake,but that she does not want to go away from Orono being the
Page 2
� ORO�TO JOINT FLANNING COMMISSION
& CITY COUNCIL WORK SESSION
Wednesday,March 2,2011
5:30 o'clock p.m.
forerunner of protecting the lake,"which should be their number one concern. Bremer indicated the City �
should also be open to new technology and look at the number of variances that have been granted in the
past. �
Bremer indicated her second concern is that she does not want residents to be upset that they have been
denied under the old regulations and that she does not want to give the impression that those rules have
been changed almost overnight. Bremer noted the City routinely denies decks because they exceed the
hardcover numbers.
Curtis stated one of the project goals is to hold open houses and meetings to bring forth that input by the
residents.
Gozola noted they will be able to document the questions/input by the public and the process the City
went through in changing its regulations. Gozola pointed out that even if the code is simplified,that does
not mean it will be easier to get a variance.
Schwingler stated simplifying the process does not necessarily make it easier to obtain a hardcover
variance. Schwingler stated it is not the Planning Commission's job to redesign the applicant's plans and
. that the regulations should not be less stringent but to have language that is easier to understand by the
applicants.
Bremer asked if the Planning Commission feels that applicants tend to propose their hardcover numbers
at a higher level because that will allow them some leeway with the Planning Commission. Bremer noted
Staff does inform the applicants of the hardcover regulations and that most local builders are aware of the
numbers. Bremer stated the City Council should stick with one particular number.
Schoenzeit reiterated there should be some performance standards that have to be met for the extra
hardcover.
Bremer noted under the recent Supreme Court ruling,they are not allowed to swap hardcover for a
variance.
Curtis pointed out they would be viewed as performance standards and not a variance.
McMillan asked when the hardcover regulations originated in the City.
Gaffron indicated they started in the 1970s and evolved due to questions by the developers and builders
over what would be allowed, such as a shared driveway and what percentage is allocated to each property.
There were also questions over what is considered hardcover and what is not hardcover. Back in the
1980s,there was a discussion regarding plastic under rock versus fabric,which raised a concern that
people would create rock gardens within the 0-75 foot zone and plastic was subsequently banned. The
1980 Comprehensive Plan helped to document the vision of the City.
Gozola stated there appears to be agreement for simplification of the code, consistent terminology
throughout the code,outcome based regulation versus a hard cap on hardcover,and providing options for
people to meet the code,which would allow for some flexibility in meeting the City's stringent
regulations.
Page 3
r
ORONO JOINT PLANNING COMIVIISSION �
& CITY COUNCIL WORK SESSION
Wednesday,March 2,2011
5:30 o'clock p.m.
Franchot pointed out the group has not really approved those specific goals but have indicated they would
like those ideas explored. From a process standpoint,the City needs to clearly identify the goals and the
desired outcomes and should avoid jumping too quickly at the answers without looking at it from all
angles. �
Gozola indicated he has some specific items he has identified within the code that the group may want to
consider. Staff would request the group identify additional aspects of the current policy which must be
retained,things people have historically liked, and things about the current policy that people feel must
change.
Gozola stated the first area deals with multiple terms that are cunently used throughout code to address
the issue of impervious surface. Hardcover is essentially defined as anything that interferes with direct
absorption of rainfall into the ground. Lot coverage is essentially defined as area covered by structures
while hard surface is undefined and impervious coverage is undefined.
Bremer noted the term typically used in Orono is structural coverage rather than lot coverage and that she
would recommend the term lot coverage be changed to structural coverage.
Schwingler asked whether other cities use lot coverage.
Bremer stated they use lot coverage to define hardcover.
Franchot commented there is not much confusion about what lot coverage is,but that his sense is that the
term hardcover has caused a number of problems since there is some deviation in thought on what
hardcover truly is. Decks, for example, are considered hardcover even though they have openings in
them,which has caused some consternation on the part of the applicants. Consistent terminology and
clear definitions would help to overcome that.
Gaffron stated another example of inconsistency is gravel that is driven on is considered hardcover while
gravel that is not driven on is not considered hardcover. Gaffron commented they have had people in the
past put holes in their plastic to make it nonhardcover,which required Staff to inspect it.
Curtis noted geotextile fabric is not allowed for landscaping but it is exempted when it is used on a
mound system.
McMillan stated one of the overall goals is to make the terminology more consistent throughout the
regulations.
Bremer asked whether other cities have more consistent definitions. �
Gozola indicated there are some consistencies in what is considered hardcover but that there are also
some inconsistencies, such as the hard packed gravel, decks, and landscaping. Plastic is always
considered hardcover but that other cities do accept the geotextile fabric. Gozola commented that
enforcement does become a problem over time.
Leskinen agreed the group should look at whether hardcover could possibly be tied into performance
Page 4
� - ORONO JOINT PLANNING COMMISSION
& CITY COUNCIL WORK SESSION
• Wednesday,March 2,2011
5:30 o'clock p.m.
standards.
� Gozola stated area two deals with soffits. Soffits that are in excess of two feet have historically been
considered hardcover but that the following are issues that are raised periodically:
-Surfaces under soffits are typically not hardcover;
-Surveyors are ostensibly being asked to verify a point above ground on as-built surveys;
-Limits architectural styles and roof types;
-Is there any desire to see this changed if it can be justified.
McMillan commented in her view the City should lighten up on some of the hardcover regulations and
that she personally feels bigger roof overhangs should be promoted more since they help keep water away
from the house.
,
Rahn stated at the time it was discussed,it was felt that anything over two feet would be considered
hardcover but that the property owner could have whatever size overhang they wanted.
Gaffron noted the Council did look at that but never came to a final decision.
McMillan stated she personally would like some leeway on that since it affords some protection against
water coming into the house.
Franchot commerited that is probably one of the items that appears arbitrary to the residents.
Curtis stated that item was made more consistent in the last few years with the City's nonencroachment
regulations.
J
Franchot stated the method the City follows sometimes appears to be arbitrary,which has been a
complaint raised in the past by applicants. The City should look at it in the context of how it can be made
less arbitrary,which would also help ease the burden on Staff. Franchot commented there needs to be a
good balance between how that is accomplished and the City's goal of clean water, etc.
Curtis stated typically the surveyors do not denote things above grade,which creates some issues for
Staf£ �
Theiss stated if the goal of the City is to have good infiltration of water, a two-foot overhang provides the
ability for the ground to absorb the water;whereas an eight-foot overhang prohibits water from
infiltrating the ground near the house.
Rahn pointed out they are not limiting the design but rather the hardcover.
Gozola stated the third area is whether the City should regulate all properties in the City. Current
regulations seem to ignore non-shoreland areas unless they are zoned industrial,RPUD or PRD. While
there are"lot coverage" regulations affecting all properties within the City,it appears current hardcover
regulations are limited to the shoreland district, industrial district,RPUD district,and PRD areas. It
appears that nonshoreland areas which are not in an industrial,RPUD or PRD district do not have
hardcover requirements.
Page 5
ORONO JOINT PLANNING CONIlVIISSION
& CITY COUNCIL WORK SESSION
Wednesday,March 2,2011
5:30 o'clock p.m.
Franchot asked what area is considered shoreline.
Gaffron indicated it would be the first 1000 feet near the lake. Most of the rural area away from the lake
is not subject to hardcover regulations.
Gozola stated all of the properties feed into the water system regardless of whether they are considered
shoreland properties or nonshoreland properties. Gozola asked whether the City is interested in looking at
including those lots that are not currently included.
Bremer commented in her view they should be looked at since the hardcover impacts appearance and
massing.
Curtis noted the reason the industrial,RPUD and PRD district have hardcover regulations is because they
have been created within the last ten years. �
McMillan commented that Orono does have a tremendous amount of wetlands within the City,which
helps to filter the water before it reaches Lake Minnetonka. ,
McMillan asked whether the City should be more aggressive on industrial/commercial lots.
Gaffron noted that all of the City's indusixial lots far exceed the hardcover limits and that the City should
be more aggressive in requiring different types of ponding on industriaUcommercial properties.
McMillan commented that NURP ponds can also be expensive to maintain over time,but that the City �
could incorporate a number of different requirements to help infiltrate the water in those areas.
Gaffron recommended that there be a different set of standards for the industrial districts.
McMillan commented that rain gardens are becoming more popular on industrial sites and that they are
easier to monitor on those sites versus residential lots.
Franchot stated one of the issues the City struggles with is that the regulations are written from the
perspective of starting with a vacant lot,which is often not the case. The question then becomes,how
does the City transition from where we are with the things that we don't like to where we like them.
Franchot indicated small lots are a classic example of lots that meet very few of the City's minimum
standards.
Franchot recommended that as part of this process the City spend some time thinking about ways to
improve Navarre and make it a better place to live.
Gozola stated to achieve something like that, the City could build in some incentives to have those types
of investments.
Franchot commented one of the reasons people come in here asking for something is that their neighbor
has it,but they are not always aware that some of those items were previously allowed but are no longer
allowed. .
Page 6
� � ORONO JOINT PLANIVING COMMISSION
& CITY COUNCIL WORK SESSION
Wednesday,March 2,2011
5:30 o'clock p.m.
Schoenzeit stated it is more likely in Orono to have someone spend a fair amount of money to build
something to help infiltrate the water rather than lose a significant amount of parking lot and that
performance standards would allow the City to be more proactive.
Gozola indicated the current code also includes a provision granting credits when shared driveways are
� used,which is one way to reduce hardcover. Things for the group to consider are: One, does the City
want to continue this practice; and two,the Code does not appear to give property owners credits when
public roads or other hard surfaces are accidentally built outside of easements or right-of-way. Gozola
asked whether the City would also like to provide credits where there are encroachments on someone
else's lot.
Bremer noted that while it does not appear in the Code,the City Council does give the property owner
credit for that when the application is before the CounciL
Rahn asked whether they are speaking of residential properties with the shared driveways.
Bremer indicated they are.
Rahn stated he would like to eliminate shared driveways between residential properties since it tends to
create problems in the future. Rahn suggested a penalty be imposed rather than an incentive.
Gozola commented that is actually a common sentiment in other cities.
Gaffron indicated that provision came about in an effort to address existing situations rather than as an
incentive to have shared driveways.
McMillan asked whether any credit is currently given to people who have a shared driveway. McMillan
stated one of the problems is the configuration of the lot and the driveway,which sometimes creates long
driveways.
Curtis noted the City does have minimum standards for driveways,but that a long,thin lot requires a
longer driveway.
Bremer stated in the past the 15 percent structural coverage number was imposed very strictly and that
they were given a minimal driveway.
McMillan noted the City also has minimal standards for things such as driveways and sidewalks.
Bremer stated the average lakeshore setback,which is intended to preserve the view of the lake, also
helps to reduce the length of the driveway by pulling the house back away from the lake and closer to the
street. -
Curtis commented the 15 percent structural coverage limit is helpful to Staff.
Gozola stated another area of the code he would recommend the group look at is their tiered system. The
City has historically protected the first 75 feet of area beyond the OHW and uses a tiering system for
hardcover beyond that point.
Page 7
ORONO JOINT PLANNING COMMISSION �
& CITY COUNCIL WORK SESSION •
Wednesday,March 2,2011
5:30 o'clock p.m.
Gozola requested the group consider the following:
-Does the City wish to continue its policy of strict protection of the first 75 feet beyond the OHW?
-Is the City interested in maintaining their policy of hardcover tiering? Or is the City more interested in
maintaining similar to better results than what is obtained through the current policy?
-The ability to transfer allowable hardcover from one zone to another seemingly transforms a difficult to
implement policy into an administrative nightmare. Poor documentation at aity hall could easily result in
different future hardcover interpretations,new surveys, and bad feelings all around.
Staff would suggest the approach which comes out of this process be easy to understand by all parties and
easy to document.
Gaffron indicated the goal of the tiered system initially was to protect the 0-75 foot zone by not allowing
any hardcover and then to allow the next tier to have a limited amount of hardcover. The tiered system
did not have anything to do with massing initially but rather infiltration.
Schoenzeit noted the DNR has a standard of 50 feet.
Curtis pointed out the City does not allow any credit for the 0-75 foot zone.
Bremer stated it is 15 percent of the entire lot that is allowed for structure but that people get no credit for
the 0-75 foot zone as it relates to hardcover. Some of the frustration and misunderstanding comes from
the fact that people have to maintain that area but they are not allowed any hardcover in that zone.
Rahn commented that someone with a larger 0-75 foot zone with a narrower lot on top can be restricted
on their hardcover simply because of the conf'iguration of the lot even though they have the same setback.
Franchot stated in his view the maj ority of the group likes the tiered system but that there is some
frustration with how the discussion goes on particular applications. Franchot stated he cannot think of
any other item that would create more controversy than changing the policies for the 0-75 foot zone and
that in his view most people do not understand the need for infiltration,which then becomes an
educational piece.
Gozola noted other cities do not have a tiered system.
Rahn stated to his belief Deep Haven was exploring the possibility of implementing a tiered system and
that it would be interesting to see what discussion they had regarding that.
McMillan asked whether the DNR has redone their shoreline regulations. �
Curtis indicated the DNR is still working on that.
Gozola stated the tiered system allows for differing amounts of hardcover throughout the different zones
of the property.
Page 8
t ORONO JOINT PLANI�TING COMIVIISSION
& CITY COUNCIL WORK SESSION
Wednesday,March 2,2011
5:30 o'clock p.m.
Gozola indicated they will double check the code for consistency. One example of inconsistency is that
decks are always considered hardcover but that there is another section that says you can add hardcover
under your deck if certain conditions are met.
Gozola recommended another area to be considered is whether the current ordinance compels citizens to
comply with the regulations or encourages them to do things without proper permits or oversight. In
addition, some thought should be given to how much additional survey costs citizens incur to demonstrate
compliance to the current tier system and whether the permitting process is timely.
Gozola asked whether there is anything about the current ordinance the group would like to discuss.
Printup stated the common theme repeated tonight has been the need to ensure there are clear definitions,
and that when the definitions are not consistent,it creates frustrated. '
Rahn concurred that consistency throughout the Code would be good.
McMillan commented that another criticism she has received concerns gravel driveways and why they are
not promoted more. McMillan stated there can also be issues with performance standards, such as pavers
that are insta.11ed and then not maintained properly over the years and then they are paved over, or rain
gardens being filled in after the property owner has been given credit for them. Performance standards
are great if the residents know how to maintain the items. Lakeshore buffers are also another item that
over time tend to become a maintenance nightmare.
Loftus noted in Tonka Bay they started requiring easements over the improvements as well as access
easements, with language allowing the City to assess the costs back to the property owner,which helps
with the enforcement but created some anger among the residents.
McMillan noted that Minnetonka also attempted that.
Loftus stated that was the only way they could think of to gain access to a properly. Enforcement and
access are huge issues and it will generate some anger.
Gaffron stated they are dealing with that as it relates to wetlands and wetland covenants.
Schwinger indicated that a lot of what they are dealing with is items relating to redevelopment and new
technology.
McMillan stated one of the best things people can do it aerate their lawn every fall to help with water
absorption,which does not need to be spelled out in an ordinance but is more an education piece.
Kang asked whether the City could provide a one page list of various resources to the residents.
Loftus noted the City currently does that.
McMillan suggested that information also be included on the City's web site.
Bremer stated the question becomes,how do you stop people from finding ways to circumvent the
Page 9
ORONO JOINT PLANIVING COMIVIISSION
& CITY COUNCIL WORK SESSI'ON
Wednesday,March 2,2011
5:30 o'clock p.m.
regulations and how that can be built into the process.
Gozola stated they do recognize the need for maintenance oversight and that will be taken into
consideration as they go through this process.
Gaffron stated another item the group may want to consider is stormwater quality rather than hardcover
limitations. The goal behind limiting hardcover on a site is to increase the water quality of storm water
entering into area water bodies. While limiting hardcover is certainly one way to achieve the goal,the
group should consider whether there are other solutions that achieve the same goal. Gaffron stated the
City will want to try to avoid the need to have builders, contractors and homeowners do some type of
complicated calculation. .
Curtis stated the City could also require a higher level of approval. If the resident is able to meet this new
number, they are allowed to do it,but if it requires five percent more hardcover,then the City could
incorporate additional best management practices,which could lead to a higher level of approval, such as
requiring a conditional use permit.
Gozola concurred that there could be ways to tier out the performance standards and hardcover
regulations.
Rahn stated new technology also needs to be considered as part of this process and that the City needs to
motivate people to do the right thing, such as installing impervious pavers, and perhaps providing them
some type of minimal credit for those types of items.
Curtis commented when Staff speaks to a homeowner and they want a logical solution and you talk about
arbitrary standards,they start to doubt where the City's intentions are. When they are told they can do
something that is beneficial but they don't get credit for it,they become defensive.
Schwingler indicated that is seen from applicants going before the Planning Commission because the
rules do appear arbitrary.
Bremer stated one of the things that should be gained from this process is that the City feels like what is
being required is justified,has a rational basis, and is consistent. Whether or not the homeowners are
happy cannot be the focus of this process or the regulations.
Franchot concurred that is one of the goals and that it would be impossible to make everyone happy. One
of the City's goals is to uphold Orono's rural character,which is in conflict with people's desire to do
what they want with their properties. The rules need to make sense and be clear.
Schoenzeit stated the City needs to be able to show that they have done the due diligence on the different
technology.
Gozola stated as it relates to the timeline, during March they will be in contact with the MCWD and DNR
to get supplemental support for developing a template ordinance. In April the goal is to have the research
completed on all final DNR and MCWD rules and look at possibly revising the timeline to accommodate
�nal goals and objectives.
The goal in May is to be able to hold city open house to introduce the process to the public, solicit
Page 10
� ORONO JOINT PLANNING COMMISSION
& CITY COUNCIL WORK SESSION
Wednesday,March 2,2011
5•30 o'clock p.m.
potential focus group participants and get people on an e-mail distribution list to keep them informed.
Once the focus group is established, Gozola indicated they would like to hold the initial focus group
meeting to tell them the goals established by the Council/Planning Commission, explain their role in the
process,provide background research that has already completed,and bring in expert presenters.
In July they would like to meet with the Planning Commission to present options and receive feedback.A
second open house would be held in either late June or early July,followed by the preparation of an initial
draft ordinance for review by both the City Council and Planning Commission. In August they are
aiming for public hearings at the Planning Commission, followed by approval by the City Council.
Bremer asked whether this is a realistic timeline.
Gozola indicated in his opinion it is a realistic timeline and pointed out that they are only reviewing one
section of the code.
Kang expressed a concern that a majority of the work with the public will be completed in July and
August,which is the time when a number of the residents take vacations and are busy with other things.
Gozola indicated he will take that into consideration if the amount of public feedback is minimal.
McMillan asked if the open house is a means of finding potential members for the task force or whether
Staff would be recruiting volunteers. McMillan suggested the first open house be a more informative
session.
Gozola indicated that is what he was envisioning for the open house.
McMillan suggested that perhaps now would be a time to compile some people for the task force and that
she would prefer the focus group be preliminarily assembled in the near future.
Curtis stated if the open house is held prior to the ordinance being drafted,it lets the public know that the
City is loolcing for their input.
McMillan commented when she thinks of a focus group, they typically have a particular topic that they
focus on, and that the City could have like a focus group open house where certain topics of the hardcover
regulations are discussed.
Franchot asked how many of these open houses Ben Gozola has participated in and what process he has
found warks best in these situations.
Gozola stated you typically hold at least one open house during a process like this. Gozola stated people
come to the open houses to learn as well as vent over certain items. Having that opportunity to express
their thoughts tends to satisfy the residents that they have had their opportunity to speak on the subject.
They do plan to be constantly communicating with people throughout the process and Staff will also �
available for comments and questions. Gozola indicated they would be immediately responding to
questions of the residents.
Franchot indicated he would prefer to defer to Ben Gozola on the actual process and to have the group
Page 11
ORONO JOINT PLANNING COMNIISSION
& CITY COUNCIL WORK SESSION
Wednesday,March 2,2011
5:30 o'clock p.m.
focus on the goals.
Schwingler commented the last open house on the comprehensive plan,while it allowed people an
opportunity to provide input and ask questions, gave the impression that the City had already completed
the comprehensive plan and that their input really was not needed.
Franchot commented that a number of the residents in attendance had the impression that the
comprehensive plan was already completed. Franchot commented he believes the process outlined by
Ben Gozola is a good one.
Gozola indicated Staff feels it is critical to establish a focus group for this process and that the group has
two important questions to address: One,who will sit on the focus group and,two,what input role will
the focus group be given. Gozola suggested the focus group consist of one or two council members,one
or two planning commissioners, a residential lakeshore owner, a residential nonlakeshore/nonshoreland
owner, a local builder or architect familiar with Orono,and a commerciaUindustrial landowner. Gozola
indicated he would prefer to keep the focus group relatively small.
Schwingler recommended the members be limited to people who actually reside in the City of Orono.
Schwingler pointed out Orono has two very different residential landowners, lakeshore and nonlakeshore,
and that perhaps they should have someone from both groups on the focus group.
Bremer noted there are also differences within the nonlakeshore group depending on the size of their lot.
Gozola commented that it would be difficult to accommodate every group and still keep the focus group
small.
Rahn stated with that small sampling of volunteers,there could be a strong opinion one way or another by
one or two people on the focus group and that a bigger number of people would help to rectify that.
Gozola stated that it may be necessary to go out and approach certain individuals if not enough interest is
expressed.
Franchot stated there needs to be an identification of ideas and different perspectives,but that it would be
helpful if the members of the focus group have experience and expertise in this area.
Bremer recommended they start with a small group at first and perhaps reach out to other people with
expertise in this area.
Curtis asked if it is important that the builder/contractor actually live in Orono. Curtis commented that it
is important they have ownership in Orono but that a commerciaUindustrial landowner may not live in
Orono. The builder and contractor is the person Staff typically meets with before coming to the City and
that she does not feel the person needs to live in Orono to be on the focus group but should perhaps work
within the City and be familiar with the rules and regulations.
Franchot stated that is the reason why it is important the City clearly define what it is they want the focus
group to do. If the City wants to have a metering device that helps the process stay on track with Orono -
values and vision,they should live in Orono.
Page 12
ORONO JOINT PLANNING COMMISSION
& CITY COUNCIL WORK SESSION
;,
Wednesday,March 2,2011
5:30 o'clock p.m.
McMillan commented the important thing in her mind for the focus group individuals is they have the
time and have the interest.
Gozola indicated he was anticipating having one meeting a month for four months.
McMillan stated she would like to have some or most of the focus group individuals on board before the
open house, which would allow them to listen to the information being presented.
Gozola stated they could identify some individuals prior to the open house and encourage them to attend
the first open house.
Bremer stated if there are outside contractors and/or builders that would be interested and have the time to
be on the focus group, they should be included.
Gozola thanked the group for providing their input�and indicated he will be providing a summary of the
meeting in the near future.
ADJOURNMENT .
The meeting was adjourned at 7:17 p.m.
ATTEST:
�- ��4����
Linda S. Vee, City Clerk Lili Tod McMillan,Mayor
Page 13
�
� � 3
To: Chair Kang and Planning Commissioners
Jessica Loftus, City Administrator
From: Mike Gaffron,Asst. City Administrator-Long Term Strategy
Date: March 17, 2011
Subject: #11- 3500 City of Orono - Zoning Code Amendment: Regulation of Boat Clubs
Zoning District: B-2 Lakeshore Business District
Eghibits
A-Planning Commission Draft Minutes 2-22-11
B - Sample Marina Licensing Resolution- 1970s-80s
C - Memo and Exhibits of 2-14-11
D - Letters Submitted by Neighbors to Sailors World at 2-22 PC Meeting
At Planning Commission's February meeting a number of questions and concerns arose that
resulted in tabling of the proposed amendment. Planning Commission noted that the term "boat
club" is not clearly defined in the code, but needs to be carefully defined given the variety of
boating options available today. Members questioned the need for parking standards for the boat
club use, and asked staff to more clearly define the problem, to identify the objective the City
would like to achieve, and to outline the options for achieving that objective. Additionally,
Planning Commission suggested that other allowable uses within the B-2 District should be
considered in terms of their impacts on parking.
Definitions VJhile the Zoning Code does not specifically define "boat club", the entry within
the Conditional Use section of the B-2 standards does specify that this term refers to "time share"
situations. As noted in last month's discussion, during the Planning Commission's 1994 review
of the B-2 Code the concept of boat club was informally defined as a situation in which there are
"multiple persons sharing in the use of a single boat" (PC Minutes, January 4, 1994). This may
occur via various methods;two that seem to be most common include:
(1) Purchasing the right to share in the use of a variety of different boats owned by a single
entity; or
(2) Shared ownership and use of a single boat among multiple entities (fractional ownership).
It has been suggested that a boat club structured per (1) is nothing more than a formalized
method of boat renta.l, which is an allowed accessory use in the B-2 District. The zoning code
does not define "boat rental". To differentiate between a boat club and boat rental, staff would
suggest that in its most classic form, boat rental might be considered as a one-time transaction
' between a boat owner and a boat user for a single-day or short-term use, whereas a boat club
suggests a longer-term relationship between the owner and user, for multiple uses on multiple
occasions. Fractional ownership per (2) eliminates the transaction between the boat owner and
the boat user, and therefore clearly does not fit the concept of a rental situation. The zoning code
does not specifically address or attempt to regulate fractional ownership situations, yet they may
have some of the same potential impacts as (1).
J
#11-3500 Boat Clubs
March 17,2011
Page 2
The definition of"Boat Club" in Webster's On-line Dictionary reads as follows:
"A boat club is a sports club based around boats, especially rowing and yachting, but also
canoeing, motor boats and other small boats.
A boat club has become more than just men in blazers smoking cigars and drinking cognac. It's
evolved into a simple alternative to boat ownership. A boat club is an avenue for boaters who
enjoy the boating lifestyle but might not have the time, skills, or dollars to get out on the water.
Traditional boat clubs have been around for a century; however, the shared asset model concept
has only been around a short time.
The shared asset model is based upon the recent surge in fractional ownership. Consumers are
looking to have all the benefits of owning luxury items from jets to handbags; without absorbing
the brunt of the costs.The same holds true in boating. Consumers want to enjoy all the benefits of
boating without all the hassles of boat ownership. Hassles are de�ned as the items not included in
the sticker price of a boat, such as insurance, maintenance, storage, slip space, etc. By joining a
boat club, members do not have to worry about these items. They simply make a reservation via
phone or an online reservation system, get their boat and go. It's that simple. With some clubs,
they offer other amenities such as a reciprocal program. The only other costs that the consumer
pays, after a membership fee and monthly dues, is the gas they use. Boaters are not limited to
what type or size of the boat they use. They get unlimited use of a fleet of boats. Membership �
plans vary by fleet, location and types of boating."
Differentiation between the concepts of"boat clubs", "fractional ownership" and "boat rental" in
the zoning code may become important depending the level and type of regulation intended by
the City.
What is the Citv's Regulatorv Obiective? During the 1970s and 80s, the City expended a
great amount of effort attempting to limit or curtail the impacts that marinas have on the use of
Lake Minnetonka as well as on the land (see Exhibit B which is an example of the `boilerplate'
language included within each marina's annual license approval during that period). Those
efforts resulted in a number of marinas reconfiguring their in-water slips to meet City and
LMCD standards. During the 1980s and 90s, the number of marinas in Orono declined by two -
Stubbs Bay Marina was converted to 3 homesites, and Gayle's Marina became the DNR's
Maxwell Bay Access. Also during this time, 3 of the remaining 5 marinas underwent complete
renovation or replacement of their land-based facilities. �
During the past 15 years, Orono's focus has shifted to ensuring that the commercial activity at its
marinas does not spill over into the surrounding residential neighborhoods or roadways, and that
the activity within the marina properties does not have negative impacts on the surrounding
neighborhoods. Annual marina licenses issued in 1993 and later have been conditioned on the
marina meeting the following Operational Standards:
t
#11-3500 Boat Clubs
March 17,2011
Page 3
(1) Parking facilities on the site shall be managed so as to eliminate traffic or parking
congestion, eliminate illegal on-street parking, and avoid pedestrian tr�c through
neighboring property. '
(2)Boat engine testing and charging shall be limited to the hours 8:00 a.m. to 6:00 p.m.
(3) Retail sales and service shall be limited to the hours 7:00 a.m. to 10:00 p.m. except as
• necessary to accommodate normal fishing activity or private use of premises-stored
boats.
(4) The site shall be kept neat and orderly, and free of garbage.
(5) On-land storage of boats shall be managed so as to eliminate any view obstructions for
traffic entering and leaving the site.
(6) Parking and on-land storage of boats, trailers, materials and equipment shall be limited
to those locations shown on an approved site operation plan, which plan shall be
submitted or updated as part of the annual license application. Such site operation plan
shall also indicate seasonally variable uses.
(7)Lights shall be shielded from the road,the lake and adjacent properties.
These standards were established in the City's marina licensing ordinance in 1993, iwo yeaxs
prior to the B-2 District code revisions that made Boat Clubs a conditional use. Boat clubs were
not addressed in the B-2 District prior to 1995. When boat clubs became a eonditional use,
rather than esta.blishing a separate numerical standard for boat club parking requirements, the
City chose to rely on Operational Standard (1) for parking management, but gave Council wide
discretion by including as the only performance standard, "Applicant shall demonstrate that
adequate parking is available on the site".
Staff would suggest that the City's regulatory objective with boat clubs today is most clearly
sta.ted by Operational Standard(1).
Is There a Problem? The basis for raising this issue again in 2011 is simply that boat clubs
appeax to be on the rise. There is no documentation that the one boat club operated in Orono
since 1995 or earlier has caused any issues related to parking. The same concerns noted by the
Planning Commission in 1993-94 about more intense use of a given boat under a boat club
scenario, are the driving force behind this review of the B-2 standards for boat clubs (see
comments in the December 1993 PC Minutes, Exhibit A-1 of 2-14-11 memo).
Staff is aware of anecdotal evidence of boat club paxking issues at one other site on Lake
Minnetonka not in Orono. It would be fa.ir to characterize those issues as a function of site
operations management rather than purely inherent to the boat club use.
�
#11-3500 Boat Clubs
March 17,2011
Page 4
What Are the Options? StafF would suggest there are a number of options for Planning
Commission to consider:
A) No Chan�e. Recommend no changes, continue the current status of boat clubs as a
conditional use, and establish appropriate conditions for a given site at the time a CUP is
requested. However, whatever conditions are established that would allow the City to
limit or curtail the use in the future must articulate a rational basis for such curtailment.
In other words, it is not enough to have a condition that the business can be curtailed if
the Council decides there is a parking problem. It would be defensible however, if there
is a numerical parking standard that we can show is not being met.
B) Revise Boat Club Conditional Use Standards. In this option,Planning Commission could
recommend that a numerical standard be established for parking relative to the number of
boat club boats being operated. Adding a numerical standard creates an administrative
tool that would automatically limit the allowed use to a certain level; the counter
argument is that a numerical standard may be viewed by those being regulated as
arbitrary and anti-business.
Adding language that merely mirrors the provisions of Operational Standard (1) will
again ultimately yield arguments at such future time it is being enforced, as to how it was
determined that parking is a problem.
Similarly, adding language that allows the City to review the use if parking becomes an
issue, similar to the conditions placed on the 1995 CUP for Sailors World, becomes
difficult to enforce unless it contains some verifiable standards by which to measure
compliance.
C) Interim Use Permit. The Interim Use Permit is a tool that might be very appropriate for
the boat club use. An ItJP does not grant permanent rights that stay with the property; it
can contain sunset provisions that make the use disappear if certain triggers are met. It
can be subject to regular review. The NP is especially applicable in situations where the
City is concerned about the impacts of a use and doesn't want to make a permanent
commitment to allow the use. It is generally more acceptable for uses that do not require
investments in infrastructure such as buildings,roads, etc.
Planning Commission could recommend that the zoning code be amended by (a)
adopting provisions to allow Interim Use Permits and then (b) removing boat clubs from
the list of B-2 conditional uses and adding them to a new list of interim uses allowed in
the B-2 District. Then, any request for a boat club CUP would be granted as an Interim
Use Pernut, perhaps requiring a review or renewal every 2-3 years to determine whether
or not the use should be allowed to continue. The basis for doing so would be that the
boat club use may be appropriate under a given level of operation but if it becomes
problematic, conditions would be in place to curtail or eliminate the boat club use.
D) Make Boat Clubs an Accessorv Use. If Planning Commission feels that regulation of
boat clubs as a conditional use is not appropriate because issuance of a CUP grants a
perxnanent right to that use, an option might be to change their status to an allowed
#11-3500 Boat Clubs
March 17,2011
Page 5 .
accessory use. In this case, the City would rely on the annual marina licensing reviews to
address and resolve any issues that arise related to the boat club use.
Optionally, a standard might be added to the accessory use listing that limits the level of
the boat club use to a certain percentage of the marina's on-water slips (i.e. "Boat clubs
that occupy no more than 25% of the on-water boat slips of a marina"). Any expansion
beyond 25% would require a variance (?), or might have a corollary Conditional Use
enlxy (i.e. `Boat clubs that occupy more than 25% of the on-water boat slips of a marina'
would be a conditional use). .
E) Other, or a combination of the above...
Staff Recommendation
Reliance on a set of regulatory criteria that does not contain clear standards by which compliance
can be easily measured will be di�cult to enforce if the need arises. For that reason, staff is
recommending that a numerical parking standard be established for the boat club use. While the
marina owners/operators would prefer to not be bound by a standard that will potentially limit
their use,the City needs to have some level of confidence in its ability to enforce its laws.
Orono has licensed marinas since the 1960s. It has been suggested that annual review of a boat
club operation could be tied to the annual marina license review process. However, staff is
currently attempting to streamline the marina licensing process we have attempted to follow in
the past. Issuance of annual marina licenses has often been delayed due to the perceived need to
verify compliance with operational standards via a site inspection. Staff would prefer to separate
the issuance of licenses from enforcement of specific zoning standards, which runs counter to the
idea of an annual review of a boat club use as part of the licensing process.
Given the options noted above, staff would recommend the interim use permit option be
pursued, with a numerical standard for boat club parking, provisions for a review or renewal
process at stated time intervals, and the ability to curtail the use if it becomes a problem. We
acknowledge the marina operators' wishes to not be highly regulated. We understand Planning
Commission's hesitation to recommend fixing a potential problem that doesn't yet exist. Staff is
looking at the topic proactively and believes it would be in the City's best interest to have
measurable and defensible standards to fall back on should boat clubs become an issue due to
parking problems.
