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HomeMy WebLinkAboutResolution 1584 , �� � . . � �w Cit� of ORONO . � .� l ��x�� RESOWTION OF THE CITY COUNCIL - � . NO. 1584 . • � � . � _ � • � � .�_ � � . z: A RESOLUTION DIRECTING STAFF TO ISSUE 'A COMMERCIAL DOCK LICENSE � ' " • TO CHASKA MARINA - � � SUBJECT TO CONDITIONS NOTED HEREIN � FOR.THE PERIOD OF JANUARY 1, 1983 TO DECEMBER 31, 1983 � . � WHEREAS, the City of Orono, hereinafter "City" , is a ' . �� municipal .corporation organized and existing under the laws of the � - • State of Minnesota and has the authority and responsibility under ' . Minnesota .Statutes, State Statute 412, et. �seq. and State Statute • 462, �et. seq. to protect the health, safety and general welfare of .�� � -� � the citizens of the City and other members of the public within the . � � City; �nd • . � . .. .. � - WHEREAS, within the City there exist several commercial � � � marinas, hereinafter "marinas" engaged in business activities including • but not limited to the following: � � : � � l. The sale of new and/or used boats, boating equipment, � � . boat accessories and recreation equipment. ' � 2. The storage, sale, rental, lease, repairing and/or � • �servicing of boats and boat equipment. � . • � . � , 3. The sale of gasoline, bait arid �fishing supplies. . . � � 4. The construction and maintenance of docks, ,boat .' • . ` �, lifts and buoys on the public waters for purposes of . . . . . � operating the above noted business activities and for . � • � � � , . , rental or lease of such space to a limited number of . � the general public for storage of individually owned � : . . boats. • �� • • . AND WHEREAS, the City Council has determined that if . , unregulated, such commercial activity on or near the public waters and on the land within the City may be detri.mental to the public • health, s�afety and general welfare and is therefore subject to � � � reasonable regulations by the City; and " � . . � - � WHEREAS, it` is the overriding concern of the City to . ' . eliminate the unique problems presented. by increasing boat density, ' .. � hardcover, �traffic density, storm water runoff and noise or other public nuisances in the area of the various marinas; and , � � . � � . . i :y ���� Clt� of ORONO �� � , � RESOLUTION OF THE CITY COUNCIL ,��� � 1584 ?�:� • NO. . ` � � • • � � • , � 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 P�innetonka for recreation by way of swimm�,ng, boating, . � fishing and water sports by the citizens of Orono, the City regulates - both the on-land activities of marinas and the• extensions of docks � � and mooring areas into Lake Minnetonka in the interest of public order . and to protect the life, safety and welfare of the community. The City through its regulations is not licensing boats but is only licensing� : the marinas to the extent the marina operations affect the general public � • and the adjacent properties within the City of Orono; and � . �WHEREAS, �the City shares concurrent jurisdiction over the primary harbor limit of the. City of Orono with the Lake Minnetonka Conservation District and the Department of Natural Resources of the � State of Minnesota; and • � WHEREAS, the regulation of the navigable waters involves an �. exercise of police power of the State, LMCD and the City of Orono, all . of which have adopted rules to ensure to all equal enjoyment of the public rights and to suppress the clashing of public and private interests .� and resulting public disorder; and • _ .. . WHEREAS, the regulations of the DNR, LMCD and the City of - Orono regulate the property rights of the riparian owners both as to � single family residential owners and the commercial marina owners', to � the extent prohibiting any interference with the public waters adjoining that property. The LMCD, DNR and the City of Orono must fulfill their �. trusteeship over the public waters by protecting against interference by anyone, including those who assert the 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 erijoyment . . exists between and is shared by riparian owners and the public generally. The marinas have no exclusive privileges over Lake Minnetonka. The : only additional private right that the marina or any riparian owner may � have over the public generally is to construct one dock to the navigable . . � depth of the public waters. There can be no 'dispute but that the public . � generally and each riparian owner to Lake Minnetonka has the right to use the entire surface area of Lake Minnetonka for all suitable purposes in � common with all other riparian owners. . This right is a right not only to � • the members of the public but the right to each riparian owner. This fmutual 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 -2- � �1 ' , . i ��� � Clt� of ORONO :� l � ; . v. � ,. - RESOLUTION OF THE CITY COUNCIL . �.