Planning Commission Action Requested
Planning Commission should discuss the options and their pros and cons, and make a
recommendation to Council regarding the boat club use.
� PC Exhibit A
` MINUTES OF THE � 0
ORONO PLANNING COMMISSION MEETING �
Tuesday, February 22,2011 �
� 6:30 o'clock p.m. �
�
3. #11-3500 CITY OF ORONO,AMEND CITY CODE SECTION 78-666,BOAT CLUB
CONDITIONAL USE PERNIIT,7:45 P.M.—8:50 P.M.
Gaffron stated Staff is proposing to add a numerical parking requirement to the B-2 standards. Currently
The B-2 standards do not specify a numerical parking requirement for boat clubs.
Orono has five commercial marinas on Lake Minnetonka. All are zoned B-2 Lakeshore Business District.
They comprise approximately 0.7 mile or 2 percent of Orono's 40.4 miles of Lake Minnetonka shoreline.
The marinas share a number of characteristics that make them unique as compared to most other �
lakeshore uses.
Orono's B-2 District has allowed boat clubs as a conditional use since 1995. Although not strictly
defined in the Code, our working definition of a boat club goes back to the discussions that resulted in the
1995 revisions of the B-2 District ordinances. At its simplest, a boat club is a time-share situation in
which multiple persons have the right to share in the use of a single boat. This may have a number of
permutations, such as having the right to share in the use of a variety of different boats. The critical factor
is the potential for a given boat to be used on many more occasions in a given time period as compared to
a boat used only by its owner.
Because of the potential for boat clubs to create more intensive use of a marina site,boat clubs are a
conditional use within the B-2 District and cannot be operated unless a conditional use permit is obta.ined. �
CUPs are issued to the owner of the property,not to a lessee or tenant,because the CUP becomes a
property right. Application.for a boat club CUP must be made by the property owner,not merely by the
tenant. Any CUP approved will be granted to the owner and tied to the properly,with conditions that
would apply to any boat club operator at the site.
The B-2 District Standards of the zoning code do not distinguish between the property owner and lessees •
in terms of operation requirements. The property owner is responsible for the property remaining in
compliance with the code regardless of the leases it may choose to enter into with tenants.
As a conditional use,under current code the boat club use will only be allowed if it can be shown by the
property owner that adequate parking is available on the site to accommodate that business operation in
addition to all other approved operations on the site. The premise behind this ordinance requirement is
that a time-share boat club operation has the potential to create a higher level of use than a standard
. single-user/single-owner situation;for instance,because of the potential for overlapping parking needs of
back-to-back users.
• The basic parking requirement of six stalls for each 10 slips assumes no more than 60 percent of boats
being used at a given time,.one car per boat. This standard has been in effect since creation of the B-2 �
District when the average pleasure boat stored at Orono's marinas was significantly smaller than today.
With today's variety of large boats holding many passengers,there is a potential for inadequate parking at
busy times, if passengers for a single boat arrive in separate vehicles: This may be exacerbated by a boat
club if back-to-back uses result in the need for parking overlap,or if boat club members and their guests
arrive in multiple vehicles. Because our marinas are all on busy county roads,nearby street parking is
extremely limited and is to be avoided.
Page
10 .
.
MINUTES OF THE D D
ORONO PLANNING COMMISSION MEETING �
Tuesday, February 22,2011 �%� �
6:30 o'clock p.m. �
v
Demonstration of parking adequacy for a boat club on the property should include a detailed written
description of how the overall site is used,how the boat club operates,hours of operation,what space on
the site is used for offices or other purposes,whether it is staffed full-time, how many employees at any �
given time, etc. other factors that come into play include the passenger capacity of club boats,what
percentage of the marina slips are devoted to club boats,how many members per boat, and how much of a
time interval is there between uses of a given boat. Many of these are all operational factors that can
make a parking situation succeed or fail.
For the Sailors World boat club CUP,approval was granted for a 100-member maximum boat club use
subject to maintaining the exclusive availability of 25 off-site parking stalls during May through
September with the City reserving the right to reconsider if parking issues or inadequacies arise at the
marina or at the off-site parking location.
None of the five Orono marinas are adjacent to private off-site parking facilities. Sailors World for a
number of years had an agreement with the Minnetonka Art Center for parking,which is approximately
3/8ths of a mile walking distance from the marina. The current sta.tus of that arrangement is not known.
While off-site parking combined with a shuttle service may be technically feasible,whether it is a practice �
that should be used to allow for a boat club use where parking is inadequate is an item for discussion.
Note that it would not be appropriate to accept a plan for off-site marina parking at one of the public
landings.
For most, if not all, of Orono's marinas,parking availability is already an issue given the number of slips
each has historically maintained. Increased parking requirements to allow addition of a boat club use may
not be possible at all of them. The feasibility and appropriateness of off-site parking is a factor to
consider.
Only one of Orono's give marinas currently has a boat club CUP. That is the Sailors World operation at
1955 Shoreline Drive. Staff is aware of one additional boat club operator who plans to open at the Marine
Max site in 2011. Under the current code,that operator, in conjunction with the owner of the property,
needs to apply for and obta.in a boat club CUP in order to operate this year.
The Planning Commission should consider the following issues:
L Does the City need to have a minimum numerical parking standard for a boat club use;
2. If so,how should that standard be established and what factors should enter into the standards;
3. What specific conditions should be written into a CUP approval resolution in order that the
Approval can be flexible for a boat club operator while providing the City with a means to ..
Revisit a CUP if parking becomes an issue;
4. Is the use of off-site parking a practice that should be allowed generally for ancillary marina
Uses such as boat clubs,or is it to be a�oided;
5. Are there non-parking factors that would make a boat club CUP inappropriate for a given site?
Page
11
` MINUTES OF THE
ORONO PLANNING COMMISSION MEETING �
Tuesday, February 22,2011 �
6:30 o'clock p.m. a
StafFbelieves that the CUP is an appropriate method to regulate boat clubs rather than licensing,but
�
issuance of the CUP must include provisions/conditions that allow a reaction to changing factors. • .
Kang asked how the 25 parking spaces for Sailors World were arrived at.
Gaffron indicated he is unsure how that number was determined and that there is nothing in the record
that reflects that.
Leskinen asked how the existing CUP for Sailor's World would be impacted if any changes are made to
the parking requirements.
Gaffron stated there is one existing CUP issued to Sailors World and that the City has not received any
complaints from the adjoining property owners regarding parking. Gaffron indicated he would need to
speak to the City Attorney to determine the impacts the new amendment would have on the existing CUP. .
Chair Kang opened the public hearing at 8:02 p.m.
Mike Sayler, Sailors World, stated he would like to give an overview of how their boat club operates.
Sailors World has been in existence since the early 1990s. In the 1990s,they had approximately 50 to 55
members and in the mid 1990s their membership grew to around 100 members. They have not
experienced any problems with parking over the years. The Crystal Bay Postal Office is also available for
parking on the weekends.
Sayler indicated they have a power club and a sail club. Sailors World owns three power boats and one
pontoon. Seven members are assigned to one boat,which is a 7:1 ratio. Generally a member pays a fee
for the summer,which entitles him to 15 boat reservations and he can two reservations on the books at .
any one time. On the weekdays,the boats were typically not used,which has led them to create a
weekday membership rate. They have had only three members take advantage of that. On the weekends,
the members are allowed to use the boats starting at 9 a.m.to 2 p.m. and then from 3 p.m. on.
Sailors World has never experienced any problems with parking with the possible exception of the 4�'of
July weekend. On"the 4th of July, each slip member and boat member are given a parking permit. If they
do not have a parking permit,they are asked to park somewhere else. Sailors World has not found a need
to regulate parking at all since they first started the boat club. In the past five years,they have had
approximately 29 members. As a result of the lower membership,they do not experience any issues with
the parking.
Sayler submitted a letter from the adjacent neighbor indicating that he has not had a problem with the
parking. Sayler stated he has spoken with the other neighbors and they have indicated they are willing to
write a letter if necessary stating they have not experienced any problems with parking. On busy
weekends, if e�cf:ra parking is required, a couple of the neighbors allow the employees to park in their
driveways.
Kang asked how many parking spaces are available at Sailors World. ,
Sayler indicated they have a total of 43 parking spaces and that typically less than half of their
membership uses their boats on a normal weekend.
Page
12
MINUTES OF THE Q '
ORONO PLANNING COMMISSION MEETING O D
Tuesday, February 22,2011 �
6:30 o'clock p.m. �
�
Thiesse asked how the ordinance would affect Sailors World.
Sayler commented in his view it would have a detrimental impact on their business since people do not
want to have to park further away and then be shuttled.
Thiesse stated the concern of the City is that the use goes with the�property and that the parking has to be
fair for everyone. � ,
Sayler stated in practicality no one would ever fill their marina with boat club boats.
Thiesse commented nowadays people do not want the hassle of owning their own boat and that in his
view boat clubs is a good idea.
Sayler pointed out that there are a limited number of boat slips on Lake Minnetonka and that it would not �
be practical to convert all the marinas into boat clubs.
Schoenzeit asked whether there is any parking of trucks and trailers.
Sayler indicated they typically do not have anyone parking their truck and trailer in their parking lot.
Luke Kujawa,Your Boat Club, stated he has had a number of discussions with Mike Gaffron regarding
- the ordinance. Currently a CUP is required. Boat clubs are solving a number of issues that are facing
marinas and the public by granting public access to the lake. Boat clubs also allow more families to
utilize boats periodically without the need to maintain and haul them. Kujawa stated the definition of a
boat club is an ambiguous term currently and that insurance companies as well as banks consider it boat
rentals. More and more families are sharing ownership of a boat.
Kujawa stated he understands the City needs to deal with parking,but that for the average person,boating
is getting to be unaffordable and that boat clubs addresses that need. Parking has not been in issue in the
past. Kujawa commented it would make sense to include the boat clubs as an accessory use and that the .
City could require an annual review of the parking.
If the Planning Commission makes a recommendation to put a numerical number on the parking, it should
apply only to the charter boat services since they will have 100 people showing up around the same time
and that it makes sense to have a number of parking spaces designated for that. Having the number based
on the ma�rrium gross capacity of the boat does not make sense since most boats are not filled to
capacity. �
Kujawa stated as far as parking itself,the current system works well. Kujawa noted he would never have
a 30-foot cruiser in his boat fleet that would accommodate 20 to 30 people and that he cunently has
fishing boats,ski boats, and pontoons. They seldom have all their boats out at the same time and that they
have an hour and a half turnover time between the morning usage time and the afternoon usage time.
Feuss asked whether any of the five boat clubs that he operates are located in Orono. �
Kujawa indicated they started one last year at the marina on Shoreline Drive.
Page �
13
' MINUTES OF THE
ORONO PLANNING COMMISSION MEETING D D
Tuesday, February 22,2011 �
6:30 o'clock p.m. �
�
Gaffron noted they were not allowed to operate a boat club at that location this past year and that they will �
be meeting tomorrow to discuss a permit.
Schoenzeit asked if they are subletting from a commercial marina.
Kujawa indicated they are and that boat clubs help marinas take advantage of their downtime.
Leskinen asked whether they have parking restrictions at any of their other facilities.
Kujawa indicated they do not.
Thiesse asked if they offer shuttle services.
Kujawa stated they do not and that people generally are not interested in it and would prefer onsite
parking.
Schoenzeit noted Mr.Kujawa's boat club only has six slips and asked how the boat club is staffed.
Kujawa indicated they are staffed pretty much full time every day. Kujawa staxed the marinas view boat
clubs as a positive and.that they sometimes assist the marinas with their boats.
Todd Nelson,Wayzata Boat Works, stated most people do not use their boats during the week and that
the busiest time is 4`�'of July. They do not have a problem with parking. Boating has become out of
reach for a number of families and boat clubs allow those families to have access to the lake. Parking has
never been an issue and boat clubs will not make it an issue. People schedule times that they want to use "
the boats and there is a limited number of boats.
Mike Hilbelith, Sailors World, stated he has a concern with the direction the ordinance could go and how
it could negatively impact the overall value of the marinas. Marinas provide a great service and access to
the lake. The parking requirements appear to be arbitrary and that he would suggest the City speak with
the adjoining property owners to see whether pazking has ever been a problem. The marinas need parking
for the people who own boats and that parking is a site speci�c issue for each particular marina.
Hilbelith noted the 25 parking spots have not been contracted for by Sailors World for the last 12 years
and he would like to see that eliminated from their conditional use permit. It appears the City is
attempting to put restrictions on the marinas for what appears to be a possible problem one day of the
year,which is 4`�'of July. �
Dave Briggs, Wayzata Marina and Maxwell Bay Properties, stated over the last five years ownership of
three marinas has changed. Going back 15 to 20 years,there were a number of issues that the City had
with marinas,but in the last few years those problems have not surfaced. Technically boat clubs and
rentals use parking more than other uses but that certain marinas do have higher usages. Briggs stated in
his view there should be some rules regulating parking. They currently have boat sales,marina, and
service,but if another boat club moved into Orono,there would be parking issues. Briggs encouraged the
Planning Commission to give some thought to the future parking needs.
Chair Kang closed the public hearing at 8:37 p.m.
Page
14
MINUTES OF THE � �
ORONO PLANNING COMMISSION MEETING �
Tuesday, February 22,2011 �
6:30 o'clock p.m. �
�
Kang stated determining the parking needs in relation to the number of slips has been difficult and that
she would like to avoid a highly regulated situation but that there needs to be some guidelines. Kang
stated she personally would like some additional time to consider the ordinance.
Feuss commented she does not see any facts to support the need for this code amendment and that there
does not appear to be a clearly defined objective that the City is attempting to resolve. Feuss stated she is
uncomfortable with creating additional regulation without understanding the facts better and that she
would like to make sure that the City defines that goal as clearly as possible.
Feuss noted boat clubs are not adequately defined,and if the City is looking at concerns with parking
issues,the City should also look at rental boats,multiple owners, definition of a boat club,and other uses
that would impact parking besides boat clubs. Feuss stated she is not comfortable making a
recommendation at this time.
Thiesse indicated he is in agreement with Commissioners Kang and Feuss. Parking is an arbitrary thing
and that the City should look at the future parking needs for the marinas. Thiesse pointed out that a
conditional use permit goes with the property and that appropriate care needs to be taken prior to the
approval of any CUP. �
Thiesse commented he was not aware there was downtime between the morning and afternoon usage,
which does help alleviate some of the parking issues. Thiesse stated he would prefer Staff put together a
conditional use permit that outlines the operation of each individual business and then require an annual
review.
Schoenzeit stated the ratio for the boat club does not appear excessive. Schoenzeit recommended the City
continue to have an annual review process regardless of what route they chooses to take.
Schoenzeit commented that they have heard a lot of,it's not broken, don't fix it,but that in his view
further discussion of the parking issue is appropriate. Schoenzeit stated he appreciates the input of the
boat club owners.
Leskinen commented the input of the boat club owners has been valuable and that she is in agreement
with the other commissioners that there does not seem to be a clearly defined problem that needs to be
fixed.
Kang commented it appears that the Planning Commission and Staff needs to think about future parking
issues that could arise and to clearly define those.
Kang moved,Feuss seconded,to table Application#11-3500,City of,Orono,Amend City Code
Section 78-666,Boat Club Conditional use Permit. VOTE: Ayes 5,Nays 0.
Gaffron asked whether the Planning Commission would like any specific additional information
provided.
Feuss stated she would like to see a clearly defined goal that the City would like to achieve and have Staff
outline the options the City could take to achieve that goal.
Page
15
� MINUTES OF THE
ORONO PLANNING COMMISSION MEETING �
Tuesday, February 22,2011 � �
6:30 o'clock p.m. /U/
�.Z� �
Kang indicated she would like to have the definition of boat clubs better defined and the pros and cons of
accessory uses outlined.
Schoenzeit noted the City already has some control over the parking with the annual review and that they
could require the marinas and/or boat clubs at that time to take some steps to resolve a parking problem if
one occurs.
Kang stated perhaps one solution would be to have the marinas provide a parking plan for the entire year
or for the 4`h of July.
Feuss stated she would like to see the problem that they are attempting to fix be more clearly defined. �
Gaffron noted the City does have an annual licensing process,which has not been followed thoroughly in
the past but could be reviewed by Staff to see whether that would be a viable option.
Leskinen asked whether there is a way to deal with this within the conditional use permit process if the
permit process is not a good option.
Gaffron noted the City currently licenses garbage haulers and a few other businesses,but does not utilize
that process very often. Gaffron stated approximately 30 years ago there were a number of issues with
the marinas,but that over the past 10 years or so they have not encountered many problems. Gaffron
indicated Staff is attempting to look at issues that may arise in the future and how to deal with those.
Gaffron noted there will be an application coming before the Planning Commission in the near future for
the Brown's Bay site. At this point it will be processed as a conditional use permit route and the Planning
Commission has the option of placing different conditions on the use.
PLANNING CONIlViMISSION COMMENTS
4. REPORT OF PLANNING COMNIISSION REPRESENTATIVES ATTENDING CITY
COUNCIL MEETINGS ON JANUARY 24,2011,AND FEBRUARY 14,2011
Thiesse reported on the January 24th meeting. The City Council dealt mainly with issues relating to the
Crystal Bay Road project,particularly as it relates to the median and the landscaping. The Council
decided that the landscaping isn't for aesthetic purposes and that it is designed to deter pedestrian traffic.
The School District will perform maintenance on the landscaping.
Schoenzeit asked if the roundabouts are good for cuing.
Thiesse noted there will not be left turns allowed.
Gaffron stated the engineers have done a number of different modeling scenarios and that they will also
do some side cuing scenarios as part of their studies. The city engineers are working closely with the
school on the road design and the school has been very supportive of the proposed design.
(Feuss leaves the meeting at 8:55 p.m.)
Page
16
�.
� � � . .
` .� '� . PC Exhibit B
C�t o� ORONO
�
RESOWTION OF THE CITY COUNCIL
A NO. 1866
� 0 � �
RESOLIITION DIRECTING STAFF TO �
ISSIIE A COMMERCIAL DOCR LICENSE �
TO 1�INNETONKA BOAT WORRS
SIIBJECT TO CONDITIONS NOTED HEREIN �
FOR THE PERIOD OF JAATUARY l, 1985 TO DECEMBER 31, 1985
WHEREAS , the City of Orono , hereinafter "City" is a
municipal corporation organized and existing under the Iaws 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 genera�l 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 foI lowingi
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 Iifts
� 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 individual.ly owned boats.
AND Tn1HEREAS, the City Council has determined that if
unregulated, such commercial. activity on or near the public waters and
on the Iand within the City may be detrimental. to the public heal.th,
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
el.iminate 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 4 �
F
r • �
. �. �
� w
. � c�t o� oRONo
�
RESOLUTION OF THE CITY COUNCIL
� NO. 1866
• - • • .
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 regu`lates both the on-
Iand activites 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 Iimit 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 regul.ation of the navigable waters involves an
exercise of police power of the State, LMCD, and the City of Orono,
aIl of which have adopted rules to ensure to alI equal enjoyment of
the public rights and to suppress the clashing of public and private
intere�sts 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 extent prohibiting any interference with the public waters ad-
joining 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 pub].ic generally is to construct one
dock to the navigable depth of the public waters. There can be no
dispute but that the publ.ic generally and each riparian owner to Lake
Minnetonka has the right to use the entire surface area of Lake
� Minnetonka for aIl suitable purposes in common with all other riparian
owners. This right is a right not only to 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
Page 2 of 4
.
, , . , .
. �. • �
- ,,,
C�t o� OR4N0
�
RESOLUTION OF THE CITY COUIVCIL
� NO. 1866
� � � �
WHEREAS, as the popul.ation has increased around Lake
Minnetonka, and in the Twin City Area generally, it is clear that more �
and more people have used the Iake for sailing, rowing, fishing,
boating, bathing, skating, and other public purposes which cannot be
now full.y enumerated or even anticipated; and
WHEREAS , Lake Minnetonka is capable of substantial �
beneficial public use only as Iong as all� riparian users of the Lake
are _regulated 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 Iimited
rigY}t 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 generaZly; and
WHEREAS, it is fundamental � that a rip�arian owner's rights
are measured by the necessities and character of his use. The
marinas, for private commercial. gain wish to temporaril.y 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 al 1 to the detriment of other
riparian owners and the public. The marinas present operations and
contemplated operations far exceed a reasonable use of their Iimited
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 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 3 of 4
. , ,
� -
Ar '
. Cit� o� ORONO
RESOLUTION OF THE CITY COUNCIL . �
• NO. 1866
� � e •
WHEREAS , as a condition to the issuance of the 1975
commercial. marina I.icenses, 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 non-conforming place-
ment 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 Iand or the publ.ic waters; and
WHEREAS, all of the requirements of Section 5.42 of the
, Oorno Municipal Code regulating commercial marina operations, Section
10.41 of the Orono Zoning Code regulating the use of I.akeshore �
business district property and the 1975 Operations Agreement are in
full conformity with the applicable regulations and intents and pur-
pose of the Lake Minnetonka Conservation District's regulations for
commercial marinas and the State of Minnesota, Department of Natural
Resources' regul.ations 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 app lication for an annual Commercial
Dock License described on Exhibit A attached,
NOW, THEY2EFORE, 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 Counci 1 of the City of Orono at their
meeting on the 7th day of October, 1985.
, � � f
Mary C. B er, ayor
ATTE .
l��`
"orothy M. llin, City Clerk
Page 4 of 4
' �
.
� PC Exhibit C ;
To: � Chair Kang and Planning Commissioners
Jessica Loftus, City Administrator
From: Mike Gaffron,Asst. City Administrator-Long Term Strategy�%�'`-'
Date: February 14, 2011
Subject: #11- 3500 City of Orono -Zoning Code Amendment: Regulation of Boat Clubs
Zoning District: B-2 Lakeshore Business District
Summary: "Boat clubs" are a conditional use in the B-2 District. The issue presented for
discussion and recommendation is establishment of a parking requirement for the boat club use-
how much pazking is needed, and how parking for the boat club operation relates to the marina
business to which it is typically ancillary. The B-2 standards do not specify a numerical parking
requirement for boat clubs. Staff is proposing to add a numerical parking requirement to the
standards.
Staff Recommendation: Consider the information provided, take input from stakeholders, and
make a recommendation on the proposed amendment to establish a numerical parking standard
for boat clubs.
Exhibits
A- Planning Commission Minutes 12/15/93, 1/5/94, 2/23/94
B - B-2 District Zoning Code Provisions - Sections 78-661 thru 78-678
C - Marina Licensing Standards - Municipal Code Sections 94-71 thru 94-101
D - Section 78-916 - Conditional Use Permit Standards
E- Draft Ordinance Amendment for Discussion
F - Sailors World Boat Club CUP -Resolution No. 3582 (7/10/95)
G-Notification List
Marinas - Sackground
Orono is home to 5 commercial marinas on Lake Minnetonka. All are zoned B-2 Lakeshore
Business District. They comprise approximately 0.7 mile or 2% of Orono's 40.4 miles of Lake
Minnetonlca shoreline (the remainder being 13%in public parks and right-of-ways, and 85%in
private residences). The marinas share a number of characteristics that make them unique as
compared to most other lakeshore uses:
- They provide a service to residents and non-residents of Orono by providing Lake
Minnetonka access for people who don't own lakeshore,via a number of inethods including
slip rental,boat rental, on-demand storage/launching(dry-stack), and boat clubs.
- They provide ancillary services locally for lakeshore and non-lakeshore owners such as boat
repair, seasonal in-out services and winter storage, and boat&marine merchandise sales.
- They have historically been granted development rights fax surpassing those normally
granted by Orono to residential owners, because they are an integral element of the provision
of public accessibility to Lake Minnetonka. This is manifested most visibly in past vaxiances
for hardcover and lake setbacks for structures. --
- Each marina has a set number of boat slips that has been established for many years through
City actions and LMCD regulations. Orono's minimum parking requirements for marinas
are in part related to the number of boat slips.
#11-3500 Boat Clubs
February 14,20ll
Page 2
Boat Clubs
Boat Clubs are poised to potentially become a more common use on Lake Minnetonka. In
addition to the advantages to the boating consumer by having access to one or more boats
without owning one,boat club boats do not txavel to and from other lakes, reducing the chances
of spreading aquatic invasive species (AIS). � •
Orono's B-2 District has allowed Boat Clubs as a Conditional Use since 1995. Although not
strictly defined in the Code, our working definition of a boat club goes back to the discussions
that resulted in the 1995 revisions of the B-2 District ordinances (see Exhibit A). At its simplest,
a boat club is a time-share situation in which multiple persons have the right to share in the use
of a single boat. This may have a number of permutations, such as having the right to sliare in the
use of a variety of different boats. The critical factor is the potential for a given boat to be used
on many more occasions in a given time period, as compared to a boat used only by its owner.
Because of the potential for boat clubs to create more intensive use of a marina site, boat clubs
are a conditional use within the B-2 District(but not allowed in other Districts) and cannot be
� operated unless a conditional use pernut(CUP) is obtained. The existirig code reads as follows:
Section 78-666. Conditional Uses. �
No conditional use permit shall be granted unless the property is found to be in compliance
with the landscaping and screening requirements of this division. All conditional use permit '
applications shall be reviewed in accordance with the provisions of article V of this chapter.
YVithin any B-2 lakeshore business district, no structure or land shall be used for the
following uses without a conditional use permit.•
(I) Boat clubs (time share). The applicant shall demonstrate that adequate parking is
available on the site.
(2) Public boat launching, on-demand(on-demand launching of customer-owned boats
stored on the business site). The applicant shall demonstrate that adequate parking is
available on the site. Approval shall be subject to Lake Minnetonka Conservation
District(LMCD)permit for such use, but the city shall not be obligated to approve such
use if approved by the LMCD when parking is inadequate.
(3) Public boat launching, transient. (Launching of boats via a ramp or other means for or
by customers when such boats are not stored on the site). The applicant shall
demonstrate that adequate car-trailer parking is available on the site. Hours of
operation shall be at council discretion. '
(4) Charter boat port of call. A charter boat port of call shall be defined as a location
where a charter boat may pick up passengers other than the owner or operator or
employees of the charter boat, whether or not the charter boat is normally berthed on
the property. The city may place appropriate conditions on a charter boat port of call
regarding minimum parking requirements, hours of operation, etc., as may be
#11-3500 Boat Clubs
February14,2011
Page 3
appropriate to protect public interest. The applicant shall demonstrate to the council
that all such conditions are met.
(5) One caretaker dwelling unit, subject to conditions and limitations for such use that may
. be imposed by the city council.
CUP Becomes a Propert�Ri�ht. CUPs are issued to the owner of the property, not to a lessee or
tenant,because the CUP becomes a property right. Application for a boat club CUP must be
made by the property owner,not merely by the tenant. Any CUP approved will be granted to the
owner and tied to the properly, with conditions that would apply to any boat club operator at the
site.
The B-2 District Standards of the zoning code (Sec. 78-661 thru 78-678) do not distinguish
between the property owner and lessees in terms of operation requirements. The property owner
is responsible for the property remaining in compliance with the code regardless of the leases it
may choose to enter into with tenants.
As a separate but related matter, Orono has been licensing marinas since the 1960's. The marina
licensing code (Sec. 94-71 thru 94-101) establishes in Section 94-73 that the primary business
operator on the property shall be the licenseholder, and any businesses subleased on the premises
shall be identified by the licenseholder,but will not be separately licensed. A boat club as a
tenant of a marina property does not need a separate business license.
As a conditional use, under current code the boat club use will only be allowed if it can be shown
by the property owner that adequate parking is ava.ilable on the site to accommodate that
business operation in addition to all other approved operations on the site. The premise behind
this ordinance requirement is that a time-share boat club operation has the potential to create a
higher level of use than a standard single-user/single-owner situation; for instance,because of the
potential for overlapping parking needs of back-to-back users.
Why is Parking a Factor?
Parking is largely a site-specific operations management issue. The Code does establish
mini.mum parking requirements for basic marina operation and for certain ancillary uses.
However,the code currently contains no specific numerical parking standards for boat clubs.
Orono's marina parking requirements are listed in 78-668 and read as follows:
Section 78-668. Parking Requirements.
Within the B-2 lakeshore business disti^ict, the off-street parking facilities shall be sufficient
to eliminate any tra�c or parking congestion likely to be caused by the business conducted.
The parking areas need not be paved but shall be provided with appropriate stormwater
runoff quality/quantity controls as may be required in this division. The minimum pa�king
requirements shall be as follows:
#11-3500 Boat Clubs
February 14,2011
Page 4
(1) Six parking spaces shall be provided for each ten boat slips on water or on land.
(2) At least eight off-street parking spaces,plus one additional space for each 800 square
feet offloor area over 1,000 feet, including warehousing, and all outside sales and
storage areas related to the sales and service functions.
(3) If the proposed use is�to include the launching of boats owned by the public for the day
fi•om trailers (i.e.,public boat launching, transient), ten additional auto-trailer parking
spaces shall be provided for each Yamp.
(4) If the proposed use is to include a charter boat port of call, one additional parking
space for each three seats of gross charter capacity shall be provided, or a plan for off-
site parking and shuttle service shall be provided to the ciry subject to council
approval.
(S) The required parking spaces may not be separated by a public roadway ff-om the dock,
a storage space, mooring space,floor space or ramp they are designed to serve.
(6) Required off-street parking space may not be utilized for open storage of goods or for
the storage of boats; except that during the winter storage season each year, the
required off-street parking may be used for winter storage of boats,provided that 20
percent of the required parking spaces remain as a functional parking area. During the
transition seasons (April 1 S to May 31 and September 16 to November 1 S), adequate
parking shall be maintained on the site, su�cient to eliminate tra�c or parking
congestion; but in no case shall parking be reduced to less than 20 percent of the
required spaces.
(7) Parking may not be allowed in any required yard or landscaping area.
(8) Employee parking spaces shall be in addition to the parking spaces required in
subsections (1)—(7) of this section. The number of employee parking spaces shall be
� designated on an official parking plan to be kept on file with the city.
(9) Where these minimum parking requirements prove to be inadequate for a given use,
additional parking may be required in order to continue that use.
The basic paxking requirement of six stalls for each 10 slips assumes no more than 60% of boats
being used at a given time, one car per boat. This standard has been in effect since creation of
the B-2 District(January 1, 1968) when the average pleasure boat stored at Orono's marinas was
significantly smaller than today. With today's variety of large boats holding many passengers,
there is a potential for inadequate parking at busy times, if passengers for a single boat arrive in
separate vehicles. This may be exacerbated by a boat club if back-to-back uses result in the need
for parking overlap, or if boat club members and their guests arrive in multiple vehicles. Because
our marinas are all on busy County roads, nearby street parking is extremely limited and is to be
avoided.
Demonstration of parking adequacy for a boat club on the property should include a detailed
written description of how the overall site is used, how the boat club operates,hours of
#11-3500 Boat Clubs
February 14,2011
Page 5
operation,what space on the site is used for offices or other purposes,whether it is staffed full-
time,how many employees at any given time, etc. Other factors that come into play include the
passenger capacity of club boats, what percentage of the marina slips are devoted to club boats,
how many members per boat, and how much of a time interval is there between uses of a given
boat. Many of these are all operational factors that can make a parking situation succeed or fail.
CUP Conditions
Section 78-916 (Exhibit D)provides the findings that must be met by any Conditional Use in
order to gain approval. Some of these findings will have a direct impact on whether a boat club
is appropriate for a given marina. Perhaps the most pertinent is finding#12 -the conditional use
must"Not cause excessive non-residential traffic on residential streets, parking needs that cause
a demonstrable inconvenience to adjoining properties,traffic congestion, or unsafe access."
For the Sailors World boat club CUP, approval was granted for a 100-member maximum boat
club use subject to maintaining the exclusive availability of 25 off-site parking stalls during May
- through September(subject to annual confirmation) with the City reserving the right to
reconsider if parking issues or inadequacies arise at the marina or at the off-site parking location.
None of the 5 Orono marinas are adjacent to private off-site parking facilities. Sailors World for
a number of years had an agreement with the Minnetonka Art Center for parking,which is
approximately 2000' (3/8 mile) walking distance from the marina-the current status of that
arrangement is not known. While off-site parking combined with a shuttle service may be
technically feasible, whether it is a practice that should be used to allow for a boat club use
where parking is inadequate is an item for discussion.Note that it would not be appropriate to
accept a plan for off-site marina parking at one of the public landings.
For most if not all of Orono's marinas,parking availability is already an issue given the number
of slips each has historically maintained. Increased parking requirements to allow addition of a
boat club use may not be possible at all of them. The feasibility and appropriateness of off-site
parking is a factor to consider.
Issues for Discussion
Only one of Orono's five marinas currently has a boat club CUP. That is the Sailors World
operation at 1955 Shoreline Drive. A copy of the CUP issued in 1995 is attached. Staff is aware
of one additional boat club operator who plans to open at the Marine Ma.x site(1444 Shoreline
Drive) in 2011. Under the current code,that operator in conjunction with the owner of the
property needs to apply for and obtain a boat club CUP in order to operate this yeax.
Staff believes that the CUP is an appropriate method to regulate boat clubs, rather than licensing,
but issuance of the CUP must include provisions/conditions that allow a reaction to changing
factors. Issues for consideration include:
1) Do we need to have a minimum numerical parking standard for a boat club use;
>
•
#11-3500 Boat Clubs
February 14,2011
Page 6
2) If so,how should that standard be established-what factors enter into the standazd;
3) What specific conditions should be written into a CUP approval resolution in order that
the approval can be flexible for a boat club operator while providing the City with a
means to re-visit a CUP if parking becomes an issue; �
4) Is the use of off-site parking a practice that should be allowed generally for ancillary
marina uses such as boat clubs, or is it to be avoided; and
5) Are there non-parking factors that would make a boat club CUP inappropriate for a given
site? •
Draft Ordinance for Consideration
Exhibit E is a proposed draft amendment to the B-2 District standards to establish a numerical
parking requirement for boat clubs. It requires that for each 5 persons capacity in boats stored
in water or on land for boat club use, one complete parking stall shall be provided. The
number 5 is proposed because that is the number of persons a typical passenger vehicle can hold.