� . . i:� � . NO. 1584 • ; . • � • - • • • . WHEREAS, as the population has increased around Lake � � Minnetonka, and in the Twin City Area generally, it is clear that more and more people have used the Lake for sailing, rowing, fishing, � � boating, bathing, skating, and other public purposes which cannot be riow fully enumerated or even anticipated; and WHEREAS, Lake AZinnetonka is capable of substantial beneficial public use only as long as all riparian users of the Lake are regulated in "such. a way as to ensure there is no abuse of the limited riparian � rights; and WHEREAS, the marina �as a commercial riparian owner only has limited riparian rights incident to the ownership of real estate bordering upon Lake Minnetonka. The marina operator has a limited ' " � right to build and maintain one suitable landing or dock, on and in front of his land, and to extend the same therefrom into Lake Minnetonka � to a point of navigability; but, under no circumstances may he encroach . einto Lake Minnetonka to a point where he impairs the water' s navigability for other public purposes or where he unreasonably interferes with the surface water rights of all riparians and members of the public generally; and � WHEREAS, it is fundamental that a� riparian owner' s rights are measured by the necessities and character of his use. The marinas, � for private commercial gain wish to temporarily and, in fact, permanently . � alter the'use of the surface water in Lake Minnetonka. Certain sections of the lake, once a source of excellent fishing, have been converted and, in fact, in the future will continue to be converted, into a commercial enterprise all to the detriment of other riparian owners and the public. The marinas present operations and contemplated operations far exceed a reasonable use of their limited riparian rights; and WHEREAS, the inost general public use of the water is .paramount � , and should take priority over excessive riparian .use for commercial � , � ' purposes of the lake by the marinas; and � WHEREAS, the marinas have separated and disassociated �from _ the normal riparian .rights in many sections of tYie 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 fhe � � '" ' 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 -3- _ . , � � . . • Ci.ty of ORONO _ .. � l � . RESOLUTION OF THE CITY COUNCIL - � NO, 1584 . . • . • ' • • • . WHEREAS, as a condition to the issuance of the 1975 commercial marina licenses, each commercial marina operator agreed with the City in writing to an Operations Agreement outlining a three-year phased � improvement program established to replace natural vegetation previously removed, to provide for adequate storm water runoff controls, to provide � for open space and vegetation buffers between the marina properties and . adjoining residential properties, to provide for adequate parking and traffic control and to provide for reasonable performance standards � relating to the non-conforming placement and use of docks and mooring � . spaces upon the public waters; and . . � WHEREAS, all of the requirements of the 1975 Operations Agreement �are reasonable exercises of the normal police powers �of the � City of Orono intended to correct the previous abuses and overuses of � . public waters and .the congested commercial marina sites, to correct . for the public harm caused by such abuses and to prevent future abuse � of the land or the public waters; and _ . • WHEREAS, all of the requirements of Chapter 73 of the Ororio Municipal Code regulating commercial marina operations , Section 35.100 " of the Orono Zoning Code regulating the use of lakeshore business district property and the 1975 Operations Agreement are in full conformity with the applicable regulations and intents and purpose of the Lake Minnetonka Conservation District' s regulations for commercial marinas and the State of Minnesota, Department of Natural Resources ' regulations for protection of publ.ic waters; and � WHEREAS, the, purpose of this Resolution is to. set forth the • above noted general conditions and concerns and the following special conditions as they relate to an application for an annual Commercial Dock License described on Exhibit A attached, � NOW, THEREFORE, BE IT RESOLVED, that �the City Council of the . City of Orono hereby• directs the staff to issue a Commercial Dock License according to the facts and conditions noted on Exhibit A attached. Adopted by the City Council o� the City�;of Orono. at .their meeting �on � � ��- the 3�O�f.�- day of November • • . . 1983 . �Nia�y C: �But e �;'= Mayor:=.`,:�".� ATTEST: . . . _. _ _.. � .�`�� ` . . � A erta.. M. Strom, City C erk � -4- : . . . . CITY OF ORONO . �• EXHIBIT A . � RESOLUTION N0. 1584 � � CONDITIONS OF ISSUANCE�FOR ANNUAL COMMERCIAL DOCK�LICENSE � I. LICENSEE � Chaska Marina ' ' Address 3324 North Shore Drive, Wayzata, Mn_`�55391 Period January 1, 19 83 to December 31, 1983 II. BOAT DENSITY � � ' The number of in-place boat slips, lifts and buoys shall not exceed the � number showri on the a�ttached plan, E�hibit B, and in accordance with : Resolution 938 , in no case shall the number of authorized boat.