(Compare this with the requirement for 1 sta11 per 3 persons capacity for a charter boat operation
- see discussion below) An example of how required paxking would be calculated is as follows:
Bxample Marina Parameters:
- Office less than 1000 s.f. in floor area(requires 8 stalls per 78-668)
- 50 on-water boat slips, of which:
40 are devoted to customer-owned boats (requires 0.6 stalls per boat) 40x0.6=24 stalls
10 are devoted to boat club use and each club boat has a capacity of 8 persons
(10 boats x 8 persons per boat= 80 persons/5 persons/stall= 16 stalls)
. Total stalls required=8+24+ 16=48 stalls
In this example,using 8-passenger boats as the standard, if all 10 boats are out at once and filled
to capacity it is likely that 2 vehicles per boat will have delivered passengers, so 16 stalls won't
be enough. The likelihood of such an occurrence is subject to discussion. Should we be
requiring parking for the worst-case scenario? We would not do so for a retail store that needs
overflow parking just before Christmas; and retailers presumably have less control over their
parking than a marina owner/operator. It would seem reasonable that the marina would be able
to properly manage their parking situation, by establishing parking rules for their customers and
members. Boat club managers axe more likely to have control over their members than charter
boat operations in terms of how people arrive at the marina- so using 5 persons per vehicle
rather than 3, seems reasonable.
Staff Recommendation
Orono's marina owners have been notified of this proposed amendment and this public hearing,
as have operators of existing or potential known boat club operators. Planning Commission
should discuss the issues, and make a recommendation to�City Council.
:��_ . �
-�4;:. . o A—►
s�:�� �
y���'` ORONO PLA.NYI�vG C0�1�i'Y1i ISSION SESSION
.��;;:` y�TES �F ���EDi�IESDAY, DECEMBER 15, 1993 °
,;.,
, ��, s
���� ae capabiliry. Dunn described his curtent winter operation and noted that the �
z.�e winter stora� .
��<' of the site is related to mana�ement of the operation.
> capability . . . • �
.;�;,:
�;,�.;,
��.
"��e members concuri'ed that on-dsmand��n edct�h�at the defin.ition of�marine ac es ories" �
.,�S��k, should be a Condit�onal IJ
�'�'`'robably needs some expansion. Lindquist noted that boat brokerage is a different business tha.n
���� erha s should be listed separately.
�boat sales and P P
tl G:�..:,
'�5+' Qe "wet and dry stora;e" racher than referrin� to the rental of
:�,-..
°�z unn suQ�ested using the an;ua,
:�,:D
s�water boat slips or on Iand stor�a�e• a f�e�the all ten ompassin�salesalaspect of a moarina
�'t�ailers, and mari�e accessones to � � .
`�F
;��o eration. He discussed that the word boats�e adcessories.SSSailboardsecou d beacons dered
�,; P
��and those not ticled could be considered as m
•�;7;;�.. QQested that list of "marine accessories" be documented, but not .
��>;as accessories. Schroeder su�o
°iG�X` laced i.n the code.
}�;necessarily p
�:�
s��::
. 1Dunn. indicated he would prefer that charter boa[sn,a uast felsthat a�least the charter andclub
� `�`Uses rather than Conditional. Schroeder and L q
�o erations would.require some performance stand�ore hourshof use pe rboat than a btYPiCaI
�s� P
f�:Conditional. Rowlette noted that boat clubs result � Q need. If boa[clubs were a Pernurted
:�;:• .
�' rental slip, and th.erefore have a potentially �reater parkm�
�t� but timeshare boats has potential for much �ea�er activity than
�4�Use, a marina tha.t was nothin�
ical weekend•boater situation. Dunn counteaed aao�o �e ��eu�an would a brypical boat
,��the ryp
�F�at Gayle's Marina wi11 result in many more boats �ettin,
��'` _
��:club. : �
��:
,��;Peterson noted that Orono already has a reladvely 1 e' ublic�access pa�cessand theefore must
�.
x;;�Lalce Niinnetonka cities as well as a laz�e shaze o p
<:�::have tougher re�ulations. Dunn i.ndicated he expects to substantially increase h.is securiry budget
��'if the Gayle's Manna site becomes an access.
�.,�A
t::
�'�`�Feterson su�gested that waste oil and anti-freeze handlina and stora�e needs to be addresse
Pti'.
'���adequately in the code. Dunn noted the EPA currendy rew.lates this. Gaffron indicated the
"�'code does discuss proper fuel handli.n;.
f�:.
i T'��
�x�: � ed u and
,�.- o'S discussion be typ P
�Lindquist requested that the list of uses and a review of the eveni.n,
`�:;�distributed prior to the next meetin„ which is scheduled for 5:00 p.m. on Wednesday, J��Y
�: 5 .
n���
�::,.
�S The meetina was adjourned at 7:03 p.m.
*:
�x»;_ , .
��
��:`:
�;
�': Person.
'"'� Charles Schroeder, Chair �.
f' .
Ce�;
� � 5
,,.
y�Tj• , .
x.
3�:
� � U � �� �a-2
� � �� `� e --
� . �
. � �
MIlVU'�ES OF THE ORONO PI.A,NNING COMIYIISSION WORS SESSION �
� ... WED'�IESDAY, JANUARY 5, 1994
� Brown noted he had been involved in i�rrail plan.ning in Carver County, and his experience with
landowners had been that they generally have no problem with snowmobiles as long as they
°Stay out of my y�a^. �
� Schroeder moved the discussion along to the conditional use list, leavin� cross country skiing
and snowmobile sales/rental/service/lake operations base for further discussion later.
�, Schroeder noted that "transient boat launching" means a marina would essentially act as a public
access ra.mp. After brief discussion, Planning Commission agreed that transient boat launching
�' was a reasonable conditional use as along as parking is addressed, and ultimately might reduce
� car-trailer parkin� on the street.
� Regarding boat clubs, Schroeder defined them as "multiple persons shari.ng in the use of a single
boat", resulting in more hours of usage for a single boat as compared to the normal sin;le owner
situation. Rowlette indicated her family doesn't boat on weekends due to overcrowding of the
� lake. Richie Anderson suggested that 6-8 individual members was typical per boat in a boat club
and that the boat club concept would not inc�ease boat density on the lake given that the 8 users
have only a single boat, whereas 8 individual boats being used by 8 owners would certainly
� . increase density. Mabusth questioned the parking needs for boat clubs. Rowlette indicated the
concept would be a problem if for instance, every single slip at a marina was devoted to boat
club use, which would potentially yield every one of the slipped boats being used all the ti.me.
� Hilbelink suggested that a boat club is no difFerent than a rental boat situatioa in terms of
amount of usage per boat. Schroeder made the point that under the normal structure, 100 boats
could be used individually by 100 families, but under a boat club structure, those 100 boats
� could be used by 600 families, and the relative amount of usage of those 100 boats would
increase substantially. Parking would not necessarily be an issue, because not all 600 fam�lies
� would be there at once.
Regarding on-demand launch of customer's boat stored on site, Gaffron noted that this could be
� accomplished by dry stack, or by boats sitti.ng on trailers outside. The theory is that the
customer would call ahead, telli.ng the mari.na to have their boat in the water and ready to go i.n
an hour. Rowlette noted this was quite prevalent in Florida and other areas, but not as common
� yet in Orono. She also suggested she would rather see such storage inside buildings raiher than
outside. Gaffron noted that while Orono has historically only allowed North Shore Drive
Marina the use of 20 of its 72 dry stack spaces for boats for Iake use, the LMCD licenses all
� 72 as lake use slips. The fallacy is that LMCD doesn't count boats stored on trailers for lake
use in their licensing count.
� Schroeder suggested that the Planning Commission may at some point address the boat density
-- issue, and needs to be ttvnki.ng about standards and regulations for pazking at mari.nas.
�
7 �
� �
� - . . .
�- - � ��
� _�
1��IUTES OF THE ORONO PL� 1 � G' ��3sizO� ���� SESSION
� VYEDNESDAY, F'EBRU
issue of storage should be acldressed. Nolan commte�nee�ould be sto ed off-s te �
� Berg felt the e1. �derson stated that y
would not be left unattended in the summ
• the su.mmer. Zullo noted that people leave their boats outside all winter so it could be a
� �
problem wi� �►ose people havin; snowmobi es.
eder thouahtthere was a stron�er anti-snowmobile sales/service/rental thanpro-snowmobile
Schro � derson asked how Schroeder came to that conclusion. Schroeder
� sales/service/rental group. � Q Co�ssion meetings and comments made by those in
responded it was based on the Planni.n,
• endance. Gaffron com.mented that the Ciry has not e coummu�ry�dlbatesthe publi hdoesn't
� att
the B-2 zone in the pasex and d uses b u to cont n u to be just marinas.
w a n� m a r i n a s t o h a v e p
a ed that snowmobile lake operations base (activiry fr em�ren�use ls demonstration
� Members a�re
of snowmobiles out on the lake) should be removed from the acc ry
e uested confirmation that sales and service of sno na°olns will have topbe definede
� Gaffron r q
added to the conditional use list and at some future tune the co
� All members agreed.
Smith asked tha� service be added co the cross-coun�ry ski sales/rental.
� er continued with discussion of boac clubs and did Ion°b�J�ed the proposed angua°e
Schroed P Q ratio. Gaff
maincained. Nolan brought up the issue of ar�� A licant shall demonstrate that adequate
� for boat clubs would read, "Boat clubs (time share). pp
' Q ' available on the site." This leaves it up to Council's discretion to determine if
parkin� is
- adequate parking exists.
� aeneral concept of boat clubs and expressed his concern with parkin� and
Nolan questioned the �
er of inemberships sold in the boat club. Gaffron explainhe tcondidonal use pernucl to
� the numb eC� ,�,,ould likely have to be placed on
has not been devised y
re�ulate a boat club. ' �
� voiced his concern about launchin� on-demand and felt it could have five times the
� Peterson
�pact rhat boat clubs will have in the future.
ked if there really is a parking problem on the lake: He live�s �e ear when a
� Anderson as a few da s durin� Y
con[ends that the lake is being used less. There are only Y
m�� has a pocential parking problem.
� ented that the police need to enforce the parking re�ulations and illegal roadside
Peterson comm
parkin�• •
�
• 'Municode Page 1 of 7
�
Orono, Minnesota, Code of Ordinances » Title VI - LAND USE » Chapter 78 -ZONING
REGULATIONS » ARTICLE IV. -DISTRICT REGULATIONS» DIVISION 13.-B-2 LAKESHORE
BUSINESS DISTRICT»
DIVISION 13.-B-2 LAKESHORE BUSINESS DISTRICT
Cross reference—Businesses,ch.26. i
i
Sec.78-661.-Definitions. �
Sec.78-662.-Puroose. � �
Sec.78-663.-Business license reauired.
$ec.78-664.-Site olan review. �
Sec.78-665.-Permitted uses.
Sec.78-666.-Conditional uses.
Sec.78-667.-Accessorv uses. �
Sec.78-668.-Parkina reauirements.
� Sec.78-669.-Yards.
Sec.78-670.-Landscaoina areas.
Sec.78-671.-Additional�erformance standards. �
Sec.78-672.-Area.heiaht.lot width and vard reauirements. i
Sec.78-673.-Setback.hard cover and tree removal reaulations. ;
Sec.78-674.-Drainaqe. I
Sec.78-675.-Nonconformina use.
Sec.78-676.-Variances.
Sec.78-677.-Reaulation of structures within the lake:adootion bv reference.
� Sec.78-678.-Reference to other ordinances.
Secs.78-679-78-700.-Reserved. �
, Sec. 78-661. -Definitions. z
I �
� The following words,terms and phrases,when used in this division,shall have the meanings ascribed to
�
them in this section,except where the context clearly indicates a different meaning:
� s
Charterboat means a watercraft carrying passengers for hire on Lake Minnetonka and which is required {
to hold a certificate of registration from the Lake Minnetonka Conservation District. �
Marina business means engaging in one or more of the permitted, accessory or conditional uses allowed �
within the B-2 lakeshore business district. ' , �
�
(Code 1984,§10.41(2);Ord.No.132 2nd series,§2,1-23-1995) �
Cross reference—Definitions generally,§1-2. ,
�
� � Sec. 78-662. -Purpose. •
The,6-2 lakeshore business district was originally intended to provide areas where limited commercial
businesses could be located to service boats used for recreational purposes on Lake Minnetonka. However,
many of the operators of the lakeshore businesses have stripped the trees and vegetation from the shorelands ;
and have expanded the operations so that now the B-2 lakeshore business district adversely affect the lake �
water quality and the real estate values of adjoining properties.The purpose of this division is to provide
regulation of these businesses in a manner that will ensure protection of adjacent residential properties which =
have previously suffered from the unregulated expansion of commercial activities,while protecting and �
enhancing the quality of the lake and shoreland environment. �
� (Code 1984,§10.41(1);Ord.No.132 2nd series,§2,1-23-1995) �
� �
i � Sec. 78-663. -Business license required. ;
http://library.municode.com/print.aspx?clientID=13 094&HTMRequest=http%3 a%2f%2fli... 11/4/2010
• �Municode Page 2 of 7 .
� Each marina business within the B-2 lakeshore business district shall obtain an annual marina business �
license per the provisions of this Code.
I
(Code 9984,§10.41(3);Ord.No.132 2nd series,§2,i-23-1995)
� Sec. 78-664. -Site plan review. �
All site plan reviews in the B-2 lakeshore business district shall be reviewed as set forth in article II,
division 4 of this chapter.
(Code 1984,§10.41(4);Ord.No.132 2nd series,§2,1-23-1995;Ord.No.68 3rd series,§5,2-8-2010)
� Sec. 78-665. -Permitted uses. -
Within the B-2 lakeshore business district, no land or structure shall be used except for one or more of
the following uses: .
�q� Rental of in-water boat slips.
�2� Sales of boats, motors,trailers and marine accessories. �
�g� Repair and servicing of boats. i
�4� On-land storage of boats,winter and summer. �
�5� Marine fuel sales. I
�g� Bait and fishing tackle sales. •
(Code 1984,§10.41(5);Ord.No.132 2nd series,§2,1-23-1995)
I .
� -
� Sec. 78-666. -Conditional uses. �
No conditional use permit shall be granted unless the property is found to be in compliance with the �
landscaping and screening requirements of this division.All conditional use permit applications shall be
; reviewed in accordance with the provisions of article V of this chapter.Within any B-2 lakeshore business
1 district,no structure or land shall be used for the following uses without a conditional use permit:
��� Boat clubs(time share).The applicant shall demonstrate that adequate parking is available on the
site.
(2) Public boat launching, on-demand(on-demand launching of customer-owned boats stored on the �
business site)..The applicant shall demonstrate that adequate parking is available on the site.
Approval shall be subject to Lake Minnetonka Conservation District(LMCD) permit for such use, i
but the city shall not be obligated to approve such use if approved by the LMCD when parking is �
inadequate. i
(3) Public boat launching,transient. (Launching of boats via a ramp or other means for or by �
customers when such boats are not stored on the site).The applicant shall demonstrate that �
adequate car-trailer parking is available on the site. Hours of operation shall be at council �
discretion. ;
(4) Charter boat port of call.A charter boat port of call shall be defined as a location where a charter
boat may pick up passengers other than the owner or operator or employees of the charter boat,
whether or not the charter boat is normally berthed on the property.The city may place
appropriate conditions on a charter boat port of call regarding minimum parking requirements,
hours of operation,etc., as may be appropriate to protect public interest.The applicant shall (
demonstrate to the council that all such conditions are met. �
(5) One caretaker dwelling unit,subject to conditions and limitations for such use that may be �
imposed by the city council.
(Code 1984,§10.41(7);Ord.No.132 2nd series,§2,1-23-1995) �
' I
� Sec. 78-667. -Accessory uses.
Within any B-2 lakeshore business district,the following uses shall be permitted accessory uses:
http://library.municode.com/print.aspx?clientID=13 094&HTMRequest=http%3 a%2f%2fli... 11/4/2010
. � •Municode Page 3 of 7
�q� Signs,as regulated in this chapter. j
�2� Boat head pumpout/sanitary boat waste dumping facility. �
�3� Fishing tournaments, subject to all other permit requirements of this Code. (
�4� Sale of prepackaged foods or food from vending machines. Prepackaged food includes only food �
which has been professionally prepared at a location other than on the premises and does not �
include full-course meals or any food preparation other than warming by use of an infrared or �
microwave oven. Sale of food from vending machines is allowed.
(5) Dive shops.
(6) Clubhouse(assembly/lounge/kitchenette area for use by slip rental or boat club customers only).
(7) Lessons/teaching (sailing schools, etc.).
(8) Rental of boats. �
(9) Sailboard sales/rental.
(10) Ice boating sales/rental/service and operations base.
(11) Ice fishing tackle sales.
(12) Cross-country ski sales/rental/service.
(Code 1984,§10.41(6);Ord.No.132 2nd series,§2,1-23-1995)
� Sec. 78-668. -Parking requirements. (
Within the B-2 lakeshore business district,the off-street parking facilities shall be sufficient to eliminate ,
any traffic or parking congestion likely to be caused by the business conducted.The parking areas need not be
paved but shall be provided with appropriate stormwater runoff quality/quantity controls as may be required in
� this division.The minimum parking requirements shall be as follows:
��� Six parking spaces shall be provided for each ten boat slips on water oron land. �
�2� At least eight off-street parking spaces, plus one additional space for each 800 square feet of floor
� area over 1,000 feet, including warehousing, and all outside sales and storage areas related to �
� the sales and service functions. �
(3) If the proposed use is to include the launching of boats owned by the public for the day from
� trailers(i.e., public boat launching,transient),ten additional auto-trailer parking spaces shall be �
provided for each ramp. �
� � (4) If the proposed use is to include a charter boat port of call, one additional parking space for each
j three seats of gross charter capacity shall be provided,or a plan for off-site parking and shuttle j
' service shall be provided to the city subject to council approval. i
(5) The required parking spaces may not be separated by a public roadway from the dock,a storage �
space, mooring space,floor space or ramp they are designed to seNe. �
(6) Required off-street parking space may not be utilized for open storage of goods or for the storage I
of boats;except that during the winter storage season each year,the required off-street parking }
may be used for winter storage of boats, provided that 20 percent of the required parking spaces I
remain as a functional parking area. During the transition seasons(April 15 to May 31 and 1
. September 16 to November 15),adequate parking shall be maintained on the site,sufficient to i
eliminate traffic or parking congestion; but in no case shall parking be reduced to less than 20 �
percent of the required spaces. �
(7) Parking may not be allowed in any required yard or landscaping area. �
(8) Employee parking spaces shall be in addition to the parking spaces required in subsections(1)—
(7)of this section.The number of employee parking spaces shall be designated on an official
parking plan to be kept on file with the city.
(9) Where these minimum parking requirements prove to be inadequate for a given use,additional �
_ parking may be required in order to continue that use. i
(Code 1984,§10.41(8);Ord.No.132 2nd series,§2,1-23-1995) ;
�
� �
i
� Sec. 78-669. -Yards. i
The minimum required yard areas for the B-2 district shall be landscaped and planted with evergreen
and deciduous shrubs and trees in accordance with a detailed landscape plan.Storage of boats,vehicles,
equipment and materials shall not be allowed within any required yard.
�
+ (Code 1984,§10.41(9);Ord.No.132 2nd series,§2,1-23-1995) i
http://library.municode.com/print.aspx?clientID=13094&HTMRequest=http%3 a%2f%2fli... 11/4/2010
� •Municode Page 4 of 7
� Sec. 78-670. -Landscaping areas. �
In addition to the landscaping required in the required yard areas for the B-2 district,the following �
landscaping areas shall be landscaped in accordance with the following provisions:
��� The minimum landscaping areas shall be as follows: 4
a, The lakeshore landscaping area shall be an area that is parallel to the entire lakeshore I
adjacent to the licensed marina operation and equal to ten percent of the average lot
depth, but in no case shall it be less than ten feet nor more than 75 feet. Breaks in the
landscaping area for access to the lake shall not exceed an aggregate width of 30 feet for
each marina operation.
b. Side yard landscaping area shall be an area that is parallel to the side lot line and not
within the lakeshore landscaping area or front yard landscaping area and shall not be less
than ten feet deep.
c. Front yard landscaping area shall be an area that is parallel to the street or opposite the
lakeshore landscaping area and shall not be less than ten feet deep. Breaks in the i
landscaping area for access to the public road shall not exceed an aggregate width of 50 '
feet for each marina operation. �
(2) The detailed landscape plan for each landscaping area shall provide for a natural woods area
containing primarily evergreen and deciduous trees not less than six feet in height. Shrubs not �
less than two feet in height shall be interdispersed among the trees so as to eventually provide,at
maturity,a natural screen that will not be less than 50 percent opaque during the summer months.
No uses shall be allowed in the landscaping area except the required landscaping and access
roads.A privacy fence may be required in addition to the natural landscaping which has been
planted to meet the requirements of this district.The use of any fencing shall not satisfy the
requirements of providing natural landscaping and solid visual screening.Any yard area requiring
landscaping to meet the requirements of this district shall be planted with nursery stock, balled �
and bagged trees and shrubs.All landscaping shall be maintained in a healthy growing condition.
(3) All the required improvements in the landscaping will be completed prior to the date of issuance of
an occupancy certificate or as otherwise provided by this division,whichever date occurs first.
(4) All landscape areas shall be sufficiently delineated by berming,curbing or other acceptable
( physical barrier so as to eliminate the encroachment of vehicle parking,winter and summer boat
storage,and other materials or equipment storage into the required landscape areas.
(5) All ground cover in the required landscaping areas shall be natural living materials,such as grass '
� or other planted ground cover. Decorative rock beds and the like,whether or not lined with plastic,
fabric or other weed inhibitors, shall constitute no more than ten percent of the required landscape
areas.
(Code 1984,§10.41(10);Ord.No.132 2nd series,§2,1-23-1995) i
� Sec. 78-671. -Additional performance standards.
� Within the B-2 lakeshore business district,any land use must meet the following pertormance standards: �
(q� Suitable sanitary facilities connected to public sanitary sewer shall be provided 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, including head pumpout facilities and a
designated porta-potty dump station.
(2) Insofar as practicable,all means of access to the operation from any street shall be so located
and designed as to avoid the routing of vehicles from the property over streets that primarily serve i
abutting residential areas.All 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.All access roads from the operation to any unpaved public roadway shall be
treated to minimize dust conditions at least to the extent the unpaved public roadway is dust
controlled. �
(3) All lighting on the premises shall be shielded so that no direct glare can be seen from adjoining
residences,from the lake or from the roadway. . E
(4) The hours for running engines or operating any boat engine for the purpose of charging batteries, �
running auxiliary equipment or testing shall be befinreen the hours of 8:00 a.m.and 6:00 p.m.
Noise shall be limited per the provisions of this chapter. ,
(5) The maximum hours of operation for retail sales and service functions shall be 7:00 a.m.to 10:00 �
p.m., except as necessary to support normal(nontournament)fishing activity or private �
I (noncharter)use of the boats stored on the premises, unless other permission is specifically �
granted by the council. '
http://libraxy.municode.com/print.aspx?clientID=13094&HTMRequest=http%3 a%2f%2fli... 11/4/2010
� � -Municode Page 5 of 7
�g� Persons in charge shall at all times keep the docks, sea walls and premises in a neat and orderly
manner and free from trash, rubbish, repair parts, machinery, equipment and debris of all kinds.
(7) Persons in charge shall prohibit the dumping or throwing of garbage, paper, bottles, cans, refuse
or debris into waterway. Persons in charge of mooring areas shall provide garbage cans of
sufficient size to hold garbage or refuse to be collected. Dumpsters shall be screened so as to not
be visible off-site.
(8) No commercial docks or boat buoys shall extend further into the waters of any lake than is
reasonably necessary to accommodate the docking and mooring of such craft as shall
customarily and lawfully be used on the lake or so as to interfere with,obstruct,tend to obstruct,
or render dangerous for use or passage a body of water within the primary harbor limits of the
city.The length of docks and the location of buoys shall be regulated by this Code.All such
commercial docks and wharves shall be constructed and maintained of such materials and of
such type of construction as will not render them unsafe or likely to endanger public enjoyment of
the waters.The use of nonencased expanded-bead polystyrene foam as a dock flotation material
has been prohibited in section 90-1. Commercial docks shall be maintained in a neat and orderly
manner at all times.
(9) If on-land boat storage facilities are provided,the boats shall be stored in such manner that they
do not create a fire hazard.Any outside structures for the purpose of storage of boats may not
exceed 15 feet in height.On-land boat storage areas may not be located in the required yards or
landscaping areas.The premises shall at all times be maintained in a neat and orderly manner.
(10) Any gasoline offered for sale or stored on the premises shall be placed in tanks or containers as
may be required by the council, and as required in chapter 46,article II. Such tanks or containers
shall be stored in such a manner and location so as not to create a danger to the communiry.
(11) On-land boat density shall be as follows:
� a. Summer boat density.The number of boats stored on the premises for any and all reasons �
shall not exceed that number which can be safely stored in allowable locations while '
maintaining appropriate ingress, egress and emergency access to the site,as well as
maintaining the required number of acceptable parking spaces. Boats shall not be stored in
required auto parking spaces during the summer months(June 1 through September 15).
b. �nfer boat density/storage.The number of boats stored on the premises for any and all
reasons during the winter season (November 16 through April 14)shall not exceed that
number which can be safely stored in allowable locations while maintaining ingress, egress
and emergency access to the site,as well as maintaining the required number of winter
parking spaces.
c. A site plan designating the location of summer and winter boat storage shall be submitted �
�� for council approval no later than three months after January 23, 1995, and shall require (
council approval for any future revisions. �
(Code 1984,§10.41(11);Ord.No.132 2nd series,§2,1-23-1995) �
� Sec. 78-672. -Area, height, lot width and yard requirements.
�a� Height. No structure or building in any B-1 district shall exceed 2'/2 stories and shall not exceed 30 feet in
height. !
(b) Minimum requirements.The following minimum requirements shall be observed: �
(1) Lot area,two acres. �
(2) Lot width parallel to lake,200 feet. (
(3) Lot width perpendicular to lakeshore,200 feet.
(4) Lakeshore yard, 75 feet.
(5) Side yard,ten feet.
(6) Front yard along street, 30 feet.
(Code 1984,§10.41(12);Ord.No.132 2nd series,§2,1-23-1995;Ord.No.18 3rd series,§3,9-27-2004) E
�
� Sec. 78-673. -Setback, hard cover and tree removal regulations.
�
All property in the B-2 lakeshore business district is subject to the requirements of article IX of this i
chapter. In addition,the following standards shall apply: `
��� Lakeshor�setback regulations.The building setback from the shoreline shall be 75 feet. �
�2)
http://library.municode.com/print.aspx?clientID=13094&HTMRequest=http%3a%2f%2fli... 11/4/2010
° ' �Municode Page 6 of 7
Setback to residentiaL No operation or activities except for storage and parking may be {
conducted closer than 50 feet to the boundary of an adjoining property line which property is used �
for residential purposes.
(3) Setback along streets. No operation or activities except for storage and parking may be
conducted closer than 50 feet to the right-of-way of any existing street, road or highway. .
(4) Lakeshore hard cover regulations.Within 75 feet of the shoreline there shall be no excavating,
filling,hard cover,temporary or permanent structures.Within 75 to 250 feet of the shoreline,there �
shall be no greater than 25 percent hard cover.Within 250 to 500 feet of the shoreline,there shall i
be no greater than 30 percent hard cover.Within 500 to 1,000 feet of the shoreline,there shall be �
no greater than 35 percent hard cover. i
(5) Tree removal regulations. No trees within 75 feet of the shoreline with a diameter of six inches or
more shall be removed without first obtaining a permit from the council.Tree removal and other �
vegetation management shall be in accordance with the ordinance.
(Code?984,§10.41(93);Ord.No.132 2nd series,§2,1-23-1995)
� Sec. 78-674. -Drainage. �
i
No land shall be developed and no use shall be permitted that results in water runoff causing floods,
erosion or deposits on adjacent properties.Site and drainage plans shall be submitted by the applicant any
time a new use is applied for,whether through subdivision,variance,conditional use permit or building permit.
Such plans shall be provided in such detail as required by the council, and those plans shall be reviewed by the
city engineer before submission to the planning commission and the council for approval.Such stormwater
runoff may be required to be properly channeled into a natural watercourse, ponding area,storm drain or other (
public facilities.Construction of facilities to manage the quantity and quality of stormwater runoff may be
required.Any change in grade affecting water runoff,whether onto adjacent property or otherwise, must be in
compliance with the surface water management plan and articles VIII and IX of this chapter, and shall be
consistent with other applicable regulations or provisions of this Code,and is further subject to the approval of
other agencies having jurisdiction over the area affected by the drainage. �
i
(Code 1984,§10.41(14);Ord.No.132 2nd series,§2,1-23-1995) j
� Sec. 78-675. -Nonconforming use. ,
,
Notwithstanding any other provision of this division, any nonconforming use of land not involving a
structure and any nonconforming use involving a structure with an assessor's fair market value on January 1,
1975,of$3,000.00 shall be allowed to continue as a nonconforming use subject to the provisions as set forth in
article II,division 2,of this chapter.
(Code 1984,§10.41(15);Ord.No.132 2nd series,§2,9-23-1995) �
� Sec. 78-676. -Variances.
�a� Variances may be granted to the provisions of this division in accordance with the provisions set forth in ,
article II,division 3, subdivision II,of this chapter. �
(b) The council may grant a variance allowing a four-year installation and planting period to meet the �
requirements of the landscaping and planting provisions of this division to any applicant who:
(1) Submits a detailed landscape plan showing su�cient planting and landscaping in each of the four
years in order to provide at the end of the four years a natural screen that will not be less than 50 �
percent opaque during the summer months and not less than 25 percent opaque in winter.
(2) Submits a four-year planting and landscaping plan which shall provide that in each year of the
plan at least 25 percent of the necessary landscaping and planting(as determined by the council
as of May 1, 1995)be planned and completed for each required landscaping area according to
the other provisions of this division.The council may vary this requirement in order to allow a
higher percentage of the landscaping and planting in any required landscaping area and credit the
applicant for the landscaping and planting which otherwise would be required in other landscaping
areas.
(Code 1984,§10.41(96);Ord.No.132 2nd series,§2(10.41(16), 10.41(17)),1-23-9995) �
http://library.municode.com/print.aspx?clientID=13 094&HTMRequest=http%3 a%2�/o2fli... 11/4/2010
� � • -�Municode Page 7 of 7
� Sec. 78-677. -Regulation of structures within the lake; adoption by reference. i
The city adopts by reference and makes a part of this chapter as if fully set forth in this division,chapter �
II of the Lake Minnetonka Conservation District Code as codified on May 27, 1988, including sections 2.001 �
through 2.12 and subsequent amendments.The city expressly reserves the right to deny any variance to the
provisions of chapter II as amended,even though the same variance was granted by the Lake Minnetonka +
Conservation District. �
(Ord.No.132 2nd series,§2(10.41(18)),1-23-9995) �
. . . �
_ �.. . , i
(
� Sec. 78-678. -Reference to other ordinances. �
This division is expressly conditioned upon the effectiveness of the ordinances of the Lake Minnetonka
Conservation District pertaining to marina[egulations;and if all or a portion of such ordinances are declared
invalid by a court of competent jurisdiction, no marina shall have a longer dock, more boat slips or more boat
buoys than what was permitted by the terms of that ordinance on the date it was declared invalid,or than was
last approved by the Lake Minnetonka Conservation District,whichever is less.The city expressly reserves the �
power to be more restrictive in its regulation than the Lake Minnetonka Conservation District Ordinances if the
public health, safety and welfare of the citizens of the city so requires.
(Ord.No.132 2nd series,§2(10.41(19)J,1-23-1995) 1
� Secs. 78-679-78-700. - Reserved.
�
� � �
http://library.municode.com/print.aspx?clientID=13094&HTMRequest=http%3 a%2f%2fli... 11/4/2010
, � yMunicode r Page 1 of 2
. �
Orono, Minnesota, Code of Ordinances»Title VI -LAND USE» Chapter 94-WATERWAYS » �
ARTICLE III.-MARINAS » DIVISION 2. -LICENSE»
DIVISION 2.-LICENSE
Cross reference—Business licenses,§26-31 et seq.
Sec.94-96.-Reauired.
Sec.94-97.-Aoolication.
Sec.94-98.-Hearinq.
Sec.94-99.-Insurance reauired. �
Sec.94-100.-Business use licenses limited to B-2 zone.
Sec.94-101.-Revocation.
Secs.94-102-94-135.-Reserved. �
� Sec. 94-96. - Required. {
!
It is unlawful for any persons to engage or participate in a business use without first having obtained an �
annual license from the city. �
(Ord.No.117 2nd series,§2(5.43(2)),6-28-1993)
. . . , �
�
� Sec. 94-97. -Application.
Any person or group of persons making license application for a business use shall do so on forms �
provided by the city and shall provide such information as may be deemed necessary by the council in order to
� act on such application.The fee for license application shall be set by resolution. i
(Ord.No.117 2nd series,§2(5.43(3)),6-28-1993)
� Sec. 94-98. -Hearing. �
Upon filing of any application for a business use license,the council may call a hearing upon such notice
as it may deem appropriate. No such hearing shall be mandatory but wholly within the discretion of the council, �
except that a hearing shall be held at the request of the applicant in cases of license revocation or denial.
(Ord.No.117 2nd series,§2(5.43(4)),6-28-1993) �
� Sec. 94-99. - Insurance required. i
Each business shall provide certification of liability insurance coverage for the duration of the license �
period. �
(Ord.No.117 2nd series,§2(5.43(5)(A)J,6-28-1993) �
, f
�
i
� Sec. 94-100. -Business use licenses limited to B-2 zone. �
No business use shall be licensed in any zoning district other than B-2;except that when a business use �
is allowed by ordinance in another zoning district, such use conducted in that district shall not be required to �
obtain a license. ,
http://library.municode.com/print.aspx?clientID=13 094&HTMRequest=http%3 a%2f%2fli.... 11/4/2010
� . nMunicode Page 2 of 2
(Ord.No.117 2nd series,§2(5.43(6)),6-28-1993J
� Sec. 94-101. -Revocation.
Failure to adhere to this article shali be cause for license suspension or revocation.
(Ord.No.117 2nd series,§2(5.43(7)),6-28-1993)
� Secs. 94-102-94-135. -Reserved.
http://library.municode.com/print.aspx?clientID=13094&HTMRequest=http%3a%2f%2fli... 11/4/2010
• �� ' Municode Page 1 of 2
—�
Orono, Minnesota, Code of Ordinances» Title VI - LAND USE » Chapter 94-WATERWAYS » �
ARTICLE III.-MARINAS » DIVISION 1.-GENERALLY»
I
_._._._._...____.. - �...___ ____..__......_..__.,.�..__.,_...._..____......____._._.__...__.__.___..__._._.__._._ !
I
DIVISION 1.-GENERALLY �
�
Sec.94-71.-Definitions. I
Sec.94-72.-Zoninp standards.
SeC.94-73.-Desiqnation of orimarv operator. �
Sec.94-74.-Ooeration standards.
Secs.94-75-94-95.-Reserved. �
� Sec. 94-71. - Definitions. �
The following words,terms and phrases,when used in this article,shall have the meanings ascribed to j
them in this section,except where the context clearly indicates a different meaning:
Boat slip, water, boat slip, land, boat slip,permanent, and boat slip, transient,shall have the meanings
given them in section 94-36.
Business of docking, mooring or storing boats means renting or otherwise providing space, including �
boat buoys,for docking, mooring or storing one or more boats belonging to persons other than the owner or
occupant of the property,except when licensed as a joint use.
Business use means engaging in either a marina business or the business of docking, mooring or
storing boats.
Marina business means engaging in one or more of the permitted, accessory or conditional uses allowed
within the B-2 zoning district. �
(Ord.No.117 2nd series,§2(5.43(1)),6-28-1993) !
I
Cross reference—Definitions generally,§1-2.
� Sec. 94-72. -Zoning standards.
I
Businesses required to be licensed under this article shall be subject to the requirements and j
pe�Formance standards of the B-2 zoning district. "
_ . . �
(Ord.No.117 2nd series,§2(5.43(5)),6-28-1993) f
- I
I
Cross reference—Zoning,ch.78. . �
� Sec. 94-73. - Designation of primary operator. �
The primary business operator on the property shall be the licenseholder and shall be responsible for �
notifying the city of any and all businesses subleased on the premises. Such secondary businesses shall not be +
! separately licensed but shall be allowed only when in conformance with the provisions of the B-2 zoning district i
standards. �
(Ord.No.117 2nd series,§2(5.43(5)(B)),6-28-1993)
._ - �
1
� Sec. 94-74. -Operation standards.
Each business licensee shall adhere to the following minimum operation standards: ,
http://library.municode.com/print.aspx?clientID=13094&HTMRequest=http%3a%2f%2fli... 11/4/2010
° ' `� Municode Page 2 of 2
��� Parking facilities on the site shall be managed so as to eliminate traffic or parking congestion, I
eliminate illegal on-street parking, and avoid pedestrian traffic through neighboring property. I
(2) Boat engine testing and charging shall be limited to the hours 8:00 a.m.to 6:00 p.m. �
(3) Retail sales and service shall be limited to the hours 7:00 a.m.to 10:00 p.m.except as necessary
to accommodate normal fishing activity or private use of premises-stored boats.
(4) The site shall be kept neat and orderly,and free of garbage.
(5) On-land storage of boats shall be managed so as to eliminate any view obstructions for traffic
entering and leaving the site.
(6) Parking and on-land storage of boats,trailers,materials and equipment shall be limited to those
• locations shown on an approved site operation plan,which plan shall be submitted or updated as
part of the annual license application.Such site operation plan shall also indicate seasonally
variable uses.
(7) Lights shall be shielded from the road,the lake and adjacent properties. (
(Ord.No.177 2nd series,§2(5.43(5)(C)),6-28-1993) �
1
� Secs. 94-75-94-95. - Reserved. (
http://library.municode.com/print.aspx?clientID=13094&HTMRequest=http%3 a%2f%2fli... 11/4/2010
. G-�
�
,,:.
�--
City of Orono
DRAFT AMENDMENT OF B-2 DISTRICT STANDARDS REGARDING BOAT CL UBS
Section 78-668. Parking Requirements.
Within the B-2lakeshore business district,the off-street parking facilities sha11 be su�cient
to eliminate any ix�c or pazking congestion likely to be caused by the business conducted.
The parking areas need not be paved but shall be provided with appropriate stormwater
runoff quality/quantity controls as may be required in this division. The minimum parking
requirements shall be as follows:
(1) Six parking spaces shall be provided for each ten boat slips on water or on land.
(2) At least eight off-street parking spaces,plus one additional space for each 800 square
feet of floor area over 1,000 feet, including warehousing, and all outside sales and
storage areas related to the sales and service functions.
(3) If the proposed use is to include the launching of boats owned by the public for the day
from trailers (i.e.,public boat launching,transient),ten additional auto-trailer parking
spaces shall be provided for each ramp.
. (4) If the proposed use is to include a charter boat port of call, one additional parking space
for each three seats of gross charter capacity shall be provided, or a plan for off-site
parking and shuttle service shall be provided to the city subject to council approval.
� If the proposed use is to include a boat club, one parkin s� tall per each five (5 seats of
�ross boat club passen eg r capacity shall be provided, or a plan for off-site parking and
shuttle service shall be provided to the citv subject to council approval.
(�� The required parking spaces may not be separated by a public roadway from the dock, a
storage space, mooring space, floor space or ramp they are designed to serve.
(6� Required off-street parking space may not be utilized for open storage of goods or for
the storage of boats; except that during the winter storage season each year, the required
off-street paxking may be used for winter storage of boats,provided that 20 percent of
the required parking spaces remain as a functional parking area. During the transition
seasons (April 15 to May 31 and September 16 to November 15), adequate parking
shall be maintained on the site, sufficient to eliminate traffic or parking congestion;but
in no case shall parking be reduced to less than 20 percent of the required spaces. �
(�8) Parking may not be allowed in any required yard or landscaping area.
(�� Employee parking spaces shall be in addition to the parking spaces required in
subsections (1}—(�8) of this section. The number of employee paxking spaces sha11 be
designated on an off cial parking plan to be kept on file with the city.
(3�Where these minimum parking requirements prove to be inadequate for a given use,
additional parking may be required in order to continue that use.
� h �
! yyII
S'a ,�S•a . , q '
�
� • -�
. ' �.O� . � . .
. O O'
�. - CITY of ORONO �
Q� . .
� � � �
� G'� RESOLUTION OF THE CITY COUNCIL
��kESH�4�' N0. e� e� � � .
A RESOLUTION GRANTING
A CO�TDTTTONAL USE PERMIT .
PER ?�'IUNICIFAL ZO1��1G CODE
SECTION 10.41, SUBDIVISION 7 (A)
FILE NO. 2005 �
V�'IiEREAS, Gar;� DeSantis of Sailors World Marina and Yacht Club, Inc., a
Minnesota corporation (hereinafrer the "applicant") has .an interest in the properry located at
1955 Shoreline Drive within the City of Orono (hereinafter the "City") and Iegally described as
follows:
Exhibit A, attached (hereinafter the "property"); and
WHEREAS, the applicant has applied to the Ciry for a conditional use permit
to permit a boat club use �at 100 members per Municipal Zonin; Code Section 10.41,
Subdivision 7 (A). -
NOVV, T�REFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota: .
�FINDINGS
1. This application �;�as reviewed as Zoning File #2005. �
2. The property is located in the B-2 Lakeshore Business District. The property
consists of 31,217 s.f.
3. On June 19, 199� the Orono Plannina Commission reviewed the appiication as
proposed and recommended approval based on the followin? fmdinas:
a. There are 41 parkinQ stalls on site. In the past year, applicant has had to
pro��ide 8 stalls for a boat sales use. The only retail operation at the
facilit}� is a ship's store.that serves slip rental customers and boat club
members.
Pa�e 1 of 4
' ' �.,. �
� O ' V . .
O O
� �. - � CITY of ORONO�
� � �
ti
�� G'�' � RESOLUTION OF THE C(TY COUNCIL .
��kESH04� • � NO. e`� e5 S �
b. Applicant's analysis and comparison of parkin� needs for annual slip
rental or baat club uses suQaests the element of flexibiliry makes it far
easier to handle the limited parkin� facilities with a boat club operation.
" c. For the past three years, applicant has made arranaements for additional
off-site parl:.ina on weekends to serve the needs of the marina.
d. The City has r.eceived no complaints from adjacent residents concernin�
� parkin� problems within the immediate nei�hborhood.
• e. Applicant has operated a �0-55 member boat club for tne past three years
without any report af pazking problems.
� 4. The City Council finds that grantina a conditional use permit to allow a boat club
use at the marina wiTl not be detrimental to the health, safety or aeneral welfare
of the public, would not adversely affect liaht, air nor pose a fue hazard or'other
danger to neighborin� properties, nor will its use depreciate surroundin�property
values and that the proposed level of use of the property will be in keeping with
the intent and objectives of the Zonin� Code and Comprehensive Plan of the
City. .
5. The City Council has considered this application including the findings and
recommendations of the Planning Commission, reports by City staff, comments
by the applicant and the effect of the proposed variance on the health, safety and
welfare of the community.
CONCLUSIONS, ORDER AI\TD CONDITIOI�S
Based upon one or more of the above findin`s, the Orono City Council hereby
Qrants a conditional use permit per Municipal ZoninQ Code Section 10.41, Subdivision 7 (A) to
permit a boat club use with a ma�imum of 100 members at Sailors World Marina and Yacht
Club, Inc., subject to the followina conditions:
1. Upon application for the annual commercial marina Iicense, applicant�shall .
provide written confirmation that marina has 25 off-site parking stalls. The Ciry
further reserves the riaht to reconsider this parlcin� arran;ement if the City staff
finds or receives reports from residents of par.kin� inadequacies at the marina or
PaRe 2 of 4
�
��� t>i
. O�? �
� ' V
� O O
���D.�- CITY of ORONO
� �
ti .
�� G'� RESOLUTION OF THE CITY COUNCIL •
��kESH�4�' � NO. � � �3 � .. `
at an approved facility within the City of Orono that provides .the 25 off site
' parking stalls for the exclusive use of the marina on weekends from May through
� September. .
2. Violation of or non-compliance with any of the terms and conditions of this
resolution shall constitute a violation of the Zonin� Code, -shall automatically
, terminate any authority granted herein, and shall be punishable as a misdemeanor.
� 3. � The undersi�ned applicant has read, understood and hereby agrees to the terms
of this resolution 'and on behalf of himself, his heirs, successors and �assigns,
hereby agrees to the recording of this resolution in the Chain of Title of the
properry.
Adopted by the Orono City Council on this lOth day of July, 199�: ��
A TEST: � � � �
� � �
. �
Do �hy M. in,�- ity,Clerk Edward J. Callah , Jr., Mayor
; .
�
,
ope y wn:er s)
STATE OF MINNESOTA )
� ) ss.
COUNTY OF HENNEPIN ) �
The foreaoin� instrument was ac�nowledRed before me on this lOth day ef July,
199� by Edward J. Callahan, Jr. and Dorath}� �2. Hallin, Mayor and City Clerk of the City of
Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the
Ciry. . �
. � p
. . ���.t'�r, �` G��
_�^; LINDA S.VEE -�
��c,�� NOTARY PUBLIC-��AINNESOTA • NOt3�� Public
e1:`�``�' HENNEPIN CDUNTY
' �'�'� h�y Commission Expires Jan.31,2000
Pa�e 3 of 4 �
�� ..
� O ' V
O O
.�,
- , .: : �C ITY o� OROl�TO
� � .
�� � G'�'� ' , � RESOLUTION OF THE CfTY COUNCIL �
L�kESH�g'� N0. � � � � .
STATE OF MINNESOTA } .
) ss. .
COUNTY OF HENNEPIN )
�.. . .
On this f��� day of Gc ( ,�_, 199 so before me a Notary
Public within and for said county,personally a peared ' �S �s -P .' eh
known to me to�be the pers n(s) described in and who executed
the foregoing instrument, and acl:nowled�ed that he (they) executed the same as his .(their) free
act and deed. �
a�:-.��. LINDA S.VEE " � '
°y'' '` �• NOTARY PUBLIC-W1INNESOTA
'_=�: HENNEPIN COUNTY G�� ��
�,.•••• Nfy Commission Expires Jan.31,2000 . NOTARY PUBLIC �
STATE OF MINNESOTA )
) ss. � .
.COUNTY OF HENNEPIN ) .
On this day of , 199_ before me a Notary
Public within and for said counry,personally appeared
known to me to be the person(s) described in and who executed
the foreaoin� instrument, and acknowledaed that he (they) executed the same as his (their) free
act and deed.
NOTARY PUBLIC
Paae 4 of 4
.. t .
.- i-
. ' � �
• �`_` O '
7 �
O O
-� ��. - C ITY of 4RON0 . .:.
. � � � �
� G'ti RESOLUTION OF THE CITY COUNCI L
��kESH�4�' � NO. `e� � � 2
� ..:'�-- =
� �f y:,e t�o_�� 1__.� o= ^C_�n ;',-V�oad No u� �
' � O j' ,�r„-...�C.l Q� � � J � ^�.��'.. v� CJ��.�.L1Li ` v_'V � .
/-� ^ ? 1� � �O��'�� .�
C�Jll1jl���li.,�.:1..�1 4 L �. �.• .. yyC ?_ - _ _C� V ' VC__ l.� _
L.. • �,' r• '� �
..,��YC... � `' 'w__•'1 _ V l _ �1"�,g� .:..ZS.. --' .��.J O'', - ?°_ _
i:.o��c yi�r��c?$�:°_ _.-r =:: C �_o.? ^ J�I roy=Q?S �J ut_:t`:=°5 �c5_ �o_�_..�-;_i
`_: _T1C_ L:.nr�: ..C:,�... - _ , Q _ oc =. -� --j°- ' .� : `R ^
�Ciii�. O: �cC'!i i:_a:C ..':- �ii�ilU�°5 �ZS �. _-� ' �.• o=]C? �IOi y _
. _ o y..-:o C 7 0 0. _onn o�` �csi.°r i � �.:1 ��
o *' r.il .3 i �-' - - n�lun :: �_ __��� � 7 �oCrooS
�:°*1C i�0= , ' "C_?:;C :�J ' ^�N?S .. - - 1 . �:µ
?;n_ �= . o� �z�zc= 5ou�. ����., F.1�:
-t� � =_ -o==ons ,+
C.�rroo�c G � i�l_'_'ltl`Dr� 'ryo5 �.. ` � oJinni:'G _I1C!L1C1i1G ZC.._ - = __or ���.:.° .
a - y _ � _ _oa� O �D-_ - ' �i.�oro ;72:
�1 - � �SCL= r
i �1 - n :.T o D� C O�!P.�-v / `�'� n
'1=:7U�°5 w°-5�. - '_ :;
�� Lar� M�KN�
Tor;:.� , �n=
n �n,�'�
J_�rJcr�,V• 1 i
G
#11-3500 B-2 District Boat Club Standards Amendment
Property Owners/Stakeholders Notification List
------------------------------------
08-117-23 41 0012(3324 North Shore Drive)
08-117-23 41 0021 (3324 North Shore Drive)
08-117-23 44 0005 (3300 North Shore Drive)
Maxwell Bay Properties LLC
3324 North Shore Drive
Wayzata,MN 55391
Wayzata Marine,Inc.
David Briggs,Manager
3324 North Shore Drive
Wayzata,MN 55391
------------------------------------
08-117-23 41 0004(3224 North Shore Drive)
08-117-23 41 0005 (3240 North Shore Drive)
08-117-23 41 0006 (3250 North Shore Drive)
RLA Family,LP
Attn.Richard A.Anderson
3222 North Shore Drive
Wayzata,MN 55391 �
Ricfiard Anderson
North Shore Marina-MaaLwell Bay
3222 North Shore Drive
Wayzata,MN 55391 ,�
------------------------------------
10-117-23 42 0024(1955 Shoreline Drive)
Gary DeSantis(Estate)
Sailors World Inc.
1955 Shoreline Drive
Wayzata,MN 55391
Sailors World Marina,Inc.
P.O.Box 176
Crystal Bay,MN 55323
MichaelHilbelink(�u,edinarealtv.com
--------------------------------------
-----------------------------------------
11-117-23 21 0001 (1449 Shoreline Drive)
RLA Family LP
3205 Crystal Bay Road
Wayzata,MN 55391
Richazd Anderson �
North Shore Marina-Browns Bay
1449 Shoreline Drive
Wayzata,MN 55391
----------------------------------------
11-117-23 22 0004(1440 Shoreline Drive)(TBLLC)
11-117-23 22 0005 (1442 Shoreline Drive)(TBLLC)
11-117-23 22 0006 (1444 Shoreline Drive)(BBLLC)
11-117-23 22 0007 (1444 Shoreline Drive)(BBLLC) ,
11-117-23 22 0010 (NA)(BBLLC)
Tanager Bay LLC
294 Grove Lane E.#100
Wayzata,MN 55391
Browns Bay LLC
294 Grove Lane E. #100
Wayzata,MN 55391
MarineMax
1444 Shoreline Drive
Wayzata,MN 55391
Luke Kujawa �
Your Boat Club
10 South Fifth Street#110
Minneapolis, MN 55402 �
-----------------------------------------------
Gabriel Jabbour �
Tonka Bay Marina,Inc.
220 Tonka Bay Road
Tonka Bay,MN 55331
' i
. PC Exhibit D-f�
���
. February 22, 2011 F� �/���
�a 2
Honorable Lilly McMillan. cj �20,�
Mayor ��F�R
City of Orono, MN . �Np
Dear Ms. McMillan and Council Members:
I am writing with regazd to the Boat Club Parking Use Draft Amendment to be discussed
on February 22, 2011. The attached Draft Amendment, Subparagraph 5 is the pazagraph
at issue.
As you know, I have lived across the street from Sailor's World Marina for the past 261/z
years.� I check my dock lines almost every night of the summer. I have witaessed the
marina go from a complete eye-sore, unkept and littered with trash and.potential pollution
to the modern well-kept and extremely well run marina that it is today. The "secret" of �
� that transformation was the combination of good public policy and extremely hard work
and stewardship of the Disantis/Seylor family.
For its part, the City has been insightful in allowing the mari.na to configure its dock
� together with the neighbors providi.ng some setback and other waivers. This in turn
. allowed the marina the cash flow to invest in improvements which enhanced the mari.na
� to go from a blighted property to an attractive one. Throughout the many yeazs since
. then, the Disantis and now Seylor families have mai.ntained the property and done a good
job at controlling parking. �
Being directly across the street from the Wayzata. side of the marina, I see the south side
of the buildi.ng and the north side of the lot every single day. Only occasionally, usually
on either the 4�' of July or a da.y or two in Spring when people are preparing their boats
for launching have there ever been any problem with pazking in that area. In each and
every case, when requested, the people who pull their cars in on my land were asked to
remove them by the Sailor's World crew and they did so promptly. In my mind, there is
no parking problem real or potential that demands the City of Orono's changing the
parking requirements in turn lessening the ability of the business to mai.ntain its good
appearance and staffing.
To the contrary, I believe there are fundamental flaws with the proposed change
represented by Subpazagraph 5 of the Draft Amendment. I think it is well-recognized
that on even the most beautiful day of the summer—with the possible exception of the 4�'
of Ju1y — only about 30%-35% of boat owners actually go out on their boats. �
Furthermore, the boat club is to my knowledge usually people with families that come in
one car and leave in one car. Not to say that�ere are not people who bring their friends,
but typically that only involved one other car. By contrast, if you apply the draft
amendment to a Sunesta. or a sundeck boat, there may be room for 8 to 10 people, but the
reality is there are usually only 2 to 4 people actually using the boat. In short, the draft
amendment would require more parki.ng space than reality has dictated over the many
years that tlus boat club has been in existence. Furthermore, when the time-share boat
club members leave to make way for the next boat club members — i.e. the car that the
prior shift came in leaves. Furthermore, peak use of the boat club on weekends, would
have almost no application to the 5/7ths of the week when people are at work and only
come out late in the afternoon That pattern allows for only one use per boat in the
evening hours. Agai.n to require further pazking place allotment for a problem that does
not exist seems to me to be unrelated to any legitimate legislative purpose that actually
exists.
It is also true that if more parking spaces are required, the landscaping that has been done
will be further undone to turn the bufferi.ng areas, which the city initially required at the
time the mari.na building was built, to be terminated in favor of parking.
I think that is not a friendly change to the neighborhood.
The real change in parking in and around the area that surrounds Sailor's World(i.e. Hwy
51 to the south end of my property and west northwest to Brown Road going up to Spates
Ave) has nothing to do with the mari.na. The great influx of parking over the last two
years has been the result of the high use of the converted Dakota. Rail Trail as a
bicycle/walking/rollerskiing/rollerblading/rnnn;ng trail. It is not uncommon by late
Saturday or Sunda.y morni.ng in the summer to the mid fall to have cars lined up all along
Brown Road and sometimes on Spates or the old railroad frontage road. That is the real
source of potential tra�ffic or parking congestion as it has the effect of obstructing vision
at the corners of Spates and Brown and narrowing the lanes of Brown Road where both '
adults and children are riding bikes. There are two bicycle and 30 mph car interchanges
in that area. The municipalities/county have seen fit to make bicycles yield to car traff"ic
at those interchanges even though that is not the way the traffic on the Dakota Rail Trail
actually rides it. Neither is it in keeping with the modern trend of havi.ng automobiles
yield to bike or pedestrian traffic. In my opi.nion, that creates a real danger that should be
addressed and the council could better spend its time resolvi.ng that than addressing a
non-existent issue of marina parl�ng.
Respec y ubmitted, �
Ai ettles �
26- ear Resident and Former Council Member
1940 Shoreline Drive
°` +� ` PC Exhibit D-�
R���e���
- � ��a 2220��
2/20/2001 C��VOF�RoNO
To whom it may concern, -
We have been asked by Sailors World to comment on parking in and around the
rraarina located on Smith's Bay in Orono. , �
My wife Mary and I, and our family, have been residents at 1980 Spates Ave.,
Wayzata, Mn 55391 for 31+ years. This is one of two properties located directly
aeross Shoreline Drive from the marina, 1980 Spates Ave., and 1960 Shoreline Dr.
We own both propert'ies. There have been No Parking signs on Spates Ave. since
the day I moved into the house many years ago. I have always suspected that this
is I'eftover from �he Paul's Landing days when they had fishing contests and small
boat rentals. My family and I have been the only violators of these no parking
signs, when I have a party and run out of room in my driveway. This is a rare
event. I have never experienced any problems with marina people violating
these no parking signs on Spates Ave.
In all the years that we have lived here, we have never experienced any problems
with overflow parking from the marina. I spend a lot of time in and around the
marina as I keep my boat in a marina slip, I love the lake in the summer, and have
known the owners since we were young kids. I have rarely seen the parking lot
even close to full, and that is on a rare holiday that also has delightful weather.
When the forecast is predicting high use at the marina, the parking lot has always
been managed by the Sailor's World employees to gain maximum use of space.
Again this is a rare occasion when the lot is close to full.
I have known the owners of this marina since the day it was purchased, as we
worked there as kids when it was Paul's Landing many years ago. I have never at
any time had any problem with how this marina has been run, related to parking
and cars. I have even volunteered my driveway to the employees, when
necessary, to free up any additional spaces that might be needed. I don't
remember this o�er being used on more than one or two occasions in the years I
have lived here.
�
U �q �
their best to run a good solid business. As a business property owner in the
community of Orono myself, I understand some of the challenges in recent times
to make ends meet and pay the bills. I would hope that the City of Orono does
not put any undue stress on this operation and cause it to lose opportunity to
grow their business and operate the marina in a profitable and reasonable
manner.
We are available for discussion on this item. Unfortunately we will not be able to
attend the meeting as I have business out of town, and my wife has another -
commitment on 2/22/2011.
Sincerely,
Dan and Mary Crear
1980 Spates Ave.
Wayzata, It/ln 5�5391
. �t5
' V n� ����
l �� �.��� �i
���J ���� ���
. �`� -� 3
_ �� _
:
-. .
<
Date Application Received: 2-25-11
Date Application Considered as Complete: 2-25-11
60-Day Review Period Expires: 4-26-11
To: Chair Kang and Planning Commissioners
Jessica Loftus, City Administrator
From: Mike Gaffron,Asst. City Administrator- Long Term Strategy
Date: March 17, 2011
Subject: #11- 3501 Your Boat Club LLC/Brown's Bay LLC, 1444 Shoreline Drive -
Conditional Use Permit for Boat Club Use
Zoning District: B-2 Lakeshore Business District
Summary: "Boat clubs" are a conditional use in the B-2 District. Applicant Luke Kujawa,
owner of Your Boat Club LLC on behalf of himself and the property owner Brown's Bay
LLC requests a Conditional Use Permit to allow the operation of a boat club from the marina
property located at 1444 Shoreline Drive.
Brown's Bay LLC currently operates a slip rental operation at the site; Marine Max as a
tenant of Brown's Bay LLC has operated a boat sales business at tlie site within the past two
years, although the future of that operation is unknown. Your Boat Club has indicated it does
not require retail space for its operation, but may lease space in the adjacent residentially-
zoned building at 1440 Shoreline Drive for residential purposes. .
� The current marina operation without the boat club use is slightly short on required parking as
calculated by staff(based on an estimate of 4 employees parked on site). A portion of the
parking is on properiy not owned in common with the marina. These are issues that need to
be addressed as part of this review process.
Staff Recommendation:
1) The CUP should only be approved if it contains some numerical standaxds by which
compliance with the requirement for `adequate parking' can be measured, and if the
proposed use can be shown to meet those standards.
2) The CUP should be approved only upon resolution of the separate ownership issue via
legal combination, rezoning, parking easement, or some other means accepta.ble to the
City Attorney.
Exhibits
A-Application .
B - Letter of request
C -Narrative
� D - Survey/Site plan
E -Prior Licensing Information&Resolution#2674
F -Aerial Photos
G- Plat Map,Property Owners List
H-B-2 District Zoning Code Provisions- Sections 78-661 thru 78-678
I -Marina Licensing Standards - Municipa.l Code Sections 94-71 thru 94-101
J- Section 78-916 - Conditional Use Permit Standards
K-2011 MCWD Licenses (Browns Bay and Tanager Bay licensed separately by MCWD)
• t� ,
)
#11-3501 1444 Shoreline Drive
March 17,2011
Page 2
Pertinent Code Sections: B-2 District Standards �
Section 78-666. Conditional Uses.
No conditional use permit shall be granted unless the property is found to be in compliance with the
landscaping and screening requirements of this division. All conditional use permit applications shall be
reviewed in accordance with the provisions of article V of this chapter. Within any B-2lakeshore business
district, no structure or land shall be used for the following uses without a conditional use permit:
(I) _ Boat clubs (time share). The applicant sl:all demonstrate that adequate parking is available on
the site.
(2) Public boat Zaunching, on-demand...
(3) Public boat launching, transient...
(4) Charter boat port of call...
(S) One caretaker dwelling unit...
---------------------------------------------------------------------------------------------------------------------
Application Review
Applicants request a CUP to allow operation of a boat club at the property. This review by staff
is based on the current B-2 codes, not on potential future changes to the code. Please carefully
review the applicant's letter of request and narrative.
Parkin�. The only standard for boat club CUPs within the zoning code is `demonstration that
adequate parking is available on the property'. The pertinent B-2 parking standards (Section 78-
668) require that off-street parking facilities for a marina operation be sufficient to eliminate any
tr�c or parking congestion likely to be caused by the business conducted. The parking areas do
not need to be paved but must be provided with appropriate stormwater runoff quality/quantity
controls.
When it was completely renovated in 1990, this marina had 118 slips on the water. The prior
owner has since reduced the number of slips to 98. In terms of numerical parking requirements,
existing code standards in Section 78-668 pertinent to this marina site include:
(1) Six parking spaces shall be p�ovided for each ten boat slips on water or on land.
-provision of 6 parking stalls per each 10 slips: 98 slips x 0.6 =58.8 stalls
(2) At least eight off-street parking spaces,plus one additional space for each 800 square feet
of floor area*over 1,000 feet, including warehousing, and all outside sales and storage
areas related to the sales and service functions.
- 8 stalls for the sales and service operation: =8 stalls
-plus 1 added stall per 800 s.f. over 1,000 s.f. of sales and service axea:
3850 s.f. bldg; 3850-1000=2850; 2850x0.85/800=3.0 stalls
* "Floor area"is not defined in the zoning code;Orono typically uses 85%of gross floor area of a building in
defining commercial floor area for calculation purposes
.
i
#11-3501 1444 Shoreline Drive
March 17,2011
Page 3
(8) Employee parking spaces shall be in addition to the parking spaces required in subsections
(1)—(7) of this section. The number of employee parking spaces shall be designated on an
off cial parking plan to be kept on file with the city.
- employee parking: (Estimate only)=4 stalls
(9) Where these minimum parking requirements prove to be inadequate for a given use, �
additional parking may be required in order to continue that use.
Total stalls required per current code=58.8+8+3.0+4=73.8 = 74.4 stalls required
Parking stalls provided on site (per past approvals):
Tanager Lake side of CR15 =47 stalls (21 at 1444 Shoreline+26 at 1440-42 Shoreline)
Browns Bay side of CR 15 =26 stalls in pazking lot
47+26=73 stalls available
Applicant has indicated that an additional 8 stalls are available in the triangular area on the
Browns Bay side of CR15 just north of the gazebo. The City has never recognized this area as
usable parking; it was previously allowed only for temporary boat storage and was required to be
separated from CR15 by wood posts with rope barrier. The issue is the proximity to the traveled
roadway and the ability of vehicles to enter/exit the small area safely. It likely does not meet any
Hennepin County standard for parking access. Staff recommends that this area not be counted
toward required parking.
Absent a numerical incremental code standard for required parking for boat clubs, the current
parking is short by 1-2 stalls for just the marina use as it stands today. Planning Commission
should determine whether the applicant's boat club operation as proposed has "demonstrated that �
adequate parking is available on the site". It is staff s position on the advice of the City Attorney
that a mere determination of parking adequacy without applying some numerical conditions will
not be legally defensible Iater on if parking becomes an issue. Numerical conditions must
include the number of boat club boats allowed, and the number of stalls required per boat or
based on boat capacity. Without such conditions attached to the CUP, if the boat club operation
expands or changes in the future and parking becomes an issue, the applicants or their successors
might argue that "you found it adequate before without any limits, and my CUP has no
limitations, so you can't stop me". At that point the City would likely have to rely on its marina
licensing program for relief.
In the February memo regarding the boat club CUP code provisions, staff recommended one
complete parking stall should be provided for each 5 persons capacity in boats stored in water or
on land for boat club use. The number 5 was proposed because that is the number of persons a
typical passenger vehicle can hold.
The applicant indicates that in his experience club boats are rarely filled to capacity, and that his
proposed club boats will be smaller craft with a family orientation. Will this always hold true in
the future? We would argue that while the standard 0.6 stalls per boat for a general marina use
has not resulted in parking problems to date, it is likely that on a busy holiday weekend more
�
#11-3501 1444 Shoreline Drive
March 17,2011
Page 4
than 60% of the club boats will be in use; that not all club customers can be expected to arrive in
just one vehicle per boat; and that not all club boat users will navigate their outing on the water
in a manner that brings them back to the dock by the appointed hour, resulting in potential
parking overlap. Staff is not convinced that the standard of 0.6 stalls per boat slip will be
adequate for a boat club operation.
While staff agrees with applicant that proper management of the club operation may be sufficient
to keep parking from becoming an issue,the City should not be granting a permanent use right to
a property based merely on the good intentions of a current property owner or potential tenant.
Propert,y Ownership Issue. Ownership of the property at 1440-42 Shoreline is an issue that needs
to be addressed and resolved. The issue is as follows:
1) The portions of the properties at 1440 and 1442 west of CR15 are zoned LR-lA Single
Family Residential, and each contains a residence structure. The portions of those
parcels east of CR15 are zoned B-2lakeshore Business District.
2) Historically these iwo properties have remained in common ownership with the marina,
which made the past shared parking arrangement a non-issue.
3) Historically the City has allowed the use of the gravel area in front of these two
residences as overflow parking for the marina (see Resolution No. 2674 and attached site
plan).
4) Recently the two residential tax parcels were purchased and are currently owned by a
different legal entity than the marina (marina is Browns Bay LLC; 1440-42 are Tanager
Bay LLC). The common ownership relationship no longer exists, even though we
understand that the same individual is the principal of both LLCs. There is no guarantee
that the residential parcels will continue to be available for marina parking. There is no
"special lot combination agreement", "parking easement" or other mechanism of record
known to staff that prohibits a new owner of the residential parcels from removing the
parking. There is no covenant of record we are aware of that prohibits these two parcels
from being sold to a party or parties who have no relationship to the marina. This
separation of ownership has potentially significant consequences for the marina in two
respects:
a. The number of slips for which this marina is annually licensed by LMCD is based
on shoreline footage that includes the east and west shorelines of the parcels at
1440-42. Severing the association of these parcels from the marina use could
potentially result in action by LMCD to reduce the number and location of allowed
slips.
b. Reduction of parking by the 26 stalls at 1440-42 would make the marina severely
short on required parking, even without a boat club use.
There may be a number of potential methods for resolving this issue, each of which may have its
ramifications from the City's perspective and/or from the property owner's perspective. For
instance:
. � .
�
#11-3501 1444 Shoreline Drive
March 17,2011
Page 5
- Combination of the two residential properties with the marina properties will result in a
combination of residential and commercial buildings on one parcel (not allowed by code) and
will result in a single property being within two different zoning districts (a condition that
already exists between the west and east sides of the residence parcels).
- A "special lot combination" is normally only used where both parcels involved are under the
same ownership, so that may not be a solution. ,
- Creation of a permanent easement for commercial parking on a residential parcel would require
Council approval and while it fits the existing situation, commercial parking is not allowed in the
LR-1 A district.
- Because the two residential properties each are partially zoned commercial (on the east side of
CR15), sale of the parcels to a non-marina entity would likely require a subdivision to continue
the marina use on their easterly portions.
- Perhaps a rezoning of the two residential parcels to B-2 should be part of the mix, but the City
has in the past not wanted to allow for commercial expansion of the marina use into the
residential sites except for parking purposes. �
Staff cannot recommend approval of a CUP for boat club use for this marina unless/until �
this issue is resolved.
Issues for Discussion
1) Should a boat club CUP be issued when the number of available stalls is already slightly
below the number required by code for just the marina use?
2) Is there any justification to allow parking in the 8 additional sta.11s in the triangle area east
of CR15?