� slips, -lifts, buoys , or dry stack slips exceed the number permitted �in the � � prior.year' s license. � • � ' • Authorized Summer Density pe� attached plan: , ' � Bay ' Maxwell Transient Slips 0 • , � Rental Slips � 68 � Company Slips 8 . ; � ' � � � 76 . ' Sub-Total: S1ips at Docks � " Off-Shore Buoys � � � � • 0 . � Maximum Boat.s in Water � � 76 � 76. . Dry stacked slip for use in lake � � ' � � . - . . Maximum Boats in water per prior licens�e � . '77 Other Boats (for sale/service,_ etc.) 22 , � MAXIMUM BOAT DENSITY ON LAND AND/OR IN WATER 98 � - Exceeding this maximum boat density, �or exceeding the number of permitted � �� slips, lifts or buoys is a violation of this �license subject to revocation ' � and/or prosecution for uiolation of Section 73,010 of �the� Orono Nfunicipal Code. . Authorized Number of Winter Stored Bo�ats 80 _�_ � _ 4 i � �EXHIBIT A Resolution No. 1584 Page 2 III. DOCK LAYOUT (reference Exhibit B attached) Diaximum authorized length of main dock 200 feet. Docks extending beyond 200 ft. and docks encroaching into required side yard setbacks are hereby specifically declared to � be illegal non-conforming structures which are not permitted under this license. This appli�ation (does) (does not) contain such illegal structures. All such violations are subject to prosecution under Sections 35. 100 and 73. 010 of the Orono Municipal Code. IV. Marina (is) (is not) authorized for FUEL SALES subject to compliance with the State Fire Code. V. Required number of OFF-STREET PARKING SPACES 54 . � All such spaces must be maintained available on the property during all sumr�er season hours of �operation. ' • .VI: . SPECIAL CONDITIONS required for compliance with the o�rdinances of � the City and/or the LMCD. The issuance of this license is subject � �to full compliance with these conditions. Failure to comply with these cond�,tions is cause for license revocation and/or prosecution by the City. � l. The owners of Chaska Marina will continue to operate the marina �� � in accordance with the annually approved variances� and all the � conditions setforth in l�esolutions #1286 and #1291 2. Council has approved the perman�nt dock layout per attached . � Exhibit B designating a total of .76 slips on Maxwell Bay. The � , two �parallel slips on east side of dock (slips 32 and 51 �per . revised plan attached) have been approved for use for the 1983 �: season � • � � 3. Notwithstanding any language to �the contrary. herein, the Council � grants a temporary dock length variance of 100 '. for the dock � . structure to be 'reviewed annua�ly with the comniercial dock license � � application. , Council grants the following temporary setback . , variances for the proposed dock structure, such setback variances . to be reviewed annually with the commercial dock license appliation: . . a) 1. West side setback variance of 5 ' , 0-50 ' dock length (20 ' � . required) • • . . � . 2. West side setback variance of 40 '., 50 '-100 '. dock length : (80 ' required) (continuedj . VII. Nothing in� this license shall confer upon any person for the . � � benefit of any property any vested right to use Lake Minnetonka . or the premises in a manner permitted by this resolution, but the use of Lake P�innetonka and the premises shall remain subject to such regulations and ordinances as the City and other competent regulatory �authorities shall deem necessary from time to time in the public interest. , . . . � 3 . West side setback variance of 40 ' , 100 '-200 ' dock length (80 ' required) b� l. East side setback •variance . of 11 ' for dock length section � . 0-50 ' (20 ' required) , 2. East side setback variance of 11' for dock length section . � 50 '-100 ' (30 ' required) 3. East side setback variance of 22 ' for dock length section . . 100 '-200 ' (40 ' required) • � 4. Council will continue to deny any future extension of Chaska Marina' s commercial� use o.f residential zoned property on Crystal � Bay based on the following findings: '" a) There is adequate area and �lake access provided� on the Marina's � � � � �lakeshore commercial property on Maxwell Bay � ,. b) The proposed commercial use� in a residential area adversely • affects the .value and use of surrounding prope"rties � . . c) The use of a dock across the� road from the commercial operation � ' causes traffic and pedestrian problems � � d) Such use would be adverse to the intent of the Comprehensive .� Plan and the Zoning Cod� . . , � • .. . . ' .. , � • .. � , , . � � � �-��N�P 1'�t'e'�/y�'. 15 8 4 � . � � . ��N� � / q �� �a�� � L P�� �P� �'L.�, ���: S i.:;l'�] F;:k �V�E�L 20o f�f I�.,�- • � . . M P = �^�_ � � . ;x� 1�`.I1�'Tr'ET'Q�X.�. . . �,—�.� � � . 5ec�ion 8-11;'-23 ' � -!".._— � .. • �- =r- � I __- sti Sl ; � - �- . , �; . . 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