3) What numerical parking standards are appropriate for the boat club use? Should it be
based on total boat capacity? Or simply on the number of club boats? Should there be a
limit on the number of club boats? Can the proposed club use meet whatever standard
Planning Commission determines is appropriate?
4) Should the CUP be issued without a resolution to the noted ownership issue?
Staff Recommendation `
The CUP should only be approved if in the `conditions of approval', specified numerical
standards are established by which compliance with the requirement for `adequate parking' can
be measured. The numerical standards should include the number of boat club boats allowed,
and the number of stalls required per boat club boat or based on overall boat club boat capacity.
The CUP should only be approved if it is determined that the marina site can accommodate the
proposed level of boat club use by meeting those numerical standards.
The CUP should be approved only upon resolution of the separate ownership issue via legal
combination,rezoning,parking easement, or some other means acceptable to the City Attorney.
� .
, PC Exhibit A ;
I
Application# �� � �5 O'
' Date Received a 5 i
Amount Pai �
CITY OF ORONO
CONDITIONAL USE PERMIT and OTHER LAND USE APPLICATION
PROPERTY LOCATION
SiteAddress / � s�ar2. �n-L �i�iu�,, �/'d✓/D
Type of Application to be Filed G. l_
Property Identification Number(P.I.D.) IJ-!/7 —oZ� a� DG�� w-Doo�
�000�'w DO/�
001
NameICANT �� . G l�� ��G L+� er R Kv�v
Phone(home�iz-B6s�-f?879 Phone(work a.. oD
� Address�os ��s,� �/JD City Zip ti"3'S+o Z
OWNER Cif different than applicant) l
Name $�a.✓n�s B�,i LLL ��` x�.�'1i�S k i 1
Phone(home) Phone(work) - o .- ooc'� �
Address�9'y Gro��. L �'.tlaOCity 1,✓��z.. �. Zip �' �
Date Property Acquired (month/year)
I (do) (do not) also own the adjacent parcels of land.
FEES-CONDITIONAL USE PERMITS-
$700.00 Residential Accessory Use •
$700.00 Institutional (church, school, etc.)
$700.00 Guest House/Guest Apartments
$700.00 Duplex
�_$700.00 Commercial/Industrial Use
$700.00 Land Alteration Permit
Grading and filling-designated wetland or floodplain
Grading and filling-501 cu.yd. or more � plus$700 Escrow
Grading, seawall, retaining walls within 75'of lakeshore
$350.00 Renewal Fee(IF no change from original application)
After-the-Fact Fee-Double Current Application Fee
OTHER APPLICATIONS
$700.00 Commercial Site Plan Review, PLUS consultant fees
Commercial Site Plan Review Escrow, $10,000 minimum
$200.00 Easement Vacation,with Subdivision Application
$700.00 Easement Vacation without Subdivision Application .
$700.00 Rezoning
$700.00 Comprehensive Plan Amendment
$100.00 Appeals
$700.00 Zoning Code Amendment
RPUD/PUD/PRD/PID-see Fee Schedule
Other-see Fee Schedule
����5���
CUP and Other Land Use Applications
Last Updated: November 19,2010 FEB 2 5 2011
���4d��Il�ItlO
+
�
REQUIRED SUBMITTALS
1. � Completed Application Form.
2. X Describe request in detail.
3. � Certified Property Owners List of owners within 350' of the subject property, labels and plat
map. List, labels and map may be obtained from Hennepin County Department of Finance,
Government Center,A-603 300 South 6�'Street, Minneapolis,telephone 612-348-5910).
4. _� Certificate of Survey(signed by a licensed surveyor) -refer to handout for survey information.
5. _� Attach legal description to application if not included on required survey.
6. Topographic survey (existing and proposed contours) if land alterations involve changes in
elevation (grades).
7. � List of the legal names (include marital status) of all persons with an interest in the property.
This would include name(s)of applicant(s) if not current owner(s).
8. Construction plan, if applicable(see staff for requirements).
9. � As an addendum to this application,please�attach a separate list of any other persons you wish
notified of this application.
YOU ARE REQUIRED TO SUPPLY 3 COPIES OF LARGE DOCUMENTS AND 1 COPY FOR •
REPRODUCTION (11"X 17"OR SMALLER) FOR ALL DOCUMENTS SUBMITTED. (Staff will require
scaled drawings of all documents, plans, etc.to be submitted.)
The Applicant and Property Owner must sign this application. Please remember that your application is not
complete if the above information has not been included.
APPLICANT'S SIGNATURE `�"
The applicant hereby agrees to provide all information required or requested by the Zoning Administrator,
agrees to pay additional fees (staff time not covered by original fee payment) and/or unusual expenses
incurred in review of this appli ion,a d ifies that the information supplied is true and correct to the best
of his/her knowledge. �.
Applicant's signature Date � �-��/l .
OWNER'S SIGNATURE
The owner hereby acknowledges and agrees to this application and further authorized reasonable entry onto
the property by City staff, consultants, agents, commission members, and Council members for purposes
of investigation and verification of this request.
Owner's signature Date �3f/
Applicant must have all submittals ' o the City offices 25 days before the Planning Commission Meeting.
Planning Commission Meetings re held`on the third Monday of each month. Applicants must be present
at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to
attend a scheduled meeting,�please make arrangements to have an authorized agent attend in your place
and advise the Building &Zoning O�ce of this change prior to the meeting.
��������
CUP and Other Land Use Applications
Last Updated: November 19,2010 9 FEB 2 5 2011 �
�f��� ����0
M.G. Kaminski (Owner)
Brown's Bay LLC '
1444 Shoreline Dr,Wayzata MN 55391
Brown's Bay LLC
294 Grove Lane E.#100
Wayzata MN 55391
Luke R. Kujawa (Owner)
Your Boat Club LLC .
10 S 5th St,Suite 110
Mpls, MN 55402 , �
Michael Jellish (Owner)
Your Boat Club LLC
10 S 5th St,Suite 110
Mpls, MN 55402
����fl���
FE6 25 20i1
C9'6"Y��Q����
° PC Exhibit B !
- �
�
�
�0��'BOAT G�J
To:Whom it may concern '�`�
From: Luke R Kujawa,Your Boat Club
Subject: CUP Application for Brown's Bay Marine (1444 Shoreline Dr.)
Date: Friday, February 25, 2011
My name is Luke Kujawa and I am co-ov►mer of Your Boat Club. We are submitting this CUP application
for 1444 Shoreline Drive (Brown's Bay Marina) for operation of a boat club within the B-2 Lakeshore
Business District under the current requirements. These requirements are clearly stated and we will
show that we meet all guidelines including and especially with regards to parking. In addition,I would be
very interested in helping in any way as you work to better understand the evolution of the boat club
business model and what positive effects it can have on a community.
With over 25 years in the boat and marine industry,the single biggest factor that has driven me over the
years is seeing the smiles on the kid's faces that only boating can create. The quality family time on the
water is something that we should not take for granted. Passion for boating is woven into the fabric of
our society in Minnesota. Unfortunately,boating has become more and more elitist due to escalating
expense,and people have become less tolerant of the hassles of boat ownership.
Access to water issues are malang it harder for the average family to enjoy our resources. Smaller
vehicles not fit for towing a boat,long lines and lack of parking at public accesses,and continuing issues
and changing regulations regarding exotic species are just a few of the challenges facing working families
who want to spend time together on the water. Your Boat Club provides solutions to all of these
challenges and more.
We at Your Boat Club believe in being stewards of the lakes and communities we operate within. This is
evidenced in my past work with the LMA, LMCD,the DNR and other organizations,where we championed
community events such as Lake Clean Up days,The Future of the Lake Day, Kids Fishing Clinics and
Women on the Water events. In addition, I have worked with non-profit organizations such as Camp
Sunfish,Camp Confidence, Make a Wish and more. �
We appreciate your time and consideration of this application and we look forward to becoming a part of
your community •
Since ly, /,� .
� J
��� �� ' .
� ��
Luke R. Ku awa
Your Boat Club RE����/��
FE625 ��� �
� CITY OF ���ONO � ���
PC Exhibit C '
` Your Boat Club LLC& Brown's Bay Marina CUP Application ,
February 25, 2011
The following is a Conditional Use Application submitted by Your Boat Club (Tennant) and M.
G Kaminski (Property Owner)for the marina located at 1444 Shoreline Dr. in Orono, AKA
Brown's Bay Marina.
11-117-23 22 0006 (1444 Shoreline Drive) (Browns Bay LLC)
11-117-23 22 0007 (1444 Shoreli.ne Drive) (Browns Bay LLC)
11-117-23 22 0010 (No Address Assigned) (Browns Bay LLC)
The two residential parcels are:
11-117-23 22 0004 (1440 Shoreline Drive) (Tanager Bay LLC)
11-117-23 22 0005 (1442 Shoreline Drive) (Tana.ger Bay LLC
According to Sec. 78-666 of the Orono Municode boat clubs are required to obtain a CUP.
#1 Boat Clubs (time share]. The Applicant shall demonstrate that adequate parl�ng is
available on the site.
While boat sales,slip rental for shared ownership,boat rentals,club houses,and
lessons/training are either permitted uses or permitted accessory uses boat clubs
currently require a CUP
What is a Boat Club?
Our mission at Your Boat Club is to provide the very best experiences of family fun while
boating. It is our belief that by eliminating the high cost and long term commitment of boat
ownership,we will make a positive impact in our members'attitudes and experiences of
what boating has to offer!
There's nothing better than spending quality time on the water with family and friends.
Almost everyone loves to go boating.The problem is that boat ownership can be very
expensive and,unfortunately,filled with hassles. But now there is a SMARTER way to boat.
Better than boat rental or even fractional boat ownership,our concept is simple. Our
members pay a fee to join our club,and in return we provide them with a fleet of all new
sla,pontoon and fishing boats outfitted for a wide range of activities.As a member,you will
only pay a fraction of the cost of boat ownership and still get to enjoy all the best that
boating has to offer.We limit our memberships to ensure that we always have great boat
availability.And you don't need to worry about all of the hassles that usually come along
with boating,such as boat cleaning, covering,trailering,storage,maintenance,equipment
breakdowns or even insurance-which is all included in your membership. Not only do our
members appreciate the substantial savings they enjoy,they appreciate the convenience!
��
:��
1
' +� ''S 2 011
7'OF OR�J�lQ .
Your Boat Club LLC& Brown's Bay Marina CUP Application '
- February 25,2011
Our members simply show up and go boating.They can take out a slfl boat and pull the lads
tubing one day, come back another day for an adult only cruise on a pontoon,or stop by a
few hours after work to take out a fishing boat for a few hours to see if the fish are biting.
They decide how they want to use their membership,and when they're done they just toss
us the keys and go home.
How the club operates.
Your Boat Club offers Fishing boats, Pontoons and Runabouts,giving our members many
options as to the on water activities they will enjoy. As fishing is more common on week
day mornings and evenings [fishermen don't like the heavy weekend traffic) it is very rare
for our boats to all be out at any given time.
At Your Boat Club's most established location our boats average an 8 person gross capacity.
Most members are young families or couples and it is very rare for any 18'to 28'boat to be
used at full capacity as there simply is not enough room. By far the most common scenario
is for a family to show up in one vehicle to take out a boat
Our current member base is comprised of families of who over 60% are former boat
owners. In addition,all members are required to pass boating safety course,which will be
taught by certified marine captains. This requirement assures an understanding of safe
boating with curriculum that will be determined with the assistance of the United States
Power Squadron.
While it is true our boats will be used more than the average marina tenant,we still usually
only have one family in a boat at any one time,and the busy holidays at any marina are
already heavily used. Where we increase boat usage is in the non-peak times where
parlang is never going to be an issue.
As any marine or boat club owner will tell you,a large part of the service we provide is the
ability to simply pull up,park and go boating. Therefore it is already built in,as an inherent
obligation that we will,in a worst case scenario,provide an overflow parlang plan to
continue to service our members/tenants. These plans can include but are not limited to:
• Offsite parlang and shuttle service
• Neighborly agreements for employee parlang
• Limited number of parl�ng permits
• Valet Service
• Controlled parlang instructions
• Members and tenants leaving keys with staff to allow for double parl�ng situations
2
�E� 2 5 2011
�ITY OF O�ONO
' Your Boat Club LLC& Brown's Bay Marina CUP Application
February 25,2011
• Other as required
The parking numbers.
There is a total of 81 parlflng spots on premise based on the following numbers:
• 26 spots in lot on Browns Bay side
• 47 spots on Tanager Lake side
• 8 spots in wedge shaped parl�ng lot on Brown's Bay side (conservative number)
The parking requirement for the site is 64 stalls,based on the current 98 slip configuration
of the marina.
• 59=98 slips*.6
• 8=Retail space
• -3 = Retail space comes with 5 slips so reduces number by 3 (5*.6=3)
This leaves 17 parl�ng spaces over and above the current requirements.
Key points to consider regarding Your Boat Club impact on parlflng:
• Our Customer Parlang(and boats) will all be on the Tanager side reducing
pedestrian crossing of Shoreline Drive.
• All midday boat Turnovers require 1 �/z hour to ensure adequate time to clean and
prepare the boat eliminating any doubling up of inember par�ng.
• On busiest days of the year last year,there was still ample parlang available at
marina
• We are staffed every day and will ensure smooth parlang facilitation
• Boat Clubs in general are a net benefit to parking as a boat club member is not
parl�ng a large truck and 30'trailer at the public access every weekend.
• Our boats at 16'-28' and are typically used by one family whereas large cruisers
can be used by up and over 20 persons.
• Due to the variety of boats in the fleet it is rare to have all boats out at any one time.
Any advertising and marketing on site will be minimal and will work with the city planner
for advanced approval.
The house or cottage located at 1440 Shoreline Drive will be cleaned up and utilized as a
residential cabin or cottage. While it is in a,sad state of disrepair,we will clean it up,add
�
3
F�� 25 2011
�I�A���€��4�
Your Boat Club LLC&�Brown's Bay Marina CUP Application '
February 25,2011
new paint and carpet and will not be used as a retail location for Your Boat Club as we do
not require a retail space at any of our locations. Therefore there will be no signage of any
kind on the facility.
We look forward to worlflng with the City or Orono and appreciate your time and
consideration.
Sincerely,
Your Boat Club
F��C��`���
��B 2 5 2011
. �9����ROi�lQ
4
o .
;n . . .
� ' '
. N � '
��d-� ��,�t/Nd�- �-. .
� � . �
i„o�.ree ' � �,Y .
sn'^° . ; A]l�� � -t ' , � .
$� Y�"°°°� ��: � �� .
, , M„a� � � . . .
, �, , .
� ' � ' � . . '
� � �; �, �„� ,
s
, +�x � � �K � .
:r,• ; , � �
, �, ' � Y` '� O L �S��H�N�iSI� �
, �
� " i � G(t1 � i` . � s+� � • �
� w�t $ a 7
' • 1 ��� � ; V � ( .
'U �Sr 1 � �(il , Q D� �
r —
t � • � , • 1 ��b �,n afG� p � ' m�
/ � ,1 � � ^ �
� � � '1 O � � Z �} �� '
'd
� � O � ''' ^ � . �^ • , ' �'A f� �� �� + � �� I .
1 ^
�► C . � � "�" ti��- �, . �� �
s ; �Gf g� ::� � x�'° aos p� I
. � .. � .
• '� � �C� �, Pp �a� �q � �� � •�y3dN �$ 1
GN � O � � � as = 1
Z� ' � �� �'`P"" O "� �' ;"��� �. _ . ° Mn
1 �
f.> �
'b � � . "� e' (� � � � _- � � . �
's� � � � � .� �ya,`,�3�'�„_�-��_ -'�, ' �
�
� ' �L f1�� � �, � `�y�/'J1, _' -� - �''�� /y - IF
m 1i S! 4 ifr� �'-'S^-���� � � ' 8� 1`�1
� gC� � i . �--' ' '� �9 I� �� i Ir � �f� F � '
S •3 i,�i^ � , - e -^' �dc����! � �,i n�B � �
� 's � �q - ''-' � ''1 '� y�e°°°,' � . . �
! � � / 1 '
,� •' � N a dot:o+�e eo sw �
� $ _ so'++'� 'Lf � �ttn � �
� � 1� '°t'�is�ti ',L°�°'c���'ti Sa `' � �.-
�.�4 �
� ' 1,o '��� � 1� .s�,a�aro�^° ,103�yV'��GlN�AW�� ^ �.L� 31 dWM ��
� e , 1�� � •L/St5 NL��3 4,o*1v H•�•�•J•� �SCOeo�Hp�iY�3NT� �� �y�� � '' � $ I
. Y�° � ���� ' .
� '� i � ..-" � ��� �. �
.
� .� ' �r{rI(� '_' .• � t81 ""_""�. � �
� � �
�' 1V • , ,--_ '___.' ;�r �' . �, i ¢'L9 "-r--..
� � '��•� �� � � ` 3.00.WA � .
'___""'����""'_'�'��r_i" '_�+�'(- - � � """ e ����"�
"""' ""'_" " _'- '_""__""" "'_'_""""'_""",.1�� '.' l
rABE'l9 �-� � �' /r �ls '_'� 1 ' � � 4JYll .� -'� 6E'19 z t9'SBL
v � � , • z n r =t �
� 1� 11 � • � 1 $9+ 1 V �
1 ll��
1 �ar18U1•T! � t
� ' , 1 � � �� � I
l 1 1 1 )
� � ; �
� �/ , � , m �
y � �� 1 ,,1 C yiiC9�d �� �1 . .p' I ._---���1 +� ' 1 �9
O
FVO+y p � tY.1S.�� ��-' � �/� Gr
� � Won � t7S0 1 � ` . N� 1 a .
�� �� , ,; � �� �x�d 13�`�`� �� �*a o '� � ��
' �� � o�g @r� � y z7
. ���p,,}.CLg , 1, ,, . � ;T �, p�� t "" O 1 �� .
�� �VW �1 � � � 6�,iPi Q � � 1
� ; � .�, � ,�,,y`,s�r'-�`'°"�� `° �,� n G � 3
"�i1 ; s ��, ���a�s �1�6 . X Z� • 1 �.A 1
w =��I �� �� �y y �� � y�i�� '� � N 1 v 1 .
�Q( � � � � �� p � � � � �
�y Y � ,� � 1 ' � A� `
s°'� , �� r 1' -�' �a �° x`� N �
�'
�� � ; , ��-' . j � �
�' � N y �
� � � ., £�, � ; � x , ,
,,
z �� � : ; � . o . �
� 9� ; ', ; ° �° . . N �
b � 1 �
V �$ 1
m� �,$ ^sy �� 'i '� 1 1J • • ` j Q � �°n �
� $ �
. $ �� r .� �1 ' � �t W G� x N `
� ; �,,, ; , � � m ,
: : � � � �
. ; ��. � � ,
• „ m
. ', ��1 � � z Q a � Q Q �` � .
i � � � � i �
� 1 �L
� � w � j • � �
d'�°°°" � � Y � � I 11 .
• �
it � � zc 1 1
w
k
r � (�J1 � � � 11 �
` 1 � �
�
11, Y � � � . � � • ' . ,11 .
•
•
1� ?, ��� . � � tt Q � � 1� .
1 � ;� � ' � ,
1� � � ° • � ° ` ------�,
� Q • � .
1 � � � �' '
� • a �'
1 K Q � " /�
� � � ° � Y N �,
� • /
°� � � �1 � � • n� � 4, '� /' .
• oo � , 8� ' .i
� � � y a ' 0 �
C3� � 1� N. w Y '
N � � • p d � `
a- � , w . a � �' �
._' � � ' / �
�1 en / �
'` 'Q /�, �"'
. ' � + . / �'� � `d'� � � _
,
`� � 0 . � � � � n �
�, �' �,o��ti` � , �- u, g
O�o � 1 � /�ti�°t�yyo° �a� �C' � � � .
' ' �, �a� � /'�(�
D � �, � � �-�y��,����� �y� � . -d . V� R'1
� G� � __ �o�,� �� � � r+
F„� � . '� , _—- . " 9ao�o p �D �
� � � ' °� �l' D
-� �� � � �
N � ^
� � 1
�°r� � s�� � Z
U � �
, o �:.� rob �
� ' . �
�� � �� �
. ' . N x
s _
R VISION • oes�c�o IMEREEYCERTIFY'flUTTHIJFWI,SPECffICATIONORREVORT � ��^�� GRONBERG & ASSOCIATES �
DATE BY REMARKS W�PREPMEDBVMEORUNDERMVDttiECT6UPEqV1610N, �_ �
AWN ANDTHATIAMAOULYLICENSEOPROfE9310NALEN(W7EER
umw+oaum�roaur+oEantEUwsoFtriesrntEOF �'=ZO' CIVIL ENGINEERS,LAND SURVEYORS,LAN p 2S
I.tlNNEBOTA
H _ os.osz 445 N.WILLOW DRIVE LONG LAKE,I � i
o�,� �i •u./' IAINN.LICENSENUMBER L9J'1' ' ;,,Rn PHONE:952-473-4141 FAX:952 _..�___.._
. • . • 1 ` • ,4 � � Y " � " PC Exhibit D Z,'�?,�
, . . ,.������,�?,�,,,`°�:. :o f � �'' s . . �;::..
..� ,�; ..
� � -" �� �'3
. FEB 2 5 2 0�1 p Oc�. 1...���I/L� �
GE."'1.1_ 1 t�t��.,�E: �j i �is.i^.�� � � ��� •
:c'�:S°�-�r=�3�`�-t�=.�E'��-', ��
. j`'�� North Sl�ore Marina-East
, -�.
N 1.!'• LGr%'!"r:1!'.Ti't, .�Qi. 'i .�;'.C'i.:�.:: id-t.f.�'-Li SItP.2
/
' ' '.
Subject to
Order of 9-25-85 '
. �
i �
�,L
• . • _ � / � ,
, • � �.�k. ' • �'.
�/ � �.R 9
4.e:c� ` r�V 1 � .. ... . : .
P��.+y line e�t}ended--. � ' �� - � . . .
� --o.� 3 a\ a3 � , •
/ n
lJ 2 - .
. / 3 ; .
0.3, a3 � ,� .
/ � � � c� (o ��. �
o.a'- .�'
� ; ' ,� a�� �3 �' ,� �� �s` ��,� �a.�
, \ `r�p
i , `
'�� � �� ` o�K i`� - 52 a1 ' t \ i��X
in I�, �( . ` °.
l� r%��� s \ ;,
, y �
.� .�q 3� ',
. a.," a 3 L 3 �o
�. �'-�
3 ; a° �' �q`� � �9'
c � �. �. . a�
� • 31 , ��5 �,b � .
, 3 . �.iQ`�' a� 3 �,.�,�� �
l p p .'
• q 3> do�k 2 3 q �r . /
� �, � 1��'S ��9 3� 3� /\ , 3 �.� �roperfy lin�¢rF�n�ed
v -
Q �"..._ � 3 .,� �
� �D 3 � � � I�/ , _
a� i°i/ i !:��_������ c�_�L'sf';� �:'�;, ��::.e; :: a
,�� r. ..::" :: r:
3 t;'u : .0 C U:'I'�:i'i. , J�'C: •E:iiT>'_:c,i0.
�� +/ Ci� ... :'J,':'ca'. J�� ...:^, C:�:CY.: �:.,� _..C�Cci.r:�A
� C:'f: f:li�:. _.,� .?C SY:Ei�('!;� 1T: T't:.i.iit.�'vl'i e:G t;c'
i t�:is{;in� pr��,;r�, -Y��ti�c•.�7�?�iar• ?�-�� :�r. �r.� r.�.:•{:
/ . o: L•cz=e^-r�enL .;;�;,� 1 S�:r.::,.r, i.I., .Si;Nri��i�;v� ii? ?�c,r�r,
� �:n;_�y �:' t�ey,,, c�' t!-�e ;�� Prin�°_ �zl i�:�-�•�_�ir,�. .
/
� 19�1 H t°��� '�ab ��c4�- ��0�����
�. �� _
7 — d�a�s- ���o
IqQ,(o— `� � . a o 0 0 - y o D oF »s ���v - y��
� oo � — yao o� ,�sa`'° �- ��o
' � g�' �� ZOd2— �-{p D oF fl8
��q�_ �,j D 2bo 3 " '-IoD pP 11 ,
� ' l .
, Dock S l,r d;,�NUs;�us �a a.��4 by Q-r�.;��+ as �os��� 9-�z-qo .
;, ,:
:�Cc�e: .��� • �'�t � ItGI'G!'?1 �, ^�;{'rli. .�'�C�' _t^. �:t�(:%�-r
�'i,L-' . 11—c—til fS�t+,t.�Vt� u;T1C JLLT':'e:;jCT' riT3C( .'ici:I?B:"
i/^�1€ �7 t f�1 i'.I J_Tih,1_,C(:�'�i�. .
� g yo.: � �8'D <�a) N OV 181981 �yt y.- //80 � y(��
�9��� ���v C�o) � �4��� ��Pv
' ���I�.' 'Y �//p' L.M.C.D. ���
��93 - �Ya •f�/�'� l�i�G — ♦ipd � ���
19�y - �D a� ��21 ' - iG��' � ♦�lA %��
;E4PfLYZS6�XVd 14LYELYZS6�3NOHd ' , ,r,r� '� Is•�� u
� SCSS NW�3HVl`JNOI 3AR1�MOTIUVI'N SYV �
3NNMd�Ntll'SUOA3A2lf1S�NY7'S2i33N1�JN3lIA1J mtit uru��.w�umn�o+.w.�o'�
:�NI`S31VI'JOSSt/'8�JZi39NO2l�J cm� . �'°°^��'°'"°"'�`"`"' S'°�3" "e "�o �
��'""`"".�"'"'""'°�'° " � �n PC Exhibit D 3'�
. �
;
. �� ' �
�
a �a �°� 1
u �
Z �'i � o
�y . � o
Li. � �-,�d /'—� p �
���'a 1
d � � �
` � �
W c� � 'C�� ��-'� � 1'� � �
... �
= N ' �`��� .����'� ' ,� � .C� m '
� �
a � ,� . � �
� , ,� ,
= W �,p'� . � - � �,� �
,
i-- �i,� , .
� ; � ',
Z � � • • � 1�I ema N
�/��' a, `v � �I �S! N
e� � • ES
� 1
, �/�� � . a, � � u' R � � �
��� � �" 0 1� U
/, � a . �n 1
�- ° . �
_ _ /' � � • � 1
a �
,,_ ___ N • . • M Oi �. 1� .
� �' 1
� � � 1
'� a N � p Q , .
,1 • � � • � ,1
�` ; � . K ` � Q . �
l •
',, r, N .� a . � .
11* �,.
1 � ' c�v �n • .a.�'
� �
1 , � • � r� .
� �. �
� � x � � � � �
f , 111 � a • N , �
1 � t � � • .
� N � �qqq a Q
�1 � � ' . e� dY
• 1� R � � N � �: �
�, � c � • :,1 � � ,
, x . N , �;,� ,`, ����
� N�� �. � . %'� ;t �� .�
�
�, " �� � .
����,. �� � • ,;� ��_ �
, aw � . g . �a� ' '�,�- M.i
� � �� �g o .
� O� � �A' ,� �
�� 1, �� O � ��d ��P���' �
. B� , �a � ,,1 �r , � U �
a}-� l, �� � ' (� as �
1 _ � " ""x c""""' ""'"_"""" �na '1"" """''""-...• '""""'"'°__''.�'" 'r: " '�'"'""__ �
� ------�� .�> ., � �µd�.-:•- --mH:N 5 p1�AT5�Q,. ';" � `. �
i , J� ^ . we"",,,,ao„"°" K,G S•p,,..w. :`� ,.. 1' /�
� ��_-�fi� ��� �"O � �� ��+d' °� Y �� �
� ° mm'. ��r �
� � �� � _/, O
� �,. __ L. _"_,_, . � � f .
� � _�- ; �r
�—
,� � ° _ -`:=:�- �
� � _ --:_,�:= -;� � -. . � N
�' " �P � _ a 4
p s ,_. -'�: ' .� �§ � �
� ,p'a,� "°'" p, �� � O
' �r �N � ��' � � � ;
I r� . . • �~ * �
� �� • n � �
� p�4 ' � ��. � ,;
�.
� : p. I '
1 . �� , .
�
1 �, �� �
' p� 9
. } ��
� TANAGER LAKE
. � .
. �
. . �
. O� ♦`�•� �`��� PC Exhibit E-I'O
� _ �
��t,P L���-�L1 G��VS�`/'�?�vo[—�p�
l.
Q . U O
e--� � �
N � '�
O � N •
c �
� • o �o _ . . r
O � �
. N � �,'
.y �
co
z � �'� o
.�., a... �.,
� � � � �
° � �,, �
� � b
o r' � � °o 0 o A
Uj c� r, � �
� N N a o �, o 0 0 0 ., on
� � .� � �� .�
W � p� M •a .'� •� bq N 8-� ,�
� N Q� � y � � � ~
F�1 cc � u � P+ . Q . �
'b � p � � O
� � v�i .k w � N ,�^ . (J �c
Z � �, W � �o _ 3 3 o C7
� ,� a; � � o a� � � �;
� cd cd y � �+ �' �" .--�
a A A G � � � �
U �
v � Cd Cd Ci � U
� '� � � � � �
� � O W � C� .
y � z
� U � �,
� � � O N . I
� �..r �3 .� �-.� �•� �, . `
' w . � Q. �l a� a� U •
�j � w � � t
� � � O U ~ o
.� � W a "� b
� � � � �
O � j ^, ..� � � f�
U � > •� °; � '3 � �-' '� �� �
O '� � A � � � � � ° No
� �' � N a � � `r' �
i � " ai �~ ~ z � �
O,,/ � � � N o � � ~ O;
W O � .� w � � � � � � N .
3 � C/1 � � � � � ^
O � � � � � � b U U � O 0 ��
O � ti ^� � C 'C1 p ',.1 P� � �
� � � H � o
�
� � � ,�'� . U � �
i� N
H Q � tip U a�
V =
� o ; :� ��
o � b � � � Q �slJ
� •� d o �� � ��o
� � �y o � � x �
z a v� � = °' � w
�
.�� �
o �? � �` ,�,e�
c�o y .5 O ' .��'
� � � .
d 3a
� �
O� � ' � ����� ,O
� Windward Marina � Exhibit A-License No. Ol/02-106
CONDTTIONS OF LICENSE APPROVAL. This license authorizes the licensee to operate a
marina business in the City of Orono per the following conditions:
I. Operation Standards. Each business licensee shall adhere to the following rrLnimum � �
operation standazds:
1. Parking facilities on the site shall be managed so as to eliminate txaffic or parking
congestion, eliminate illegal on-street parking, and avoid pedestrian traffic
through neighboring property.
2. Boat engine testing and charging shall be limited to the hours 8:00 a.m.to 6:00
. p.m.
3. Retail sales and service shall be limited to the hours 7:00 a.m. to 10:00 p.m.
except as necessary to accommodate normal fishing activity or private use of
�premises stored boats.
4. The site shall be kept neat and orderly, and free of garbage.
5. On-land storage of boats shall be managed so as to eliminate any view �
� obstructions�for traffic entering and leaving the site.
6. Parking and on-land storage of boats, trailers,materials and equipment shall be .
liznited to those locations shown on an approved site operation plan,which plan
shall be submitted or updated as part of the annual license application. Such site
operation plan shall also indicate seasonally variable uses. '
7. Lights shall be shielded from the road, the lake, and adjacent properties. ,
Failure to adhere to these standards shall be cause for license suspension or revocation
per the provisions of the City code.
. II. � Fuel Sales. This marina is not authorized for fuel sales. �
r
-. � n •
1'..
a � ��
o �, o
���;���� CITY of URONO
a ��������� � .
r�,, �'�: �r; �°> !Sr . Municipal Offices
� '�`'�' ti _ . .
�� �'�'-.�i�,Y�� G _ . __. .
� -�`.° �` Street Address: Mailing Address:
fi��K��i 7` 'w
`�Egg04' � 2150 Kelley Parkway P.O. Boz 66
Orono, MN 55356 Crystai Bay, MN 55323•0066
September 12,2002 � �
James &Mary Rivers
Windward Marina,Inc.
1444 Shoreline Drive
Wayzata, MN 55391
Dear Mr. &Mrs. Rivers:
Enclosed is your 2001-2002 Orono Commercial Marina License.
Each licensed marina is required to adhere to the seven Operation Standards as noted in Exhibit A.�
As in the past,please pay close attention to the following items in order to remain in compliance:
� - Avoid storage of marina vehicles and equipment on the residential overflow parking �
area.
- Maintain customer parking spaces within the paved lot next to the building as
opposed to filling it with boats for sale(and keep Handicap stall available).
- Continue to manage parking to minimize customer necessity of crossing Co.Rd. 15.
- Remove accumulated debris from stormwater runoff structures on a regular basis
If you have any questions,please feel free to call me at 952-249-4600.
Sincerely, �
��!� '�;
�� l
Michael P. Gaf&on � �
Planning Director
encl.
Telephone(952)249-4600 • Fax(952)249-4616
www ci.orono.mn.us
• . ' . • , . ��
i , . , .
. . : .
• , • • . . , • .
� . •. .. • , . . � . �''� y ' • ' • . .
. � �. � � � .� � . �!' � . . � � .; � .
' , . . � ' �. . � � . � "� ;G � . . • ..
. : . A��`� . .�`` .��. ��. , '� .
�.1 � . . tT �
, • � .• • p� '�n ' ' . � � ' . .
.(� . ,� � 1�' �CCr
, �• �:.. ''�� ro .
.. � � `m ,f D� �' :,�.;''.��'��J \ , '
• � ' :, .�z�:^' �`,fi �.� • -- _ ."' � .
!: . _. �A �i '•:Yr• •.=• - * 1�
, _ ��: :�. .• , � �, ; � �,;;.: _ �.r' , l:- �\, .
. "�'�Sjij� ,�;A'T�� ..`• �'!t � ' w « = �� '�. �
• �� ^,/�� , �'�. '�A ,� / � i� .y.f• ,!/�''���+ ti�� ��• /�. ��,ti�,
. � • ��,�. ,^��}L�;, �y+��� i?y1.� � I j� ^�.� �.�.� ,� ~ �-`�^u.\ �.��.�- i
� � .r^'• N.y"•ir= •rL��?l. � �`� ° t� ��,"'�
. ,e{ '�' L�':'�'l�C- 7 . '��1 .
.� i _�•`•L':�t.�ai:`�'�•`SFi:;..,;,. -a_ A '� f !� '�.�
. . „iS�: i:l:-u...�:^�ti�i�;� � W � • ,� ` �
:. ;,..- ' .r..u: �/!�� p � � �� J�
� hi� I n I A � g • .�. ` • � ��`�
. ;';' __.•.�' I� '1 � .. �,� o, ,�� 4a�,,.
. ' �• � � � � • ' �'��'. � �-'� YF .
' • ' �1 ' �� . A ' '. �: 'i: .� .;�y� �= ' I � ��
11 r: :� �, � $�� ' � � ' ••� . ' '��' !�'. � f x '1 '
• p i�• �4 . .1 :\`. � � . � • .
• ._. ' a� � '"' O •,_ � �r . . , � _ .
.� ,� , � � � �p .. , � .y . �,I , • . � �
.�� �' i�� •+ � th � � � .�• � �O . . . . A � . .
� . , 'i . � T .� ' ��:��: �. • : . _ � `�Y . • '
.. : �.�� .. T :� , � � �� �• . . . . . . . � �
� . . . . �,: �, , � � �� � .� � � . . . � ; . .
' • � � i .� • ', , �'j'�?.ri:•ll{b .�Z:� 2w GAtLS� � , . . .
• f �• �'<u R..O��l� 9UFL-�'��'L' . •
'' • • ' '\ .ST.':ir�bsi�-•I 1 �� • � - -- $'. .} — � . . . , .
, p. —.� .. .��1: .
.. Q. :a� - -:r�.: .4»,`. 'a. ,Y•• 1.' � ' +��'�'�' •r; . .. ~ '�--� --j---"_: -------- �� .
. , . — , . '1. �� . r . . _ 3 . .
� . ... '. � ' : ' � • ..: '•.,:i• • _I _ _ .`'`_ • . ' ' � �
� ,, • , ' ^ �----•.r......._.e�. - '�'...-....:...;t� �.,.-•� , " �- �. .,_-:- - ----.....�. ' • .
Q I . . ' ' h_y �, ..���...:...� �` .�L.,,,��ry �� .'�'7-•• � •� • • '
� :�T . . -I'�.�..,�..�, _ . . • .. :. ,� ,`.�.� "�-� . . .
� • �' • . �rt{�5 , .. . • -''' .� •(�! �.: . ,`, � .�.` •. . .
,+ � :` �r. • .r.v �" '�•�
1 � • , �. : � � ]. , ���t.:� . �. .
� ^' ` '� � , �•~+"` � � • '' •�.:.•• ����•t'1:•���~ •. .. � • ' � ' ' •� � . • � •
. �� • ' ' ` � � � '�• .���1"'�..'�L;;�iY. ' �.�1. . .-q�' . . ' .
y' . . • S�h � . �•',, � , • • .;.,br,. , p11r"p• , ~ .
� � „ ' . 'i'; • . ' .. ' " �N'• • . � . .
., • • ��.'r• , .. :,, . , • • ..��• . .�s. . . . .. . . . . j, � O • .
� •�ti•• � , ' •0� y� ' � • , ' - , . . • 1,. � , � M .V •� .
. { i :�,�: ,` •.. •• , t..• _`•�"" —�r.-��: � _ �� ' I . `��
. ..... �
. . ��i;+.��L'.• rt�a� -#�. '',. . ... , ti-L.� �
, ' i'N�� r:.l,...'�!�.�.-St;q.�` . .. ,, L�Q", .`�
• , /.n. v�!•r.•:tw�,Wv-_.ta�i'�_ v • . •
;:�i'`�'+l.�t� �z.:.,�;�� .�T, T.••, . �\ • "t� � "'�� '�+�� . �� .
'i, .:==...3E � �
� �`_i: _ i.. L•::-i-r • ' _L+i'.�
�: .�=STr. •:•i.:::.!''.'I_i:.� ��• ���•`• � < �1 •-a /
. �"S �: ~�s.::_a'!l:.� � �h . � -�--�a � .i
�,r .. . ..� ..•. -•;�'•:';'.. • �(y • fi,7� -• �t �
. � ��,�.i: �=�=;_1�. -�F�,f• Y � -
�. .:t 7 A J /
y r W 1�� i� �� q. ��� •
/14�ri.���+ai�+ '� 1 J� �..q-�
• � •• , � ' t: Vi• .��'.w�• � `•'� / ��• � _�"� ��
•�" .� ..� _ � 1r. � �11 �
• � �,��• :'1�_' • � ; f � �' ....ti �``�~`
. • , .� . ... . `=1II7 vi_ • • _ ��i � . �.+ �
� � t��� •� \, � �t f�i- m �
. :h:"h�:cia� : ..�-.i'�'�'�. �.��, �! r �. �,�4 ..� � .
.�• ' a • '`. _s�.0 • � ' .
' :�;'' =�;`� .:i�7:�:�s�:r� ' y ' ' '
'^ . .. �� �,�_:i ._.� ��i�a:�.-�•'T�r .
:�; --�_�...__:��:..._ �,
�'r�� .. . ' t . ;. ,n,F:.�>-F.7i••-�.t,7�,,€,;TM,���3• • • _�
t�t°^ . � 1V .. A ;'.`''' , ��,.�:,.:�,+.:i::'.:. '�• . . • • �` .
("� , T�:��11���..�. J,L 1
`� �•�'�V•�rhl�.f'= JS'�' �-•a � �` �' .
b .,• . ��. -:=�-r.=i:,._. �..-•. .� .
� 11 � �' '^-.�, �°`u�,',;::�i�'='-;i-~•,�.;:1;= /� �• .
�� t aati •�.a::' � . t,^ '�/�/i '�' , i
f\ • .. e�i :;. TPq-•� 1 � �J �,� . . ' � y .
:' +�"'='� �^a.� � � p �p �
:;�.. J a
� ;.h: L:h �'- � 1 V 1
p�� ' , � . � . _— — .�' ,� � .,j? �1}.� '� . • . . '_'0
3 � , : . _ �:� ,_ f�(.n ' , � ,,,,,� � '�•
� , . . '� . _ . �.' ' � , . . Y
��p � , :� , • �.; . . .N ,:;� j11.�, . :Q� �j �. � .
� ' '� .1/� , . '' . R �. • 0-� . � G.�
� • ; _ ' ' '.Y � . ' , v �, � �
. � ' -� �a �,::. � � .Gj� . 't7 V* a:
, ;� , . . . .. ' .' � � � � �-�-
•� ; . �` :. :,;. �. :��. :, ,.•; - : � V�� a � G~+ .,� �
: . �•;� `;`� -^'.��.� �- ��''�.r,rr .� ' . v '� . • �. ' � r
,`,�,,,��^.'�";ai. �.;,.,�...r:�,,.iN �, • , ' � • � C�
�• �i � . v � .�� M• J . . • • , . � .� . • ' • � ' . ' ' V p r
, • • • . • •I�. . . • ' . . . • . . �I(�' `� . ,' , "� : . o
. .. :: . . . .� . . . . .� .: . � . . . .. � . . . N .
: � . � . . � . � . Z �
. . . . .:�
�
�+ � . - ,.J.��t./ � ' .
, , : - - PC Exhibit E=2,�
� i
� �. � ���� �� ����� .
� RESOLUTION OF THE C1TY COUNCIL .
.. � NO. 2674
e - • � �
A RESOLUTION GRANTING .
� v�TANc$s To
1�iIIKICIPAL ZONING CODE
� SECTION 1Q.41, SIIBDIVISION 5,
S$CTION 10.41, SIIBDIVISION 7 (A) 3,
SECTION 10.41, �SIIBDIVISION 9 (B) . �
� S$CTION 10.41, SDBDSVISION 10 {D) AND
� SECTION 10.41. SUBDIVISION 10 (C)
FII.$ #1424
WHEREAS, . James P. Rivers of Windward Marine, Inc.,
(hereinafter "the applicant") is the owner of the p=operty
located at I444 Shoreline Drive within the City of Orono
(hereinafter "City") and legally described as follows:
Exhibit A, attached (hereinafter "the property"); and
. WHEREAS, on October 5, I988 , the City �approved a
commerc��al, -site plan and multiple zoning variances for the major
•-, upgrading`pf the commerial marina involving improvement on both
.- the Tanager Lalte and Brown' s Bay sides of the lake. The
� app licant has completed the proposed improv ements on the Brown's
Bay side and has filed a revised commercial site plan and a
variance application, seeking mu�ltiple variances for the
relocation and construction of the commercial building on the
Tanager Lake side that would require the following variances:
A) Section 10.41, Subdivision 5 - Required parking stalls.
Required = 77 stal.ls
. Existing = 76 stalls
Proposed = 73 stalls �
Variance = 4 stalls or . 0�$
(Parking area separated by public roadway - Tanager Lake
side = 47 stalls; Brown's Bay side = 26)
B) Section 10.41, Subdivision 7 (A) 3 - �Variances sought to the
required 10' landscaping buffer adjacent to roadway.
Required = 50 '�, •;(maximum allowed break in landscaping
��°��for access purposes}
� Proposed = 60 ' '- �� � . � � � � �
Variance = 10 ' or 20� �
Page 1 of 7 �
F.';=� .
��y
, � �, .
��� �� ��,�I'�T� . .
� �
.i RESOLUTION OF THE CITY COUNCIL
V NO. 2674 .
a
e • • � �
C) Section I0.41, Subdi structure.tB� Lakeshore setback
required for commercial .
� Required = 75 ' �
Existing = 55 ' �.
� Proposed = 29 ' � .
Variance = 46 ' or 39�
Required side yard setback for commercial structure.
Required = 10 '
Existing = 14 '
Proposed = 5 ' (south side yard - adjacent to commercial
zone)
� Variance = 5 ` or 50$
D) Section 10.41, Subdivision 10 (D) - Hardcover variance is
required for new construction. � :
Tanager I,ake Side: .
� 0-75 ' Setback Area = 9,000 square feet
• �� Allowed = 0 '
Existing = 8,720 square feet or 96. 8$
... � Prop253d- hardconerupropo d at 66,376 sPf1COr170�)
n
75-250 ' Setback Area = 9,700 square feet
Allowed = 25$
Existing = 9,700 square feet or 100$
Proposed = 8,810 square feet or 90� (Application
�1263 - hardcover proposed at 9,110 s.f. or 94$)
Total reduction on Tanager Lake side of 3,534 square f eet o=
hardcover (Application �1263 �- total reduction in hardcover
2 , 934 s.f. ) .
NOW, TH$R$FOR$, B$ IT RESOLVSD by the City Council of
Orono, Minnesota:
� FINDINGS .
1. This application was reviewed as Zoning File �1424.
2. The property is • located in the B-2 Lakeshore Commercial
� Business District.
3. The Orono Planning Commission reviewed this application �
on June 17, 1989, and recommended approval of the proposed
°~� variances and commercial site plan as proposed based upon
.:�
the following findings:
Page 2 of 7
.. ' � .1 '
. . ��� ��� ���T��
� �
�' RESOLUTION OFTH�E CITY COUNCIL
+ NO. 2674
�: .
i �, • •
A) The total hardcover removed as a result of these �
� improvements will be 3 ,534 s.f. or 19$.
B ) The removal of the two existing commercial
structures and the replacement of just one structure at •
- 4,500 s.f. as originally approved in Application �1263 .
wili result in a Iess intense commercia�l use of this
severely lim.ited property. .
C) The amended proposal will provide far more green
area than the original site plan approved with
App].ication �1263.
D) The applicant has proposed better treatment of :
drainage and run-off with the amended proposal.
E) The amended proposal provides the removal of 600 .
s.f. of additional hardcover than was required to be
-- removed with original land use application �1263.
•� ' ..: .
� F) The property has sustained a marina use: for over 25
� years.
4. The City Council has considered this appl.ication
including the findings and recommendations of the Planning
Commission, reports by City staff, comments by the applicant :
and the effect of the proposed variances on the health, :
safety and welfare of the community. �
5. The City Council finds that the conditions exiener lln
this property are peculiar to� it and do not apply g Y
to other property in this zoning district; that granting the .
� variances would not adversely affect traffic conditions,
light, . air nor pose a fire hazard or other danger to .
neighboring prvperty; would not merely serve as a
convenience to the applicaat, but is necessary to alleviate .
a demonstrable hardship ar difficulty; is necessary to :
preserve a substantial property right of the applicant; and
wo�ld be in keeping with the spirit and intent of the Zoning
Code and :Comprehensive Plan of the City. � . „ � . � • � :
. . Page 3 of 7
r-� . ,.
f�••.-�
:,��
�•J
� 1 •1 .
. ��� �� ����� .�
�. �
' � RESOLUTION OF THE CITY COUNCiL �
. �,�
��"�' 2674
� NO.
� - � • .
C�NCLIISIONS, ORDER AND CONDITIONS
. Based upon one or more of the findings noted above, the
Orono City Council hereby grants approval of the above referenced
variances to permit the rel.ocation and construction of a
commercial structure of 4,500 square feet at the property known �. .
as Windward Marine, Inc., and in addition, grants approval of the
commercial site plan based on plans drawn by Rutledge
Construction, Job rrJ 8060 , revised date 6/14/89, subject to the
following conditions: ,
1. Prior to issuing a building permit for the commercial
structure and/or issuing a demolition permit for the razing
of the existing structure, the fallowing must be completed
by the applicant: .
a) Approval by the City Engineer of final grading and
drainage plans for the relocated parking area.
� `:•b) Applicant shall submit a Developer's Agreement
'with a Letter of Credit written at 15 0$ of the cost of
J the required improvements to ovementshre uired tbyn the "
the landscaping and site impr q
City as a result of the upgrading of this property.
2. AlI. gresn-space areas to be planted or restored per site
� plan by Rutledge Construction, Inc., revised date S/3/89 -
entitled "Drainage Plan". This area includes the 5 buffer
along the north and south lot lines adjacent to the
residential and commercial properties, the former boat
launch area in the southwest corner of the property.
3. Payment of two SAC units at $1,100.00 ($550.00 per
current unit charge) with the building permit f or the
construction of the commercial� structure.
4. � The 4,500 square foot commercial structure must be _-•_�• �
provided with an automatic sprinkler . system per State _ .
� Building Code, Appendix E. - . . , . . .
�5. Appropriate soil erosion control program -sha11 be :�.�-,� .
maintained through the entire project and until permanent �
erosion control is in effect.
6. Applicant shal l provide S ea t e en ure ad qu te cu toarer
�.:'� within the proposed parking ar .
`'�� parking space during winter boat storage months.
Page 4 of 7
. ' , � .
�, ���� �� ��,�N�
. �; RESOLUTION OF THE CITY COUNCIL
-.�, N0. 2674
•
• � • . •
7. The Hennepin Department of Public Works has approved the
re 1 ocation of �the curb cut, sub j ect to the f o 11 owing
� � conditions: �� �- .
a) New entrance to be defined by bituminous curbing.
� � b) Existing entrance shouldn�e Roadcl5, or curbed 6-10'
from the edge strip from Cou y
c) New driveway to be between 28-36' wide with 20'
radii and shaped to maintain existing drainage pattern.
d) An engineer's drawing �r�e alei cationeto theuCountyts
should accompany the perm pp .
8. Authorities granted by this resolution run with the
property not with the applicant, but are permissive only and
must ���e exercised by application for a building permit
within one year of the date of Council approval , or this
� variance wil 1 expire on that date (August 14, 1990).
. . ,
9. Violation of or non-compliance with any of the terms and
°conditions of this variance shall constitute a violation of
the zoning code, shall automatically terminate any authority
granted herein, and shall be punishable as a misdemeanor.
10 . The undersigned aP Sl o fathis resol tion nand on�behalf �
hereby agrees to the term
of himself, his heirs, successors and assigns, hereby agrees
to the re�ordir_g of this resolution in the chain of title of
the property.
� Page 5 of 7 .
t'j:� ,
`�
� � ��� �� ��,�1'�T�
� �
�, � RESOLUTION OF THE CITY COUNCIL
e NO. 267a �
� - s s
Adopted by the City Council of the City of Orono, `
Minnesota at a regular meeting held on the 14th day of August,
1989.
,
AT EST:
�- th gal •ifn, City C1erK� Jame R. Grabek, Mayor
Do_o� / ,
�
L
i
, �'' / /
� Property Qw erJ(s)
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN ) � .
,:�. T�ie foregoing instrument was acknowledged before me on
�� �• this 14th �ay of August, 1989, by James R. Grabek & Dorothy M.
� Hall.in, Mayor & City Clerk of the City of Orono, a Minnesota
municipal corporation and said instrument was executed on behalf
of the City.
� c
�
Noftary Pu�lic / /
.�°"'���� LAURIE K. SCHEFFLER
' ,-f,'�,=t';`�,
_ ,��,_ NO7ART iUBUC-MtNNE50TA
y;•' •' '=� HENNEPIN COUNTY
�k�`�•� jKy�nmidsion �xviros b-3•93 •
.���`
My Commission E�ires �
Page 6 of 7
.�� . .
, , � .
�o��i u�;or_ % 6 7�?
.::� E:�I�IT �
Shat par: af 6oYerrmertL Lat i. Sec:foa 12. 7awnsRto 117. Ran9t 13• CtsciDe4 u ,•allo+�s: Cr�mencfng a[ tt�e ce+nder tcrner aR tt�e Nor� lfne
of said Gorert�enL Lot t: ttsmce Sa¢t1i 10 deg*�S Easr (asssaia9 ttte Norcn ltne of said Eaverement Lat 1 u Cearing Enst and WeSLJ a dlStancn
cf 6ST.23 feet� a Dasctt Arr_iaarser rererred tn as '�irtc A': tnence cccnfnuing Saurn 10 deqrr_s Fjs= a diszancr af tt7.fi5 feet ta tne ac:slnl
. �tnt af De9inn�nc: �ienr_ Sautn o7 degrns =8 asrtuses west toy:n�c���16J de9Ti�eic� °�^�t�•�n ��ertnore l�ine of Lake Mlnneson�a.11ne
:aar:nq aucn e% cegr--s i8 minutes s+er: frm saio '�aten^:
:.�mce `ouc eo%Y:e?ar-ws�:S ainuceststesLfim �ieHacnuiLl Cocnt �:l�eqsnntag�:gw�loc*�ca�17Satiar�we5teriruarSa�Itnefa arn 7arai e! �LZLana 6�`eecn4:
Sauc.:earerfy frsa :.:a �+or'�+es.zriy line 'sa i� ^�c�^Sj�an er23.@aescCDeaS s.�rilo*sc•L'�'=i g t U e :nea aer rtrner an w7er'brL� ilne af
TAat cart ai �orer'raent L�t t. Str:ors 1t. Tornsaio 1t7, 9
5s7a11 feer c + oe�tnt neretnarter'rer�'erre¢ :n as ":oirtt�'�:g��enee c'nLinutrtqfSauLi Orc re-s '?s[ta dLs:aancrSaf_�7.a5 feet,:� a�e r.snl
Dearsng °�t 67rtcr,Res :8�mi��ces S�ese tras saidut;.atnc a'�:nrnee NarLniaT aearr_s9-8 atnutes Msst to cnefsnare�lineavr Lake Ntnneto aa:line
=eec: Saucnerty alanq tae sna*': Ilne af tase Mlnneco�a a a llne=nnlrtq!�9�.s�ac �dL�i�of�e�aoveEaes eee~cr3tt �nun Ites ttor^+�sserty
�.ence Sauctt ci eeqrrs � acrtutes aes: :a ute ac:ial pa�nc af �e4 •
of a llne oram parallel ycsn ana fi� Pe'= Sausnenss_Hy frs t.e t+or_�ester�y lirte ana �:s °-xts�stons of �ne acove cesc-:nez :'3�, ac=°r'a3r
U ;;,� aorertment Surrer taerr�t• ' at _.e xanaer c�rner an use xorca Iine of said WY-
That part of C�rerra�enc Lcrc 1. Sec�ciae it. TornsNio it7. �eR?e 23, deserfbea as c��-•"•4
TC���e ae^jal�,;airtc or �beqsnasa?s tnP*+etallorc.��57 aeer"s��t�=�=Sa ds��a�esb L of L•,cn�MinnetcrtLdMa.-..°'1C_,S0�7G1 3s•erLrfalanqBB
saiC snart a tcs irrcene�:on reL'f a line �eartnq ��*u+ o� d�?�'�4S '$ �Inutes css f�+ a C�1rt� •^!cn 's art a ltne Ceerznq .°.outtt 1a a�?r'='S
_rc �a assta+st 61.39 fr_s `ra� "t ae__a! DatnL af treginrttnq: ���ce Soucn 5% aecr'-S '°ain'r`.rs west to cne saare or Tanaqer LaKr (tar.xrly
�••,Q La�c�j; uience narzre'ste5lr alac:q :.�e srtare af Tanager !ace :� f:: inserse�iaa ri_: a line :�rtng SauLZ oi Cegrr_s �! �tnu=es ltest frca
e ae�al Caicst at .:eqtrtrtsnqF=�n+�t �r'en,o7 aeqrr_s +$ ainutes �s: co :a� a�lal �LtiC Or be?inncng, acearaing m we Goverrs�ertt wrver cne�r',
'',nat aar ef �+�e+�mertt �at 1. Section ti. Tornsrtto it7, Ru+9e 23 describea as c���-? ac Lne :sanaer corner art :.:e Horsa llne ar Said Gow
ernmenc Lat t: rltence Sax luic sa oe descriCeasswi�ng� �'10rutnqi,ouut t0ta�ar_-s :ss�: a asstarr_�orsbg.9�fr_t.di�ert�eetiar� fi7boeqrees a8yain-
�v:nt at De9snrtin9 at � �e Gorern-
yrueeSSEdB minusrs � frv Le �nt�ofn�e9s�ming: tnence �:n 671aeaire's �++lainc�s 'St�st ta LZe aatnL of beqtnnu+ql a�cc�*�acrtq nq tror�� 07 dr
mertt Surrer tne*eof. r a: �e xanaer cnrner en tttr tbr's ilrt� of said
Ttut part of Gorerroent Lat 1, Seetfon it. Tarrtsnio tt7. �R9� 23 aescrioed as cem�+�=^4
Gorenarcnt LaL t- :sfence `�u t0 aeqree= Eat. (assuvin9 tM �b� line of saiQ �'+'�t �� t as xarsaq Esst and Yest! a dtstancr af
8Z5.a feet m ttte a�.:sal Ootnt at be4is�ning: LtiMR Narcn 67 dsgrees t8 mirtuus East � L�e s+.•�.�e ari Lalce Ninneccmca: L'kOC2 SOttfll�a.RCflr ,
alanq saia smre o0 fr_t. �cre cr less, tn a+r tcss.erset:to++ ricn i llrte bearsag �r� ���°r"s �8 �inut-s Eass �ra a ooin= wrticts !s on a line
peirtrtq auut 10 degrees usL usa dlsunt fi1.34 feet fra� t�e aecual ootrts nf Oegtr.ntng: :.z'nc` Sai:n o7 deqre_s �8�lnutes w'sL :a tne snarr
af Tanaqer I.a1�r (fermerly Mud Lalce): tnmee Mar•arestnrlr ala+4 ene scrare af��a4��:aR m s:e ae..saliGOSC� af,Ce4tmm�q.tacc�rain9�raatae
L8 atntiLes WCSL tT'Od L'te 3C'-Itdl pOtnL Of bQ421itlttKj: :ACKe �n'� 67 dlqJ'KS .
c�verr�nt surrer �u,zcr. . '
�� . . .
. , . . ' _ _ _.�.:•� —_:�--:. —=:�-�r:''..�._-'_'... _—•-'.
� a�•i�.. _`Y�-. "" �3j"..i.- '.. —..... __ . —. . ..._, —_ _ �• � � _ _ _'��=C=_•.��""r'�'.^_.;'�"" �
•' .�x�: _ ... —_ ��...+R�:.c+c�-=�.r+:+.�r•'•r
�rLT.T.�r t ���t
�� r'�. �Y1•� �� �� � .�~ .._..... �,`I,�'��_ ��.�.�..Y��G�'>J���iM1����r�.����••.�r�.��'...^.�'�K'L�'��.���.
... �".� .�.�•_�. _ '•-'-...'__"' ��..�..��.� --....:�� � ' �. �.�..r ri ._ . . _ . � � .. .. . — �
u �
� "
�i '
� � � ���� �� �����
� � RESOLUTION OF THE CITY CDUNCiL �
� NO. 2674
• � • �
STATE OF MINNESOTA )
� ) ss. �
COUNTY OF HENNEPIN )
On thi s /�'�' day of �p-�2,m..�Q--� � 19 81
before me a Notary Public within and for said county, personally
appeared �C�. S � 2.i ��-P �S known to me to be
the person(s ) described in and who executed the foregoing
instrument, and acknowledged that he (they) executed the same as
his (their) free act and 'deed. .
. ��
-- - NOTAR PUB .
. . � .. • �� .
THER�BJ► {-��07�
�_ . . �orf'luor r�ieu0-
yt�i�i��'u'NaTMs-�
MY COMMISSION EXPIRES
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
On this ��}� day of , 198�, before me
Notary Public within and for •aid County, personally appeared
known to me to be the
perso s) described in and ehothee )• texecuted� the1 sametasmhis
and acknow ledged that h ( Y
(their) free act and deed. , . �
. . . . �� �
;.:�...._ . � B
�{t�tEAESI► t"M�N�'ESOi� NO ARY PUBLIC
. �j{ENN���
�� � �_�� .
L��
MY COMMISSION EXPIRES
Page 7 of 7
� .
' � ' • . . . , • ' '
. � '. ' . '
• • , . � F� y ' . • . . ' .
�. ' � � : . ,.� � . � � .
. • . � � . . .
. � �� �, � . .
. . . �.`X � � m2 . .
� p�� „_ . � .
. . . . p� � � � ,� . .
� . . �di'� ` . . _ ,m .
� ' �, . � _ D .. ....^^^- �' ` . .
' ' _.' _�i.�c:• �� ._ - _ - ' -... \ � . • � ,
: - . � ,� - - --_- ..ti: � ��
.r�.::�.- ,;�•.:; Y� �� ; .I� _. _ = _ �
' . .. • _-;�==_ ..,r 4 •�.. ,,rF w'a::� _�: ;�;3;:. `� �`1�
. • •�: 'Y;�=r;::=:�:',.-�x _ . _I._' I .� .. . :.:w � �•`1 �
. .:: -�.-.,_;: ' '' �
. '•=" `.�.�"�}--�:��3=•-:- .�:�_=- . ._, ':�%::�; ' ' ' , -``,ti
' . ' ��{�_-...,. ;.;�:� � J.'` `.• ;• '��-�`-� .
-•'!�=,�r: ���`-i:'.:;_ _.� ty D'. � Q i; ,� 1�
. . . • � ��" -- '•'' =-.::c _/� ••• D,-0 4 N r � ';` , � �
, • t�• [t` ' _ ,
'V ,� ��
. r_� - .. �_. •�• ` 1
. �� : I� :� �,� p� r. �� �,,,
. � ---•�� L • , . . •�, � ;j�'
. , ' � " ,h�r' ' � �r.�' 11
. _ �:'�� : �.,�Y: .� �,
• , � . � �'��._ ,- ;{,,: , • I 1.� �
. Q �- �c . p. �� ,. . . :��'�. . ' .� . .
' �'� ^'; � • .� v:��'� �' • �f. . .
. . . 0. . � `., ;� p .�._ . . '� _
. , � .�+'. ,�� � � � .. �'L� � � . ' ' ti �
. �� _�____ � ¢`. �� t • '� . • • ?o��
. .. • �� � -� � ��.��: I' • . -_ �y _ • '
.. s'.d�� � ..A ��. ., � ►. . � . � .
� � . � . ��< .- � �� .� . , . . . :
, , . r' • � T .. .q ;� � • '. � . .
v
, � � •N , ' � r � t7.Rjc.�NO .f6(Z:� 2fs, GAiZS� • : _ ' . ' ' . • .
• . • �. •• - • • •� /�Ftr�Glv 911�G ° . . .
�, • � ' • • � . . .
' , . p, -•4z-i,:r7s?'� - _ �-� , � ' . .
. .. : ....: ...� � � � � :�: ��t���. . . .
� � �. � - �<�� :.�� �� , . ���=---�:_�. :T�--- . - _--�--- __ . __ .� � .
�.f�n' �+r.s. •� �1�.�� . .
-�-._. __ . �. - . . . . . :.. ���., 9� . :.� .. � ' .� -' ------ :
�� '. ' . � _ . -- ' . . : •� I . �..: `�.i�.. _ w_-_._---�_.__ -----`_- • � ' • '.
i� • � . . .. . �"�_` ""''- .-- �------ `:'. �,�'•_- :� . -�" '"","�- .� . " . . . .
. � X ' ' '_f• •_•;,,•-._,-.,!mv � . . "/� .`•'��+�._ ' • • . •
�� •�:. �• , ' ..4?+�:11.. . .. ' . .. '." . .. ���•-�, ' . •
,.z.--�t�. �.g ,� . . . �;�:;�:• . `` -- ._,._.. _ . .
•, � � . � . , . .:.Fh=��; . ; . '��:.-� � _
I . ti ., .� , • ' � ',f� _:,�'�; • . . . :rp
.�'°. � � . � . ��,� � . �:.:` .. . � ..- "�`�-.:.�_. .- ' � . , . .. ,.,�.�, . � : . � .
0 � .�. .. . � � . , . , .
.f:��"���',..�.� .
� � . .. . d?��;r, � . . . .�� �� . � �. � �� . � � . Q . • • .
�_� , `+•, .. . � 'O',ai . ' , . .. : • .. . . ' _ ' • • r' . � • S
�•, 1 ' �� t ^ • ". _T-,.-_::�..L:..� _ -•"----` • .�.•''� •' . ,', p , �''' , . ._
• i. . . . "a�yT�.v'"�,rts�arl'.�y�i � . .. .j.�• �� l
. , �.�"-:-.��:..-._+a':s�tir'�a . . . •�.�,�.,�" I .
, ' _�'�'J.x_ ���i`Y'���.+�.yti, _ :� -�•
. ' • �' ,�y i �•♦ ' • _ • '•' , � ,\ . � ��� �
•� • !�1`'�:ti.}�.v�� r1�L� J� _
� -:�' _ ..�•7�.'l.ecF'+... #,' �y` •,1 � �.� \
. r.. ~i^_:£ " , t �F
�' + . :'~ .-c�=�'•�I, 'r . �� • '�' -� • � �� i
' -:�° __ --- -;::•::=`�.;:. �' � . r _ � �
' .� ; • � � "fi: :�:�^,__ � M �� N - � � � i
� - �"' a�a��"` .`i�•�.�I. � �� ' �
' . .� _: ';::.'�'"' � : � ,:� � ���~�: -
_ � __
. ' , x;""���:zc-c. � =_..�..:... _ • r �`.,� �. �► . ' . M ��
•�. .•t�:.. . i..-:.: `.>.•:-w' __ : �� , i� �•� ..� �-�.
-. •�;,,' ��.,w_t.,v; ��'"--�R
(� • . • i� ^' �_ --.�=.�'z:,•..,e"�-^Ts'--^ . � Y . � .
,s — . . �
� . _ .
� -
• - y -
'^r..,::.::' .
. :a�_ '- ' .
^�y:^" . '
�d,� • • . � '.;;�' �.. �,��.-.�::<k�::r�{- - � . , : x .
'I•tiY..A1Gh'Z ��"..,
� : _ZI�.�Riiq�•a'F;I\n•^��••����.,'�.�1,'44,!�'.�h� . . . .
T :Ycd� �
/� '�7_'.;_ ^/r� 1 ��
VI �V . =�=�s. ` •_ • �. _ I�J' • �. • .
�� . . _ �r�.==-''_�'�_ - f r �� • q ' '
-' ., " 4.-T'� ,.`r�� ,. - � �
�oll� � . . . • . :�---_- - '`'_` -- + �� r t i �a : � � � � � � . � . . .
r� �� � . . . • . -��• ,' '�� "�'' �F�l��� . . � � � � .
.�,� , . � . � . . � - ,� , .. � .j�1'�-..� . �� � . � . . �
�� . . _ � . . - _ �. � .. � . . .�` o . �� �. . p� . � . . .
� . . . . . .� . . .
�� . � .. . . . �° ' . , �,:: � � ,�� � � � .
r� � � • .�. ` � .� �► .r.... � - . ' . • • � , . .
; . � �.+� �- ;r•c.�::� ..-� ..�•.�.."ri y�t ..' , �, . . . . . . : � ' ' '. � . . . . .. .
!
. , ..,�.i���a"'�++....,. �..v•-.n-���r • • � . , . .
. , . '�'..� ...�` �f" ' �. . . . •
. , . � `!� v ..T 'r'. • . . • . ' . . . , , .
. 1. . � .• . ,I� - . , ' . ; • ' . .
• , , • ' . ''� • ' ' • .. ' . , •
�
` ���i r � ,� k , z�� � • >. E o o �
Y�' )' s n �; � �M". V'k. E o U rh _ . - O � O
/ p^ .�,r Y �, g o � a ° - - m.�U
. � ��`F� k+, 1 rr�� :G 9 �, O �� ' a • a . �•� O
9
i A w q �> �.. , L
� .� p ita �'�� � :�a pi � "r o �� ° . , ' U m m
• "�'g�'�� ��= ` '� p� c� a> , - . , � a+ ��'� E
y�, y `� �� � � r�G9�c � ., - �,� o m a� 1
-�� ° rt:� ,.�. r � ,. N � o N C
� � � � ',P�� h�O O W � ..`^ , e lf!_ U. N �
. ee�fi �, , ' t ' x+ �' 3 � U N � � U �� - � ' • T o �
p ' r �r L � ) (� E
� = i� .,_#� ; ,-., i a}� rUr � , _ - .N¢,�oi
'
���� J. � r� ���'� °S u o a
�r.� �ir„M:;,+ _� ��„_� �`� ��a o , `- ., " �o
�o
!� �_ g rti�.Prddo e ,A , °�d.1dN .
_ � "��< � ,,� � A+��� . N N . ,T.�" r N p ,
� . I 1. ,� . �knM�. � � A7 T
�..� •""�i ��I , � �� _� w�� G7 W W
n . . �Ge �.: e��'� a ��IiTI,.. p V` . • .p Ul.b
" � {'�k 17
...� ��.. i.�jg i, { �..� °�r a'��r�„�• ,: `,, ar.� ..U m m
= s . . 'j � v�.I9� - ' - . �'
� k :" v n' 3„°, �. '# .0 �Li r A`�y ` , • z���E
twy i+.4 � .-y 8;i' � � ( °��.. 1:� ��. '�J'� ° :+.�'�.O _ y.
t �1<� (� 4� *f ��!p ��� � � p V
1 � �j •Y
� � � '�T���. . P i ���� � �e�y .,11n'j � �°� +� �;tw�a O U�' .
F°�� •'i/_• ��'t �� �. ��ya * �F a. ��k��' _
■ hF. a '��r i �;e a t `T �c� �a c '*�t `� �.t r3� —
� � <A� �r ~� � r t �,�:� 7'`t� •+ �. 1� R"��i ' S
rr ..t' F M z �+ '"� ��<� ��} R
w
f`T °.e-' F �,5 A"
� .,..� 1i L` s x � , '" f z:, _
� ir °n
� _ �,� s �;ti -� `�,� ` _; , ,` �,� � k�_
ja_;w }y ,•�..�" „ +�� „r�'��
�:. � " ° � ..: �.�'"� S - 3't� .3 N`
p .����,.,,,�a �^�' .�. �- ,� �`���, <� � ; �
F g.�J x �� �� 1 "�� !�
, n,�� �� ���4 ��'9, . `�,%�
:�� ` � �` � �
4 ','
t i ��
^ _ . 6""+". � '��°°„�� ,"�,q+��
�t . ' d���� .eE N� �
. . �� t r� ..� � . a. �p�`Y r����r. '�[ty��� m
1w�' 7
°!'f� r �'�'.9. ''�" �y�'s�y..,,1,r�,.��.'� o�n�a'
.• a
c � d !
j { ti 41 .�.� li� # 6t �6�F �
�a ' }« 1 4�y i. �� t;�S"A �W'{z �
y�r � ,4 ���'Ila� �;�y��J,,,F�-;yEr�t'-'''�.i�q�F`.`'3_•'r� .n
i� � �,.�.1�t 4xf �:F _ �?> .I �" ��.�c-��a -3'$a'.wu",•t ,
w �_
�ti� � �;< �� ; � 1 � f ��',�;�°'' ,�„�s� _ w�,
��w o d �3 9' � 1• �" �' F � �,
�;�#T�s� ��� } � �, .idr.�'.'� ��+'a.. � �>
�fi���k� � i�"�� �'"�`^�4 � � d��+✓�"y'p�'
°:, L`� ��� 1 �'�s 3�";� t x°: :^'��;+'
M` � � �F � �t £��'r aa A _d,,��� :_�
�a' ti '�' • '" �y
� � �
� �, � y i s ��y9�ti 3¢�v
� i� .� ��� f ,: .
K� � �� "���
. i . � *�_ T 7r�'I'�",`� �
`y 1 � t �.�� ky,�.y�.� n .
� r. . 4 � . -;- t+f,
�!�r . ��d, � � � • -�+ � ��t.+ �.!
�r a ^ „� � ,- °' •� � r�.:.x� t a .:..a':.;
������1 ��� ���� � �.�f 4"`�C[�y.�`�� �.�
� a� ? z ��: Y ��r at� :��
r k� �� '-kp�K , ��` � �''��
, dJry�� ��} 4�i a. �R��w� ��ti�
� •d 7� �h 7��r i. �!�,,,� ,�
I i � �qq��gg'���+�.. W= � "1 �"��. ;�i
. �I ' ���e C � '''�L ���.,,� �*, ��
o° �r� j�
� �+� y
��
. I� F' ..J- ��. �j � a _,• �.
.� � � '` � n - � ' � .
' � �a�
��. ���.�� �t
�.. ,c f'y ? °
. �, �� � y. ��3� _ . e . . . �.:.;t
- 1 y �. ' . ' -�
� yi��� _ � ��
` R .
c;�a ��J�'.. � �� ' _
. . �_41�� � tA 1 �T'^ML 4 Sp3.�.. ..
. , i �._,� `.,(.e r� L N �' —h :'��-✓._ _
- "�'S.G'_.'.."£y.?"
• �
d
� �
0
Z �
�
0
N
�
�
�
W C�
�
` u G
�
■� e :. �
� � �
f � x r r U1
� � � � �� r ;, `
4° a t .�
.�t p>-- �.�k� `u �
� r..,',�` -- -�i
W �
� � �,�,`.
� � d'
,;�� �-�
.� {�y� �r,
� . � X � �
� ;� � •��.,'�'Y7 $�1�2y,
/�` . � �• ^R w
�`:� �� � .� �'
..I .�a� k ����f�� �,°.'
� �
L a ���� Y ,� �,
�r.
� { �, s �.� t 5 ex�,�rx� s�"'���..
� F ���q'�'� *'{` F3 3�' Y��t�]�,�,y�'��.p�y..d , a .A?�n
O^ '. � F�?4 �rr�'f. � v iy—,�,bkx�" F , �
i f.e Yi S:,.y"A tl . •�i+� r . �:.9:�
f tM � _ ��; - b I t:�
p � ' i
� � � CM � �
��q�� 3 ' °� Y i
��#�,��'_g��SF�4 y�,�'�Cb ��tYry ?
� �'�''m�,�`r�" n� ��e�,�`gj�° a T' '� �� '�,,. s,.'
,.�•�'i�v+�+y'� � ,.'�,��t4 �f "�' �+�:; '� ' �,�� �:.
�r fi� "� t r� E 1^' r..: ,te, d.:, .�y.i'a°'
�
� `�-� +°��-'�'' t`x+
):� '� . � '4lSR�'i�"h.,,,y� .:�j..�4 �.L' , K•-p�-,:
� Y
3 ;;F ', ��s �?F1 �,er�>��•��'rt,jj., y� c-r'r
ax
� �;. , ' ..
�1 �
�qre�x'°� .x�+'��- .��' ,�r � `� c
{� �.� -R�l�_� �,t ,�t�' rY�` ��,. �.
�i r��.y�iP A��..'z' Y_.:4� . �'� \ Y .-���", F
� � a._y ��.� �� 1 ',�.�}��-�r��� `'3 '�v;r '�f.�i
N ,� - � �.�-�-,: : ��,�� , � ��-�,, . �,
��, � k .r��r��� �~�� �� �r�
V . `"� � ,, *• „�:.,y
� � � ��'�;-�:s °� �, �' - '� ��, °o
�, - � ,�„�., : ��.�'�,�, °��`,��� r 'a �
� ��=- � � v�` � y�,��,���,���f �; s � � �,
yY t�.vtt �.�� e'A .� :- a�` '',
�� �� �� ��� � � � ,�,
� '� Ya ' �
�.�.,
� D Y YF� �L � �Y1' F.
'��'+ � �Id ��' tc '"'
� �.�ii;,,.i� i ��' �' �`*
� �.��� „�`��: a�::
� � �s. ti� �. � � f� tl�.
� :.: °'. �T�, ��:° � yY �' �� ^�b' . O
� '�...�' :�j .'t' _it � e `� N
i i'f,.` •'�'� �
s
\— �
�
f�"�`., '�,N O 'C
ca :.,;� � o
� � oW �
� � � LL o
Q Q o
a, o`
� �
�
� ��
Y
■� N
� � o �
♦V �
C � C
` 3 .
O
V c d c
O J m 0
O N � � O
N V � .4C C t�p
O � O N J .� o c
t a m i C � o �
�+
°' � c� a � �
�a
Q � ❑ ❑ 0 �
�
. PC Exhibit G i
• ;
� �
t j �
� � �� Hennepin County Maiting Label Map � �
� � ^`_� Provided By:Taxpayer Services Department �
i ;
! �
� ' .._,.... .....�e., .�.. .,,,,. ,q, r.,��.�.m s�+*.e .
� 4 � c '� d.; ; 3
� ��0�� Q �% i��� t � M 1 Y �
�� �.� _ X.. � i �
���,...-. � (� � ..� w& 2 , �1 T
�, G � �� ""+�!� v 'M 2 ��M F � � � ''`�� ` � - -��tis ��s� �
� Yk 4 } `� � � ��., ��[4 x y �.' 1 ; _ + -
; �.' 4 �� � �4�� � � ..
t� � �
N � { � � � If. k ��f �f 4k' �tT' N I(: i �i � 1 � � X :1 � � �.
?1 .,+ � �� d��r � k ' � �:� ���hS ., . : r �'t ,Y 9 : �- �� lt
f+ ! S. :1 L f o ��3�''1 l' �� � �' ( � � � � �� � �
,' } .. ,�,.,y"4 �_� � A n d !4 . S 5 1
a` 1- r� � �y�1u.� ,,�1. s 3;�,� � � + � �
4 j�' S d �f`J�. ' JS u
a � e ,,t �fi�'j ��.� g ' � v_ � �'a' +
' � � ti � .. p� � � ;I� 1 L ,` 1 N ` 2� ! u � ` ' � � y �� �
1 i ti£ A ht°: ' ,� k ��'� i7 �
6 � i r� i,
'` 1 � ;af � �6C t•r�� � �i.� �.. J"tqosb .. a1} t `' � ,k ., tw _. � y . ' ,
,
,: � _. ,•, .: , . .
�.. �t �.�p ,�y , .,"Z.ek :' t a� 1 ,�+ .^ `* a t:. sJ .
� � " t � 7 '., w y . �'�� � i
3 k k � t; �� S .'� 5t ' c.w� ti � �M S'�A td!''ry e t ..� ,'�f s � 1
x�:M �r�At'Z � -.,.r a -� C��J Y cM r � .. �r �a i
�^j1'; ' 3 f`k j �i��'t Y� '* [. .� 1�/ JL� �� ���� �
- �� �1� Z� � � � a �; `b f
rb` r y� ��1 {. ? d � ,F �"?,�7 #�,°`� ' tif ��f : �s .r �., �� � _,,
4 v �I r "� A• 'c.i� l�+��, � N �S ,Er�y k z S'�Jaa �'da F .�, n � ° �� u
�+ < t � .,. t } y� �.d�� 'v t �.',, ;
� s ,K �� � � ��y 4�g � � 94 4 r� i � �a .
4 � � � Y � �� ;_ � � .;
�.;rr e� ,� � r� � �ry.T, u'� n o tid i�� f� � r ? 1� �
� " b �i '' ,"s" ro �`rtL.,�f �y �h�.'i �.,� .+y r,k � i f
��� Vj � t :� .c � .�."i W � �.,>", } �.�f ` ` r .�s 1 �
� ` ^ � �., 1 ,ur � q�� �� . v. `` 4 i a :,r � .
0.. r 1� . 7 ° 4;. s ° �. .Y .j� �F- � �' r. 1�
� T ' � � 3 � ',y �
! : T _4 � i� 1 t,.,� A y�� _ ` `;l � a4 � ,
i9 � ��F � 'w ; ' � ��-> �r � � � .
3 �` 1 � 'V � . t L k y 1'n Y . '@_� i � � � u, R V i
1� : 7 '�'• �� r, yyy i ��-4rT� 4 , f � f�Y �� s � -w I .�,3 i. 1 M .1 �
I� .!kn �RI ����•�f 4 ��~ � � � 4 ,�.S�I k i ` t �� ] 1' � . 4' �
� * d' lA {s � t�_:;f �3.. 7 T:r 3 .y f s�. �i + .Y ! Y+ .v� ', t �2 �. ',.
; ��
� '' � '� � 1 '9' �''A� �� "ta k 4 '.?Z y "r � t � .
�� ° ,` � � „ .� , s C�� �. +. .� ,: , �i
. � � � �� �` �1. �''� � .� � i1'i � � �
� .'� ��t r ti" ,�a q�,. � ,'� 'r� '•� � t I � J+ �
� ;v � _ ee� � fiCi _ _ � 4 �. at .y 7i � � �
1� `',� ' �' r ���� � ���. �aJ r }* t y � I� ; ,;„ r��: )
� � .T r S . �..' } � ' 1. 1 � I
; i ! t ..' i �� 4 ,yt'' �� } � t ♦ f 4 �.� i N j
�� ' _� " � '11-"i'f7 �3 Z3 ' � ; ; � ' ;� r °3s ;�
{ • t ;;
t ` t „ ' �
x =, _ � ��� .� t ' �t� 11� 2�3 ��"� w ;`
.5.. ;... .... . ., .. . ,� s._.,........ c.�.u._....�..._r.x�nw��.....a.s .-n.�..�za.'w�.0 iF ,3`C�...... } �....._._a.�....r,+w�.rv.... � w.�.+. ' �� 1
� .. �. : � . . .. . : � ' ' +
' . .. . .sw,..� ...:. .w:,...s a tr. .w......�.....,.,.✓�:i.......... ... a ......�: I
� 1 For more information contact: Print Date• 2/24/2011 � �ap Leg,end:� � i
�Hennepin County GIS Division
�300 South 6th Street Map Scale: 1" = 283' . � 1
� i Minneapolis,MN 55487 f
Buffer Size: 3 5 0 fee t :;;.;',�;: �yfater Major Roads � �
t gis.info@co.hennepin.mn.us . ` ��
� � Park Minor Raads I f
� �Map Comments: � � Parcel �� ` i
� �-Type Comments Here- . � � Buffer Region r� . \,�%`d i ��
� ! '''' '" Selected Farcels �� � �
I , �
� � !
� i � ' I iliNt
' '�'��'! ' NENNEPIN �
� ��r� r �
�"�i I
� I , t �
f ' , � � �
� �_����
I
FEB 25 �nt1
�ITY OF OF�NO
RUN DATE: �4/2011 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM(PROPERTY OWNERS LIS1) PAGE: 1 •
38 ]1-117-23 21 0001 38 I1-117-23 22 0004 38 11-117-23 22 0005
RLA FAMILY L P TANAGER BAY LLC TANAGER BAY LLC
1449 SHORELINE DR 1440 SHORELINE DR 1442 SHORELINE DR
RLA FAMILY L P TANAGER BAY LLC TANAGER BAY LLC
3205 CRYSTAL BAY RD 294 GROVE LA E#100 294 GROVE LA E#100
WAYZATA MN 55391 WAYZATA MN 55391 WAYZATA MN 55391
38 1 I-]17-23 22 0006 38 I 1-117-23 22 0�07 38 1]-117-23 22 0010
BROWNS BAY LLC BROWNS BAY LLC BROWNS BAY LLC
1444 SHORELINE DR 38 ADDRESS UNASSIGNED 38 ADDRESS UNASSIGNED'
BROWN'S BAY LLC BROWNS BAY LLC BROWN'S BAY LLC
294 GROVE LA E#]00 294 GROVE LA E#]00 294 GROVE LA E#100
WAYZATA MN 55391 WAYZATA MN 55391 WAYZATA MN 55391
38 11-117-23 22 0013 38 11-117-23 22 0014 38 I1-117-23 22 0015
CITY OF ORONO L E&J L BORN TRUSTEES S D FELDSHON&A G FELDSHON
38 ADDRESS LTNASSIGNED 1432 SHORELINE DR 1420 SHORELINE DR
CITY OF ORONO - LAUREN E&JOYCE L BORN S DAVID FELDSHON MD
P O BOX 66 1432 SAORELINE DR ARCHELLE GEORGIOU MD
CRYSTAL BAY MN 55323 WAYZATA MN 55391 1420 SHORELINE DR
. WAYZATA MN 55391
I CERI7FY THAT THE FACTS REPRES kCC, � AND TRUE PRESENTATION OF INFORMATION
AS IT APPEARS THIS DATE ON THE REL�O F � OUNTY T •fPAYER SE CES DEPARTMENT.
oATE: FEB Z 4 2011 BY�/� .
rLL .
R����*���
� FEB 2 5 2011
CIT''Y C3F ��O�O
• � �'Municode Page 1 of 7
• PC Exhibit H �
, �
,.,. � __.._� .Y �
� Orono, Minnesota, Code of Ordinances» Title VI -LAND USE» Chapter 78 -ZONING �
l REGULATIONS » ARTICLE IV. -DISTRICT REGULATIONS» DIVlSION 13. -B-2 LAKESHORE ;
I BUSINESS DISTRICT» '•
------�----------------._...__..__.._._..._._.__...---------__....___._.__.___
� ----._......_._._._......_....__. ...... ._.... .. . _....... ._ ... _.. �__._..__.... ----- �----_.__. !
I �
DIVISION 13.-B-2 LAKESHORE BUSINESS DISTRICT I
j
Cross reference—Businesses,ch.26, �
� Sec.78-661.-Definitions. �
Sec.78-662.-Puroose. �
Sec.78-663.-Business Iicense reauired �
Sec.78-664.-Site olan review.
Sec.7&665.-Permitted uses. �
I
Sec.78-666.-Conditional uses. �
Sec.78-667.-Accessorv��Ps. '
Sec.78-668.-Parkina reauirements.
i
Sec.78-669.-Yards. ' �
Sec.78-670.-Landscaoina ereas.
Sec.78-671.-Additional oerfortnance standards. �
I Sec 78-672 -Area heiaht lot width and vard reauirements !
� Sec.78-673.-Setback.hard cover and tree removal reaulations �
� Sec.78-674.-Drainaqe. �
� Sec.78-675.-Nonconfortnina use. ;
� Sec.78-676.-Variances. �
I ' Sec 78-677 -Reaulation of structures within the lake•adoption bv reference i
'I Sec.78-678.-Reference to other ordinances. '.
i Secs.78-679-78-700.-Reserved. ;
i �
, '
� Sec. 78-661. -Definitions. ;
i
j The following words,terms and phrases,when used in fhis division,shall have the meanings ascribed to f
i them in this section, except where the context clearly indicates a different meaning: �
{ �
! Charter boat means a watercraft carrying passengers for hire on Lake Minnetonka and which is required '
� to hold a certificate of registration from the Lake Minnetonka Conservation District. �
Marina business means engaging in one or more of the permitted,accessory or conditional uses allowed �
� within the B-2 lakeshore business district. �
� I
I (Code 1984,§10.41(2);Ord.No.132 2nd series,§2,1-23-1995)
i • �
( Cross reference—Definitions generally,§1-2. �
� f
� � Sec. 78-662. -Purpose. ;
j The B-2 lakeshore business district was originally intended to provide areas where limited commercial }
businesses could be located to service boats used for recreational purposes on Lake Minnetonka. However, �
many of the operators of the lakeshore businesses have stripped the trees and vegetation from the shorelands �
and have expanded the operations so that now the B-2 lakeshore business district adversely affect the lake
� water quality and the real estate values of adjoining properties.The purpose of this division is to provide i
� regulation of these businesses in a manner that will ensure protection of adjacent residential properties which �
� have previously suffered from the unregulated expansion of commercial activities,while protecting and �
� enhancing the quality of the lake and shoreland environment. �
i
' (Code 9984,§10.41(1);Ord.No.132 2nd series,§2,1-23-1995)
� i�
� • '
i � Sec. 78-663. -Business license required. i
http://library.municode.com/print.aspx?clientID=13094&HTMRequest=http%3a%2f%2fli... 11/4/2010
• -Municode Page 2 of 7 '
� Each marina business within the B-2 lakeshore business district shall obtain an annual marina business � .
� license per the provisions of this Code. . ;
� ;
(Code 1984,§10.41(3);Ord.No.132 2nd series,§2,1-23-1995) �
i
!
' I
� � Sec. 78-664. -Site plan review. - �
,
All site plan reviews in the B-2 lakeshore business district shall be reviewed as set forth in article II, i
division 4 of this chapter. j
�
. �
(Code 1984,§10.41(4);Ord.No.132 2nd series,§2,1-23-1995;Ord.No.68 3rd series,§5,2-8-2010) ;
1
�
� Sec. 78-665. -Permitted uses. �
�
� Wdhin the B-2 lakeshore business district, no land or structure shall be used except for one or more of �
the following uses: :
��� Rental of in-water boat slips. i
�2� Sales of boats, motors,trailers and marine accessories. '
�g� Repair and servicing of boats. �
j �4� On-land storage of boats,winter and summer. ;
�5� Marine fuel sales. �
�g� Bait and fishing tackle sales. �
(Code 1984,§10.41(5);Ord.No.132 2ndseries,§2,1-23-1995) �
�
i ;
i � Sec. 78-666. -Conditional uses. '
� ;
No conditional use permit shall be granted unless the property is found to be in compliance with the +
� landscaping and screening requirements of this division.All conditional use permit applications shall be �
� reviewed in accordance with the provisions of article V of this chapter.Within any B-2 lakeshore business I
- district, no structure or land shall be used for the following uses without a conditional use permit: �
�
��� Boat clubs(time share).The applicant shall demonstrate that adequate parking is available on the �
� site. I
(2) Public boat launching, on-demand (on-demand launching of customer-owned boats stored on the ;
� business site).The applicant shall demonstrate that adequate parking is available on the site. �
� Approval shall be subject to Lake Minnetonka Conservation District(LMCD) permit for such use, �
� but the c'ity shall not be obligated to approve such use if approved by the LMCD when parking is
� inadequate. a
' (3) Public boat launching,transient. (Launching of boats via a ramp or other means for or by ;
� customers when such boats are not stored on the site).The applicant shall demonstrate that !
� adequate car-trailer parking is available on the site. Hours of operation shall be at council ;
; discretion. �
� (4) Charter boat port of call.A charter boat port of call shall be defined as a location where a charter !
boat may pick up passengers other than the owner or operator or employees of the charter boat, i
whether or not the charter boat is normally berthed on the property.The city may place �
I appropriate conditions on a charter boat port of call regarding minimum parking requirements, j
� hours of operation,etc., as may be appropriate to protect public interest.The applicant shall �
demonstrate to the council that all such conditions are met. �
i (5) One caretaker dwelling unit, subject to conditions and limitations for such use that may be '
� imposed by the city council. i
1 (Code 9984,§10.41(7);Ord.No.132 2nd series,§2,1-23-1995) +
i �
I I
i
I � Sec. 78-667. -Accessory uses. i
� Within any B-2 lakeshore business district,the following uses shall be permitted accessory uses: ;
http://library.municode.com/print.aspx?clientID=13094&HTMReques�http%3a%2�/o2fli... 11/4/2010
. • -Municode � Page 3 of 7
��� Signs,as regulated in this chapter.
i �2� Boat head pumpout/sanitary boat waste dumping facility. ;
�3� Fishing toumaments, subject to all other permit requirements of this Code. i
�4� Sale of prepackaged foods or food from vending machines. Prepackaged food includes only food �
which has been professionally prepared at a location other than on the premises and does not i
include full-course meals or any food preparation other than warming by use of an infrared or �
, microwave oven. Sale of food from vending machines is allowed. !
(5) Dive shops. ;
(6) Clubhouse(assembly/lounge/kitchenette area for use by slip rental or boat club customers only). !
(7) Lessons/teaching (sailing schools, etc.). �
(8) Rental of boats. ;
(9) Sailboard sales/rentaL � �
(10) Ice boating sales/rental/service and operations base.
(11) Ice fishing tackle sales. i
(12) Cross-country ski sales/rental/service. �
t
(Code 1984,§10.41(6);Ord.No.132 2nd series,§2,1-23-9995) !
� !
�
� Sec. 78-668. -Parking requirements. ;
�
Within the B-2 lakeshore business district,the off-street parking facilities shall be sufficient to eliminate �
any traffic or parking congestion likely to be caused by the business conducted.The parking areas need not be i
paved but shall be provided with appropriate stormwater runoff qualitylquantity controls as may be required in j
this division.The minimum parking requirements shall be as follows: i
�
(�� Six parking spaces shall be provided for each ten boat slips on water or on land. . j
�2� At least eight off-street parking spaces, plus one additional space for each 800 square feet of floor �
� area over 1,000 feet, including warehousing,and all outside sales and storage areas related to �
the sales and service functions. �
(3) If the proposed use is to include the launching of boats owned by the public for the day from ;
� trailers(i.e., public boat launching,transien#),ten additional autatrailer parking spaces shall be ;
provided for each ramp. `
� (4) If the proposed use is to include a charter boat port of call,one addifional parking space for each �
; three seats of gross charter capacity shall be provided,or a plan for off-site parking and shuttle f
' service shall be provided to the city subject to council approval. i
i . (5) The required parking spaces may not be separated by a public roadway from the dock,a storage
� space, mooring space,floor space or ramp they are designed to serve. {
(6) Required off-street parking space may not be utilized for open storage of goods or for the storage (
� of boats;except that during the winter storage season each year,the required off-street parking �
may be used for winter storage of boats, provided that 20 percent of the required parking spaces ;
remain as a functional parking area.During the transition seasons(April 15 to May 31 and `
� September 16 to November 15),adequate parking shall be maintained on the site,sufficient to i
eliminate traffic or parking congestion;but in no case shall parking be reduced to less than 20 �
percent of the required spaces. !
i
(7) Parking may not be allowed in any required yard or landscaping area.
! (8) Employee parking spaces shall be in addition to the parking spaces required in subsections(1)— �
� (7)of this section.The number of employee parking spaces shall be designated on an official �
� parking plan to be kept on file with the city. !
(9) Where these minimum parking requirements prove to be inadequate for a given use,additional !
i parking may be required in order to continue that use. ;
j (Code 1984,§10.41(8);Ord.No.?32 2nd series,§2,1-23-1995) ' '
E I
I ;
� � Sec. 78-669. -Yards. �
j The minimum required yard areas for the B-2 district shall be landscaped and planted with evergreen 1
and deciduous shrubs and trees in accordance with a detailed landscape plan. Storage of boats,vehicles, i
equipment and materials shall not be allowed within any required yard. }
j (Code 1984,§10.41(9);Ord.No.132 2nd series,§2,1-23-1995) ;
http://library.municode.com/print.aspx?clientID=13094&HTMRequest=http%3 a%2f%2fli... 11/4/2010
• -Municode Page 4 of 7 •
� � Sec. 78-670. -Landscaping areas. i
in addition to the landscaping required in the required yard areas for the B-2 district,the following i
landscaping areas shall be landscaped in accordance with the following provisions: i
i
�q� The minimum landscaping areas shall be as follows: �
a, The lakeshore landscaping area shall be an area that is parallel to the entire lakeshore '
adjacent to the licensed marina operation and equal to ten percent of the average lot ;
depth,but in no case shall it be less than ten feet nor more than 75 feet.Breaks in the �
landscaping area for access to the lake shall not exceed an aggregate width of 30 feet for �
each marina operation. !
b. Side yard landscaping area shall be an area that is parallel to the side lot line and not �
within the lakeshore landscaping area or front yard landscaping area and shall not be less i
than ten feet deep. • -
c. Front yard landscaping area shall be an area that is parallel to the street or opposite the �
lakeshore landscaping area and shall not be less than ten feet deep. Breaks in the �
landscaping area for access to the public road shall not exceed an aggregate width of 50 �
feet for each marina operation. �
(2) The detailed landscape plan for each landscaping area shall provide for a natural woods area j
containing primarily evergreen and deciduous trees not less than six feet in height. Shrubs not I
less than two feet in height shall be interdispersed among the trees so as to eventually provide,at �
maturity,a natural screen that will not be less than 50 percent opaque during the summer months.
No uses shall be allowed in the landscaping area except the required landscaping and access j
roads.A privacy fence may be required in addition to the natural landscaping which has been I
planted to meet the requirements of this district.The use of any fencing shall not satisfy the ;
requirements of providing natural landscaping and solid visual screening.Any yard area requiring i
landscaping to meet the requirements of this district shall be planted with nursery stock, balled j
and bagged trees and shrubs.All landscaping shall be maintained in a healthy growing condition. ;
(3) All the required improvements in the landscaping will be completed prior to the date of issuance of �
an occupancy certificate or as otherwise provided by this division,whichever date occurs first.
(4) All landscape areas shall be sufficiently delineated by berming, curbing or other acceptable
physical barrier so as to eliminate the encroachment of vehicle parking,winter and summer boat
( storage,and other materials or equipment storage into the required landscape areas. �
i (5) All ground cover in the required landscaping areas shall be natural living materials, such as grass
or other planted ground cover. Decorative rock beds and the like,whether or not lined with plastic,
� fabric or other weed inhibitors, shall constitute no more than ten percent of the required landscape i
� areas.
1 (Code 1984,§10.41(10);Ord.No.132 2nd series,§2,1-23-1995) i
it ,
i 1
I �
� � Sec. 78-671. -Additional performance standards. +
Within the B-2 lakeshore business district, any land use must meet the following performance standards: �
� ��� Suitable sanitary facilifies connected to public sanitary sewer shall be provided on the premises j
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, including head pumpout facilities and a f
designated porta-potty dump station. i
(2) Insofar as pracficable,all means of access to the operation 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.All 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.All access roads from the operation to any unpaved public roadway shall be �
treated to minimize dust conditions at least to the extent the unpaved public roadway is dust
controlled.
�
i (3) All lighting on the premises shall be shielded so that no direct glare can be seen from adjoining (
residences,from the lake or from the roadway. �
(4) The hours for running engines or operating any boat engine for the purpose of charging batteries, i
running auxiliary equipment or testing shall be between the hours of 8:00 a.m.and 6:00 p.m. j
Noise shall be limited per the provisions of this chapter. �
(5) The maximum hours of operation for retail sales and service functions shall be 7:00 a.m.to 10:00 �
p.m., except as necessary to support normal(nontoumament)fishing activity or private i
(noncharter)use of the boats stored on the premises, unless other permission is specifically �
, granted by the council. �
http://library.municode.com/print.aspx?clientID=13 094&HTMRequest=http%3 a%2f%2fli... 11/4/2010
� • Municode Page 5 of 7
I �g� Persons in charge shall at all times keep the docks, sea walls and premises in a neat and orderly �
manner and free from trash, rubbish, repair parts, machinery, equipment and debris of all kinds. ;
i (7) Persons in charge shall prohibit the dumping or throwing of garbage, paper, bottles, cans,refuse M
, or debris into waterway. Persons in charge of mooring areas shall provide garbage cans of �
I sufficient size to hold garbage or refuse to be collected. Dumpsters shall be screened so as to not i
be visible off-site.
(8) No commercial docks or boat buoys shall extend further into the waters of any lake than is �
reasonably necessary to accommodate the docking and mooring of such craft as shall j
customarily and lawfully be used on the lake or so as to interfere with,obstruct,tend to obstruct, �
or render dangerous for use or passage a body of water within the primary harbor limits of the �
city.The length of docks and the location of buoys shall be regulated by this Code.All such
commercial docks and wharves shall be constructed and maintained of such materials and of
such type of construction as will not render them unsafe or likely to endanger public enjoyment of �
the waters.The use of nonencased expanded-bead polystyrene foam as a dock flotation material �
has been prohibited in section 90-1. Commercial docks shall be maintained in a neat and orderly �
manner at all times. !
` (9) If on-land boat storage facilities are provided,the boats shall be stored in such manner that they �
I do not create a fire hazard.Any outside structures for the purpose of storage of boats may not �
� exceed 15 feet in height. On-land boat storage areas may not be located in the required yards or !
landscaping areas.The premises shall at all times be maintained in a neat and orderly manner. i
� (10) Any gasoline offered for sale or stored on the premises shall be placed in tanks or containers as
may be required.by the council, and as required in chapter 46,article II. Such tanks or containers �
shall be stored in such a manner and locafion so as not to create a danger to the community. �
(11) On-land boat density shall be as follows: �
a. Summer boat density.The number of boats stored on the premises for any and all reasons i
I shall not exceed that number which can be safely stored in allowable locations while �
maintaining appropriate ingress,egress and emergency access to the site,as well as !
maintaining the required number of acceptable parking spaces. Boats shall not be stored in �
� required auto parking spaces during the summer months(June 1 through September 15).
b. �nterboat density/storage.The number of boats stored on the premises for any and all
` reasons during the winter season(November 16 through April 14)shall not exceed that �
( number which can be safely stored in allowable locations while maintaining ingress, egress �
I and emergency access to the site,as well as maintaining the required number of winter �
� parking spaces. �
� c. A site plan designating the location of summer and winter boat storage shall be submitted i
for council approval no later than three months after January 23, 1995,and shall require i
; council approval for any future revisions. �
� (Code 9984,§10.41(1?);Ord.No.132 2ndseries,§2,9-23-1995J �
C
!
� Sec. 78-672. -Area, height, lot width and yard requirements. �
I
� I
� �a� Height. No structure or building in any B-1 district shall exceed 2'/2 stories'and shall not exceed 30 feet in i
� height. t
(b) Minimum requirements.The following minimum requirements shall be observed: !
(1) Lot area,two acres. !
(2) Lot width parallel to lake,200 feet. � . �
(3) Lot width perpendicular to lakeshore,200 feet. �
�
i (4) Lakeshore yard, 75 feet. i
(5) Side yard,ten feet. l
(6) Front yard along street,30 feet.
(Code 9984,§10.41(12);Ord.No.132 2rtd series,§2,1-23-1995;Ord.No.18 3rd series,§3,9-27-2004) ;
� �
�
� Sec. 78-673. -Setback, hard cover and tree removal regulations. `
All property in the B-2 lakeshore business district is subject to the requirements of article IX of this �
chapter. In addition,the following standards shall apply: j
� ,
��� Lakeshore setback regulations.The building setback from the shoreline shall be 75 feet. �
�2)
http://library.municode.com/print.aspx?clientID=13094&HTMRequest=http%3a%2f%2fli... 11/4/2010
° � "Municode Page 6 of 7 `
; Setback to residential. No operation or activities except for storage and parking may be j
� conducted closer than 50 feet to the boundary of an adjoining property line which property is used !
for residential purposes. �
� (3) Setback along streets. No operation or activities except for storage and parking may be �
conducted closer than 50 feet to the right-of-way of any existing street,road or highway.
+ (4) Lakeshore hard cover regulations.Within 75 feet of the shoreline there shall be no excavating, i
� filling,hard cover,temporary or permanent structures.Within 75 to 250 feet of the shoreline,there I
( shall be no greater than 25 percent hard cover.Within�250 to 500 feet of the shoreline,there shall i
� be no greater than 30 percent hard cover.Within 500 to 1,000 feet of the shoreline,there shall be �
no greater than 35 percent hard cover. �
� (5) Tree removal regulafions. No trees within 75 feet of the shoreline with a diameter of six inches or
more shall be removed without first obtaining a permit from the council.Tree removal and other ;
( vegetation management shall be in accordance with the ordinance. 1
�
i (Code T984,§�0.41(13);Ord.No.�32 2nd series,§2,1-23-1995) �
. �
�i {
� Sec. 78-674. -Drainage. ;
I No land shall be developed and no use shall be permitted that results in water runoff causing floods, j
( erosion or deposits on adjacent properties.Site and drainage plans shall be submitted by the applicant any �
I time a new use is applied for,whether through subdivision,variance, conditional use permit or building permit. �
( Such plans shall be provided in such detail as required by the council,and those plans shall be reviewed by the
city engineer before submission to the planning commission and the council for approval.Such stormwater �
runoff may be required to be properly channeled into a natural watercourse, ponding area,storm drain or other
public facilities.Construction of facilities to manage the quantity and quality of stormwater runoff may be �
required.Any change in grade affecting water runoff,whether onto adjacent property or otherwise, must be in
, compliance with the surFace water management plan and articles UIII and IX of this chapter,and shall be
consistent with other applicable regulations or provisions of this Code,and is further subject to the approval of i
I other agencies having jurisdiction over the area affected by the drainage. !
� (Code 1984,§10.41(14);Ord.No.132 2nd series,§2,1-23-1995) j
i - �i
( �
! � Sec. 78-675. -Nonconforming use. i
; Notwithstanding any other provision ofthis division, any nonconforming use of land not involving a i
structure and any nonconforming use involving a structure with an assessor's fair market value on January 1, (
1975,of$3,000.00 shall be allowed to confinue as a nonconforming use subject to the provisions as set forth in (
article II, division 2,of this chapter. �
I ' I
(Code 1984,§10.41(15);Ord.No. 132 2nd series,§2,?-23-1995) '
�
�
�
� Sec. 78-676. -Variances. }
i
�a� Variances may be granted to the provisions of this division in accordance with the provisions set forth in �
" article II,division 3, subdivision II, of this chapter. � ;
' (b) The council may grant a variance allowing a four-year installation and planting period to meet the �
requirements of the landscaping and planting provisions of this division to any applicant who: ;
(1) Submits a detailed landscape plan showing sufficient planfing and landscaping in each of the four �
, years in order to provide at the end of the four years a natural screen that will not be less than 50 �
percent opaque during the summer months and not less than 25 percent opaque in winter.
� (2) Submits a four-year planting and landscaping plan which shall provide that in each year of the
� plan at least 25 percent of the necessary landscaping and planting(as determined by the council i
• � as of May 1, 1995) be planned and completed for each required landscaping area according to
the other provisions of this division.The council may vary this requirement in order to allow a !
� higher percentage of the landscaping and planting in any required landscaping area and credit the �
� applicant for the landscaping and planting which otherwise would be required in othee landscaping i
� areas. !
_ ,
� (Code 1984,§10.41(16);Ord.No.132 2nd series,§2(10.41(16),10.49(17)),1-23-1995) �
I . .
http://library.municode.com/print.aspx?clientID=13 094&HTMRequest=http%3 a%2f%2fli... 11/4/2010
� � � ��Municode Page 7 of 7
� � Sec. 78-677. -Regulation of structures within the lake; adoption by reference. i
The city adopts by reference and makes a part of this chapter as if fully set forth in this division,chapter '
� II of the Lake Minnetonka Conservation District Code as codified on May 27, 1988,including sections 2.001 �
i through 2.12 and subsequent amendments.The city expressly reserves the right to deny any variance to the �
� provisions of chapter II as amended, even though the same variance was granted by the Lake Minnetonka �
iConservafion District. �
I
(Ord.No.132 2nd series,§2(10.41(18)),1-23-1995) . I
.., j
. ;
I � Sec. 78-678. -Reference to other ordinances. '
I �
This division is expressly conditioned upon the effectiveness of the ordinances of the Lake Minnetonka •
Conservation District pertaining to marina regulations; and if all or a portion of such ordinances are declared �
invalid by a court of competent jurisdiction, no marina shall have a longer dock, more boat slips or more boat �
� buoys than what was permitted by the terms of that ordinance on the date it was declared invalid,or than was i
last approved by the Lake Minnetonka Conservafion District,whichever is less.The city expressly reserves the �
power to be more restrictive in its regulation than the Lake Minnetonka Conservation District Ordinances if the +
public health,safety and welfare of the citizens of the city so requires. �
(Ord.No.132 2nd series,§2(90.41(99)),1-23-1995) !
I
(
f i
, � Secs. 78-679-78-700. - Reserved. �
4 I
http://library.municode.com/print.aspx?clientID=13094&HTMRequest=http%3a%2f%2fli... 11/4/2010
' Municode PaaP 1 nf�
• � PC Exhibit I �
'
�
1#
Orono, Minnesota, Code of Ordinances» Title VI - LAND USE » Chapter 94-WATERWAYS » I
ARTICLE III. - MARINAS » DIVISION 1.-GENERALLY» (
_ __._�.. __�._.__.._..___._...._..__ • (
DIVISION 1.-GENERALLY
Sec.94-71.-Definitions.
Sec.94-72.-Zonina standards. i
Sec.94-73.-Desiqnation of orimarv onerator. ,
Sec.94-74.-Ooeration standards. �
Secs.94-75-94-95.-Reserved. i
i
� Sec. 94-71. -Definitions.
The following words,terms and phrases,when used in this article,shall have the meanings ascribed to �
them in this section, except where the context clearly indicates a different meaning:
Boat slip, water, boat slip, land, boat slip,permanent, and boat slip, transient,shall have the meanings
I given them in section 94-36. '
Business of docking, mooring or storing boats means renting or otherwise providing space, including �
boat buoys,for docking, mooring or storing one or more boats belonging to persons other than the owner or i
occupant of the property, except when licensed as a joint use.
I
Business use means engaging in either a marina business or the business of docking, mooring or +
storing boats. �
Marina business means engaging in one or more of the permitted, accessory or conditional uses allowed
within the B-2 zoning district. �
�
�
(Ord.No.117 2nd series,§2(5.43(1)),6-28-1993) � i
I
Cross reference—Definitions generally,§1-2. �
� Sec. 94-72. -Zoning standards. '
Businesses required to be licensed under this article shall be subject to the requirements and (
performance standards of the B-2 zoning district. '
I
�
(Ord.No.117 2nd series,§2(5.43(5)),6-28-1993) i
I �
Cross reference—Zoning,ch.78. f
(
� Sec. 94-73. - Designation of primary operator. �
The primary business operator on the property shall be the licenseholder and shall be responsible for �
notifying the city of any and all businesses subleased on the premises. Such secondary businesses shall not be
separately licensed but shall be allowed only when in conformance with the provisions of the B-2 zoning district 1
standards. �
(Ord.No.117 2nd series,§2(5.43(5)(B)),6-28-1993)
� Sec. 94-74. - Operation standards. I.
Each business licensee shall adhere to the following minimum operation standards: �
http://library.municode.com/print.aspx?clientID=13094&HTMRequest=http%3a%2�'/o2fli... 1/28/2011
. Municode � Page 2 of 2 '
��� Parking facilities on the site shall be managed so as to eliminate traffic or parking congestion, I
eliminate illegal on-street parking, and avoid pedestrian traffic through neighboring property.
(2} Boat enginetesting and charging shall be limited to the hours 8:00 a.m.to 6:00 p.m. �
(3) Retail sales and service shall be limited to the hours 7:00 a.m.to 10:00 p.m.except as necessary `
to accommodate normal fishing activity or private use of premises-stored boats. �
(4) The site shall be kept neat and orderly,and free of garbage. '
(5) On-land storage of boats shall be managed so as to eliminate any view obstructions for traffic I
�entering and leaving the site.
(6) Parking and on-land storage of boats,trailers, materials and equipment shall be limited to those
locations shown on an approved site operation plan,which plan shall be submitted or updated as
part of tlie annual license application.Such site operation plan shall also indicate seasonally
variable uses. �
(7) Lights shall be shielded from the road,the lake and adjacent properties.
(Ord.No.117 2nd series,§2(5.43(5)(C)),6-28-1993) i
I
� Secs. 94-75-94-95. - Reserved. ` �
�
,
http://library.municode.com/print.aspx?clientID=13094&HTMRequest=http%3 a%2f%2fli... 1/28/2011
' Municode Page 1 of 2
Orono, Minnesota, Code of Ordinances»Title VI - LAND USE » Chapter 94-WATERWAYS » (
ARTICLE 111. - MARINAS» DIVISION 2.-LICENSE» �
^ _.�_...._.____._— .— �
i
DIVISION 2.-LICENSE 'I
I
� �
Sec.94-96.-Reauired.
Sec.94-97.-Aoolication.
Sec.94-98.-Hearina.
Sec.94-99.-Insurance reauired.
Sec.94-100.-Business use licenses limited to B-2 zone. �
Sec.94-101.-Revocation.
Secs.94-102-94-135.-Reserved.
� Sec. 94-96. - Required.
It is unlawful for any persons to engage or participate in a business use without first having obtained an
annual license from the city.
(Ord.No.117 2nd series,§2(5.43(2));6-28-1993) �
�
� Sec. 94-97. -Application.
Any person or group of persons making license application for a business use shall do so on forms I
provided by the city and shall provide such information as may be deemed necessary by the council in order to
act on such application.The fee for license application shall be set by resolution. I
(Ord.No.117 2nd series,§2(5.43(3)),6-28-1993) �
I
�
� Sec. 94-98. - Hearing.
Upon filing of any application for a business use license,the council may call a hearing upon such notice
as it may deem appropriate. No such hearing shall be mandatory but wholly within the discretion of the council,
except that a hearing shall be held at the request of the applicant in cases of license revocation or denial.
(Ord.No.117 2nd series,§2(5.43(4)),6-28-1993)
� Sec. 94-99. - Insurance required. i
Each business shall provide certification of liability insurance coverage for the duration of the license �
period. l
(Ord.No.117 2nd series,§2(5.43(5)(A)),6-28-1993) i
l
�
� Sec. 94-100. - Business use licenses limited to B-2 zone. �
No business use shall be licensed in any zoning district other than B-2;except that when a business use �
is allowed by ordinance in another zoning district, such use conducted in that district shall not be required to (
obtain a license. {
http://library.municode.com/print.aspx?clientID=13094&HTMRequest=http%3a%2f%2fli... 1/28/2011
Municode Page 2 of 2 "
' (Ord.No.117 2nd series,§2(5.43(6)),6-28-1993) j
� I
�
�
� Sec. 94-101. -Revocation. I
Failure to adhere to this article shall be cause for license suspension or revocation.
(Ord.No.117 2nd series,§2(5.43(7)),6-28-1993)
. �
� Secs. 94-102-94-135. -Reserved.
FOOTNOTE(S):
�s3�Cross reference—Business licenses,§26-31 et seq. Back
http://library.municode.com/print.aspx?clientID=13094&HTMRequest=http%3a%2f%2fli... 1/28/2011
' Municode Page 1 of 1
• PC Exhibit J i
�
� Sec. 78-916. -Granting of permit.
�a� The planning commission may recommend and the council may grant a conditional use permit as the use
permit was applied for or in modified form. On the basis of the application and the evidence submitted,the city
must find that the proposed use at the proposed location is or will be:
(1) Consistent with the community management plan;
(2) Compliant with the zoning code, including any conditions imposed on specific uses as required by
article V, division 3 of the City Code;
(3) Adequately served by police,fire, roads,and stormwater management;
(4) Provided with an adequate water supply and sewage disposal system;
(5) Not expected to generate excessive demand for public services at public cost; �
(6) Compatible with the surrounding area as the area is used both presently and as it is planned to be used
in the future;
(7) Consistent with the character of the surrounding area, unless a change of character is called for in the
community management plan;
(8) Compatible with the character of buildings and site improvements in the surrounding area, unless a
change of character is called for in the community management plan;
(9) Not expected to substantially impair the use and enjoyment of the property in the area or have a �
materially adverse impact on the properiy values in the area when compared to the impairment or
impact of generally permitted uses;
(10) Provided with screening and buffering adequate to mitigate undesirable views and activities likely to
disturb surrounding uses;
(11) Not create a nuisance which generates smoke, noise, glare,vibration,odors,fumes,�dust,electrical
interFerence, general unsightliness, or other means;
(12) Not cause excessive non-residential traffic on residential streets, parking needs that cause a
demonstrable inconvenience to adjoining properties,traffic congestion, or unsafe access; .
(13) Designed to take into account the natural,scenic,and historic features of the area and to minimize
environmental impact;
(14) All exterior lighting shall be so directed so as not to cast glare toward or onto the public right-of-way or
neighboring residential uses or districts; and
(15) Not detrimental to the public health, public safety,or general welfare.
(b) A conditional use permit may be granted subject to such conditions as the council may prescribe.
' (c) A conditional use permit shall remain in effect as long as the conditions imposed by the city council are
observed,but nothing in this section shall prevent the city from enacting or amending official controls to
change the status of conditional uses.
(d) A certified copy of any conditional use permit shall be filed with the county recorder or registrar of titles.The
conditional use permit shall include the legal description of the property included.
(Code 1984,§10.09(6);Ord.No.77 3rd series,§1,7-12-2010)
http://library.murucode.com/print.aspx?clientID=13 094&HTMRequest=http%3a%2f%2fli... 2/14/2011
Y . � , 1
PC Exhibit K�� � ""
��
No. 2011-132 Fee: 5473.75
���NNfTO SG.S WSU Units
� '.`yd 'Lp .
. `` .
40 .BSU Units
, � .
.
�
ALr���anoN°��'� `
MULTIPLE D4CK AND MUORING
AREA LICENSE � �
LAKE MINNETONKA CONSERVATION DISTRICT
� County of Hennepin, State of Minnesota
VVHEREAS, Brown's Bay, LLC (Site 2), c/o Todd Nelson, Z94 E. Grove Lane, Suite 100,
Wayzata, MN 55391 has paid the sum of$473.75 DOLLARS to the Treasurer of said LAKE
MINNETONKA CONSERVATION DISTRICT as required by the Ordinances of said District
and complied with all the requirements of said Ordinances necessary for obtaining this License: �
NOW, THEREFORE, By order of the Board of Directors of said District and by virtue hereof,
the said Brown's Bay, LLC (Site 2) is hereby licensed and authorized to operate a multiple
dock subject to existing and future density policies and regulations adopted by the District's
Board of Directors,
Per Site Plan- 11/18/81: .
Subiect to Variance Order 9/25/85:
Non-ConforminQ Structure. l:6 densitv,240 feet of lakeshore frontase.
for the period of the 2011 Dock Season and ending December 31, 2011 subject to all the
conditions and ptovisions of said Ordinances. Violations of the provisions of the .District's
Code of Ordinances are punishable by imprisonment for not more than 90 days or imposition
of a fine of not more than $1,000.00 or both.
Given under my hand and the corporate seal of the LAKE MINNETONKA
CONSERVATION DISTRICT this 28�' day of February, 201 l.
Attest: .
Executive ' e or, Gre ry S. Nybeck
r � • .,
� � . . ' � � ' (
� �
� Lake Minnetonka Conservation District
Re : Application of Windward Marine
. FINDINGS
Public hearing on the matter of length and setback variances for
applicant, Windward Marina, was held on January 6 , 1982 at the
LMCD office in Wayzata, Minnesota at 8 : 00 p.m.
Jim Rivers, owner, appeared for applicant to request length and
setback variances to continue the dock plan at Windward Marine on
Tanager Lake, for 40 WAU's established in 1975, as per attached
survey.
The District has held this matter in abeyance since 1975 to
resolve related property and zoning problems, granting temporary
licenses to applicant since that time pending settlement of said
problems.
Upon advice from the City of Orono that the City' s final action
on the zoning questions would not bear on LMCD' s action on this.
application, the Water Structures & Environment Committee recom-
mended variances be granted for 1982 for the length of each dock;
the setback to the. north; and the setback to the south.
The dock configuration hereby approved results from the reduction
in length from the previous configuration in which a portion of
the dock extended 190 feet from shore. Therefore, the proposed
dock plan reduces the lakeward intrusion of � the dock structures
_ and the impact of the dock on the lake. .� ,
The setback variance on the North would not have been required at .
the time of the original application for the proposed dock since
property to the North was zoned commercial and owned by the
applicant. However, recent action by the City of Orono has
resulted in a rezoning of the property to the North, thereby
reducing the authorized dock use area and making it infeasible to
comply with setback requirements.
The property owner to the south, Minnetonka Boat Works, Inc. ,
does not object to the current dock pattern remaining in place
for the 1982 boating season.
� ORDER
On the basis of the foregoing, it is ordered that variances be
granted for Windward Marina for:
1 . the length of each dock; � '
� 1 � . � - :
� . . � . �
i � . .
I , . � .
1 2 . the setback to the north, including an extension beyond the
lot line extended, with the slips opening 'toward the lot
�� line; ,
3 . the setback to � the south, with the slips �opening toward the
lot line;
4.' all variances hereby granted are subject to the continuing
condition that dock structures constructed and maintained on
the site be consistent with the site plan attached hereto,
' and hereby made a part hereof, as Exhibit A;
subject to the stipulation that the setback variances be subject
to annual review with the dock license.
The variance issued hereby shall grant no vested right to the use
of Lake Minnetonka. Such use shall at all times remain subject
to regulation by the District to assure the public of reasonable
and equitable access to the lake.
By order of the Board of Directors of the Lake Minnetonka Conser-
vation District this 25th day of September, 1985, -���&�r
.
l,�...� '--
Frank Mixa, Exec tive Director �
2
' ' . � . . .
. . � . , i o �:�e • � . . � � / � WSK�
;y� �� .
. Y �
. .. . � , . , S . .a. � �r t' !+` r A � . � � f
� � . ' , � ' ,`_ �xr� ���r.n.'+,�` �'G"�� ir. f ., �{' . . . .
'�' ��.`� � ; . . . _ _�l'�' ����3
° � � I. � _
CE:r�;ii'icate of �ut.�:�y '
- i or �=ll?uDf3T'C r:..�l•.i r�, Inc, Bt'OW�'S Bay, LLC (Site 2) ;
� .: t:'c 1L-i1:, �'^ �. �
i.�. (;c-��:c•*:rE�nt �o� 1,. S, c � .n -�� , ,�
N �
Subject to �
.
Order of 9-25-85 �
m
� �•
. � � �
' � 6
' , ' . ' � . �` Q f.. , . . �.
� � a� .. . . . �
4.0�<_ �� � � �.� � .
ProPe�y Cne etifend�d--, q, a.�' � • '
--o.� 3 � ` I . .
� \ a3 �
� � 3 , � " ,
,3� a3 � � � ..- a� .
� � ;� � R
L ,�
/ 1-�.4} � ��' I3 �� /� � � �$ � �g
• �..\ � � 5y , " { � ' ;
�� ,� o�K ,� _ a� m�.�
�9 E�' �" `' " a ,; €
r � �•
� �
� a . - �� 3• �
� ; � ' ��L
�, , ��
� ��' • `'.-'i
�° �,� �y 'q
G � , ' a V. - a�
� . 31 ���, yb i
- I, } Q.(Q�� p '�,� 3 on,lin� /
o .'
O
(q�3s �n9 3� `k 3� `� � ; .i� ' Propt�fy Iin'c�rFen�ed
. � G.. k � � . _
p ��- 3 '� r��� /
. � `�� � '' �
�,� %°'� 1 Y:�,�eti�f r.s��'�if'� t�.�t t:hi.:� i�� a
, ; o � f/ r.1'i�.' '.i.f:U ('.UI'i'c:C't. I'C:�)7'C:E'iE:P.ti::�`,l`J�! ,
8-` t ri
af a 3ur:•t;� of' -�,«; cina::.,:�s i:',��eL�:�
� (',Ct tiii; �i:���'!� SiC@t.Ci1� �P I'c?iti�:ivl'l tC; �..^.� '
/ L°istin� t'':JE;I'f:y—U�?SC'ri•��i�n 1j.:t�S i:: 0173 C�3.I'�
/ of Cavernmont �,ot l, �c;cti.on 11, ;'��wnsti.ir iL! ;•�r.,rtr,
/ �r..ge �3 ;�e:,t c,i the ;:h °rLnc- n�x1 i`�-ridiflr..
� / Q�`j ' ��� � 1 F� �4� ��c`I' - �lC n e C�II$� �0I0-1��..
� 1 D�acs- �I c.O
Iq�(o " `�0 . a000 - yoD sF ��8 �.��� - y�fl
. � o� / - �/OD oF �rgaoo7- No
- ( �1- �D Zoo2 - ti000Fng �aNt - �o
����- ��D 2do a - �ec ,F,i .
, Dock 51;� dr,�N�<s�;�us a��a��Q by QTG..��a��t+ �s ���Y� q-�z-q� . .
.>.r,a.la : l'' -� 'C' i�ordc�n it. ^or Fin Re�; �� . 6Q��1+
i�t� : 11-�.-�il i��Gt:lV�J I,:�nc Sur���;�or Hn:d ?l,�nner
:�ng ix��t�, r:innesat�
� g go- � �g'D <wo� N OV 181981 . /qJ'y� //�D � ��
� 9��� ���v C�o� /�i�`j`�` ♦/Pq �� �
L.M.C.D.
�99 z- y° � �ii�' ! 91'G — �t po G ��7
�aav _��., f l/� _ /�t� _ // 8D �.�t
� , � i '
�ni�JVW arlvMaNIM al� aas�� I .
. � .
5?�3/11?J �1 S�WV�. l�C � Mo. �SZ.�
. . o . . .
�oy� �• � '
� . • . . . . ��q �
. . . 'V .o'V7. �
N Q m j �j� . � .
�
- -- � ,I — � - — -- s _ � .9 a � n r• f i
0 0 , � . o w---_ '' � ,r� s� � .g 1 v M
I3 ,�z .sa - ,, ap- � � �a- o y � .
� , . .�: ` _ `al M � `l ��,�i 2 � M
Z
I � . s �tt�v� � �I� ,n��, � � 3
" � � a
o . • . . ,-� - � `i N c� r !u
� ' • � • . �d �\ ' � i 1 P � I I� � {. '�(� (`
u. a _ ' r ;,��'� � a � � a.
, , '�C � � � , � � + q " - n,N c7 � � � � CL p n ` •
� t
� � � � `�� a � 3e
dJ � � � u � � . 4 ?
� � N � � 1 • � � y � � ° 1! i
I o e r.�) . oZ. I J "1 Z �t
o � � � • a � `� ° � 3
� Q , N � �
I • i � .+•� �'- m • • H � �
I � . � r = 3 0
� . _ �� _
• • • � � ° � �=
_. _ ( � � rQ � �1
= o
' , � -
� � `� � �
. `� . .. - � . � � � � � i—�
�_. __. . . -- � '� � � 1°.� �� ' o .
... - " ���.n oi �cd �� � �� � ;�
�m��,vd �� . = F-- ��D .
_ � � , . ;� .
..�� � - ' � � /.. � Q4
S � � Z H
� , \` ~ Q D,
� a I / �
�° d •!', � � � � �
__°��. �Na � � �F � � o� �
�11 � � _{ �
i I • ��i�`-� �� � • � a� �.
m �a �J
,f-_�_____ 3 � �. ��
� � � Z d .
� � 3 � � I �
N
_ � Qa'
I Q.� ' _
� • � :�`?� ���$
� _p �� /' , .•v� *2�
_.— I a-- •-- ° o
� _ i. ara,_ � n9.• ��, —
� � : �-�� .- � --_-- ._. - _ -- �' : r� .~ '� „
- 1 �, � . % � o �.�• ..,�,? ,n ;e
• �i
�\ � „,�<. .r i g �� W. �'�'�� � s n
' / '�� ':�a �f° �' , a. ,,"'.;/ � C
� � �.� n \J
� j�l` �� � �•yn� ,a ,�� a .._ .. ._ . � I f� ~ '
I � ;�. m � , � . i
d � � J '•��p r sI c r a a �
I �[ � � ��cJ - �. . `�r 'r'� , ' , x �
.c Q � ^ b � P LL � ��-���r r. � Z`(M
� [� �' � � _ g� _ ° ° , 'r �
' � " ��' ••�.'��:' �� z
I � � ? _ � r' � � ' � / --- �?�-' U �
a � �� � :_ ' r � ;� _��-: o� � � � °
; _ , r 1 ..� oc
4 ,c .. _ Q �
a � � � ad= � � c1� � � � ' -s �� Q� � '
� Q �- r � � � `z'� � � � ` '
-> -3 �
��,��dw ctldMd(Yi�--- \� — _ -���.— z j �� ����a
� a1 a3��VST-;dB�lj} � s'eWVr JA ce�Mp ,py� �1�' � --� `z � 5�- v��� ��
� „ g �
PC Exhibit K 3:
�
� No. 2011-131 � � Fee: $965.00
�AINNfT
��� °•L� , 122 �VSU Units
. � �' � �8 BSU Units
� : .
.,�.
o "r c;
P�
LC�Ay47tON O�yt
!
� MULTIPLE DOCK AND M04RING
AREA LICENSE
' LAKE MINNETONKA CONSERVATION DISTRICT
County of Hennepin, State of Minnesota
WHEREAS, Brown's Bay, LLC (Site .1), c/o Todd Nelson, 294 E. Grove Lane, Suite 100,
� Wayzata, MN 55391 has paid the sum of$965.00 DOLLARS to the Treasurer of said LAKE
MINNETONKA CONSERVATION DISTRICT as required by the Ordinances of said District
and complied with all the requirements of said Ordinances necessary for obtaining this License:
NOW, THEREFORE, By order of the Board of Directors of said District and by virtue hereof,
the said Brown's Bay, LLC (Site 1) is hereby licensed and authorized to operate a multiple
dock subject to existing and future density policies and regulations adopted by the District's
Board of Directors,
Per Site Pian -3/17/05;
Subiect to Variance Order 3/25/81:
Subiect to: All watercraft must be stored within authorized BSUs. and no watercraft (within ail 58
BSUs) mav exceed 4' overhane LOA with epuipment in normal operatinQ aosition bevond the end of the
docks; ner LMCD Code Section 2.015. Subd. 9;
Non-Conformine Structure, l:6 densitv,332 feet of lakeshore frontaee �
for the period of the 2011 Dock Season and ending December 31, 2011 subject to all the
conditions and provisions of said Ordinances, Violations of the provisions of the District's
Code of Ordinances are punishable by imprisonment for not more than 90 days or imposition
of a fine of not more than $1,000.00 or both. � �
Given under my hand and the corporate seal of the LAKE NIINNETONKA
CONSERVATION DISTRICT this 28`" day of February, 2011.
Attest: .
� E. utive D' ec r, Greg ry S. Nybeck
J ` ., ,
' � . , � ' (`
r .
�
LAKE MINNETONKA CONSERVATION DISTRICT
In re: Application of Windward Marine, Inc.
This matter came on for hearing before the Water Structures
and Environment Committee on February=.18, 1981, at the City Hall
in Spring Park, Minnesota, at 8 :00 o``clock p.m.
Jim Rivers, president of Windward Marine, Inc. , appeared for
the applicant. The application is for a variance from the length
provisions of the LMCD Code, allowing an amendment to the dock
configuration between 100 and 200 feet from the shoreline, on
applicant' s lot on Brown 's Bay, City of Orono.
Mr. Rivers explained that the revised plan does not provide
for the storage of a greater number of watercraft than are presently
stored at the site.
The reconfiguration would allow the elimination of moorings
which intrude further than 200 feet into the Lake, thereby reducinq
hazards to navigation and making more of the surface of the lake
available for use by the public.
Portions of the existing dock extend 200 feet from the shore;
therefore, the proposed dock will not extend further into . the lake
than the existing dock.
ORDER
On the basis of the foregoing, a variance is granted to con-
struct a dock as shown on the attached site plan. The dock is not
to extend more than 200 feet from the shoreline, and applicant's
mooring area must be eliminated.
This variance shall grant no vested rights to the use of
Lalee Minnetonka. Such use shall at all times remain subject to
regulation by the District to assure the public of reasonable and
equitable access to the Lake.
By order of the Board of D'rectors f the Lake Minnetonka
Conservation District �this �day of , 1981.
� .
..�
rank Mi a, E ecutive Director
ry
�.
�
r y
�
n
J
. 3�d1 �3�dNdl f
�
� �i�.acs �1 Y
�
� n�� :�c
� �� � ,'� �
fl+�, � � � A y�p � � .
�'� ,1 1,� �� L 1� '
� � Y � � LL$1�
�c� aao". �1 � 1'� 3S(101'�� . . '7
n 11� �� C s
� C N � Fx �
r� �1 OZ � o ""
r � m �
f �.o, n�1• �1 7 � ,,�1 oy.� � � ��X � . y� .
/ M• � � � b�4t �N1 .�. n /
�
� � � ° 9 c�� � _� �
� � 's .�0 1
� � � � ' ,�,� ��
� � � G� � ��°°°" ^ ,� � �
� � �`1 /r Gl Q£ �; �i• � �, e�,0 up ooz •� u'� . '
7f
p a y � N3'` 1
�} � fN � � O �°�n �� �1 � � ebl��. '�d�s+ 'zm' I
� Ol 1 y
1 r� , 7�tlP� O � ��ST�35'� q, � ��fn
G1 � G 8 1 e _ -' .
� � Z� ,� � ' �� G � �,'� � �
b� � � �� yS� d,�13n�� '`�i �; '�y� �r 1� .
k r�� ' r � $ �JNI��_;i���'`�_--i s o �
�'� �
a� i1 i � t�'i �.rSµ����i � � �� 1`�!
�� b � _ --i''�_�-�',r � �r n�� �c7
' � e�.. '- ' --_ ' , ' _�'i', — i � � 1
� o °� _ ___--" '',� _ i � y �ivoa_°°°"' '
� � � � � eoin.�e�a no� �
n
,� r�, �.
r � - �,�• 4 �S«.� �
� �¢��n 1''z���n
,��ro� a�p0�tSts 3YIV �� � ^�-
� � �0 9l'S9 3 w. zWn��� � E- . � �� ,{ $
1
a3 i �y,l�
� �.vN�`'�N 5
�°1..;�"�oN�H"y S•�'H � _
, ,
u � �i �� ��'SON�13n3`'Yj ;�' 6 1
n�°°°w � •t�stsr�vN 1 l ��'" �N �� �.� ' � ' .....
�, , , _- -- ,�d'S� _ � . ---------_
, �
� � _ ,-
(! -�.
� � � � )'�' 1 7 � '________'____''"'_'1 '__"__'__"��"'_"'' � Q'U9 ""'_ 3A?00-''1"-.
_____ ��� � �
$ � .� �Y � � 9 i��
�
, 1 �i • �
�
�'- "_'_'�6Y19'__'__t"^�'!" _" _ 1 1 __ . �1L__�.
� Al
"""'_
""' 11� ' � 6Z19 "'' ; �'Ul 6E'l9 Z ,B�SP'' i� ��
� 11 . 2 1� � � � 1 �
� �1 , 1 1 1 $9���� � 1 S � i
a
$ � ,' � ; �� o�o'wo�•a � � 1 L 'x
� � � � �4
� � /� 'D°�' � T��'v '1� 1� � ; _----�+ � � ��
o^'}, �• epio+'ep � 1�� 1� � .�i5��y .', � ' s.'- . n � .
�M• An
�1 ♦ 1 g
►•' ,` � ��y �tld���� �o�d� ` 'fa�.�. Q � 1 . �°Z .
� � � � T�y�JN1X y�5�a C'Co�\ N � _�
r s �� � ,��, �A�jsi (rh�l �O 1 bg
� `��3ay>.ca i� � � � ���^ ` �i�s(a �c �5� � i
��. , ', G
cP� '" '�°°���, a p� � 1 �
��� �' ?f � '�w .p�' .�oa��a a"�"� . . o Ta • � m•� �
W S/Q:��� �� �� 1 ' �y�0� � � �� � � �
��( 1 ,' �=i 1� � p1` Q �v 1 I 1
. d< �1 a��1, H O� �11 '����� P� �� � 1
1 ° �• �4 �
� S$R � �� �'0 vc� ���' • � o � 11
�
p��A � � �,�` � � � �
o 3�� � � 4� � � �
Y yF�= f � 1� ° �s � N • . 1� �
�� � �
�i � ��� .O � � N w v '� � .
� ' ' N
m8 �� Z � � D^ � sc � p � Tp � .
�i �� � �� � � � � , ts� O `
� ; � �" w �
� � � ,
� i � � n p� � . `
. �' ,�11 �1 1�' F l ..
1 ; , � ,
U
f 1
1 , • �< m �
, �
,1�� • � � a � � D �
� u
, Q • ' 1 �
nm�°°°. , � • �f a • � 1 1
Q� • � `
a � w . :c �1 � . ,
o � Q� � . � � , .
- • 1 �
. 11 � � � � • � . � 1, �
a . ,
, � . t�
�` � �� � � � Q 0 ',
� �� w �` � '
� � � w� � o ��
1 ° • ` -------
, Q • Q
, � o � �;
c0 �' ��
' � � ��
M � `L /'
lT ,. �, N ,
� � i�
1 • • /
Ai�
' � t7� . N w �%
�
1 x � ,�
\ �a b � LL / .
1 N
� N w . .
� /
1 x • � ° �
� w ' � .. �
1, • . ._ S : . ... ..«..�...�.�.._ . ._. ... .� . _._' _''. -.:....�....�� �' .
1� A I �
�1 st /� �
, , ,d-�
'1 c�r . / � N
, cr J �� o0
, a ,��*�-- �
, t= � o�a�'�ti _` �
00 �—�,.�—� 1 � /��^yi°°� ��` � �
`� C—JL�J � • � `6 ag0y'
� �/�0�^�a � n
�, y
� , � � ���,� �
� � 1 _- ���°�� �O r.:
� � �1 � _—- ���a•o�-a� � N
�
-� o � , �,�+ "
�-�— —-� 0�1��� .
O �—�!
t.7'1 �"'� �G�.N�U � .
� � O � P � ,
—� rvh-to
, � , �
U
���� '
REVISIONS DESIGNED IMEREBYCERTIFY7HATi111SPUN,SPECffIG710NORREPORT ��&� GRONBERG � ASSOCIATES, INC.
WA6 PREPMED BY ME OR UNUER MY DIRECi SUPFAVISION,
. DATE BY REMARKS �WN µp7}U71M1ADULYLICENSEDPPOiE55tONALENGINEER � "�
urouwosum�roaw+oExn�wvsoFn�sr��oF �'�Za CIVIL ENGINEERS,LAND�SURVEYORS,LAND PLANNERS
MHNESOTA
H K , . D�OSZ 445 N.WILL�W DRIVE LONG LAKE,MN 55356
wre��/.•�l �eNN.IICENSEMIM9ER L9J�J' m„ PHONE:952-473-4141 FAX: 952-4T3-4435