The URL can be used to link to this page

Home My WebLink AboutRe: dockage on Crystal Bay � �O� � � ::�._ � ; ��t�:.,, � CITY of ORONO 1 �fa �xc 3 � `, �r. '��a �i MUl11C�� O�CCS . � /1^r�yt� II y-,�. � ,t '� ,��'r;; .:;'e`a�G Street Addross: Ma11inQ Addrou: `�y�HQ4' 2750 Kelley Parkway P.O. Box 66 Orono, MN 55356 Crystal Bay, MN 55323•0066 June 5, 1996 James Dunn Lakeside Marina Inc. 3324 North Shore Drive Wayzata, Minnesota 55391 Re: Dockage on Crystal Bay Deaz Mr. Dunn: On Friday,May 31, 1996 the Inspection Department placed a stop work order on floating docks tied to the shore of Crystal Bay across from Lakeside Marina. The purpose of this action was to notify Lakeside Marina that placement of a dock by Lakeside Marina on Crystal Bay is not allowed, for the following reasons: 1. As early as April 13, 1964 the City Council established a policy not allowing "the business , of docking or storing boats" on the Crystal Bay frontage of Lots 6-12, Lydiard's Park. � 2. Prior to 1981 a dock existed on the Crystal Bay side of the site. The City of Orono � consistently refused approval of the use of that dock for commercial purposes, and allowed ; it to be used only for the property owner's personal boat. 3. In 1981 that dock was re�oved,and a subsequent request by the properiy owner to construct � a new commercial dock at the site was denied. No dock has since legally existed at the site. � Annual licenses issued by the City starting in 1981 and as recently as 1992 included the ' following language: "Council will continue to deny any future extension of Lakeside , Mazina's commercial use of residentially zoned property on Crystal Bay based on the I 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 properties. c. The use of a dock across the road from the commercial operation causes traffic and pedestrian problems. Telepho� (612) 473-7357 • FAX 473-0510 �i r James Dunn June 5, 1996 Page 2 d. Such use would be adverse to the intent of the Comprehensive Plan and the Zoning Code." Absent any discussion to the contrary,this is still the Council's position. 4. The shoreline of Crystal Bay across from Lakeside Marina is zoned LR-1C, Single Family Lakeshore Residential. No commercial uses are allowed in the LR-1 C zone. Zoning Code Section 10.25,Subd. 5(A)notes that"Within any LR-1C,One Family Lakeshore Residential District, the following uses shall be permitted accessory uses: a. Any accessory use as regulated in the R-lA District and "private docks" subject to the City code and other applicable regulations, including boat storage density regulations." Section 10.03,Subd. 9(A)states that"No accessory building or sfiructure shall be constructed on any lot prior to the time of construction of the principal building to which it is accessory." Section 10.02 defines accessory use or structure as "a use or structure subordinate to and serving the principal use or structure on the same lot and customarily incidental thereto." 5. From the Code sections noted above, it is concluded that placement of a commercial dock on the Crystal Bay shoreline across from Lakeside Marina is not allowed because commercial docks are not an allowed use in the LR-1 C or R-1 A zones. Further,placement of a private residential dock at said location requires that a principal residential use be legally established on the properry and that a principal residence structure exist on the property prior to construction of any accessory structure. Since no principal residential structure exists to which the dock can be accessory,the dock is not allowed. The dock(s)located on the Crystal Bay shore of the Lakeside Marina site must be removed no later than 4:00 p.m.,Friday,June 14, 1996,or a violation citation will be issued. If you have any questions,please contact me at 473-7357. Sincerely, � ,, Michael P. Gaffron Asst. Planning&Zoning Administrator MPG/ch �O� O O �-�� - � CITY of ORONO ,•� 'a��x j�� + � �Y'�•'��.� . �� ,�,lCr Municipal OfRces ��' � " '� �'4ik-��;��'°�G Street Address: Mailin� Addross: `�'�+gH04' 2150 Kelley Parkway P.O. Box 66 Orono, MN 55356 Crystal Bay, MN 55323-0066 July 17, 1996 Glenn P. Bruder Mitchell and Bruder, Attorneys-at-Law The Colonnade Suite 970 5500 Wayzata Boulevard Minneapolis, MN 55416 RE: James Dunn Crystal Bay Proposed Dock on Parcel 08-117-23 41 0012 Dear Mr. Bruder: Thank you for your letter of July 11. I also wish to correct a possible misperception in y� correspondence. Mr. Dunn recently purchased a parcel of land containing a residence, north of County Road 51, such pazcel not being adjacent to any other parcels owned by Dunn, and not adjacent to the portion of the Lakeside Marina property which extends across County Road 51 to Crystal Bay. This lack of adjacency is critical to the issue at hand. In answer to your listed questions, I offer the following: 1. Mr. Dunn's construction of a private dock on the Crystal Bay frontage of the Lakeside Marina tax parcel (0012) is not permissible for the reasons generally stated in Items 4 and 5 of my June 5 letter. 2. The property upon which Mr. Dunn proposes construction of a private dock is the same tax parcel (0012) as that on which exists Lakeside Marina. The portion of said tax parcel located adjacent to Crystal Bay and zoned LR-1C does not meet the requirements to be considered as a buildable residential property. Those requirements include that it be a separate tax parcel, '/2-acre minimum lot area, 100' of frontage at the shoreline and at the 75' lakeshore setback line, and must be capable of accepting a residence structure meeting the City's hardcover and lot coverage requirements. Since the area of land in question is a strip perhaps no more than 5' in depth between the County Road 51 right-of-way line and the shoreline, it would be physically impossible to construct a single family residence on the property. Telephone (612) 473-7357 • FAX 473-0510 Glenn P. Bruder July 17, 1996 Page 2 3. The Crystal Bay frontage portion of the Lakeside Marina tax parcel in question, has extremely limited uses based on its LR-1C zoning and general requirements of the zoning code. However, this portion of the property only contains about .015 acre, whereas the portion of the property on which the marina is located north of County Road 51 is aproximately 2.1 acres (see Survey excerpts attached). The Crystal Bay frontage accounts for about 1% of the area of the entire property. Considering the property as a whole, which includes the primary structures and facilities of the marina, one cannot reasonably azgue that the property has "limited" uses, because in fact it has very high use as a marina. 4. There are many instances in which the City of Orono has authorized the construction of private dock facilities in LR-1C and other lakeshore residential zones which require users to cross public thoroughfares to gain access to the dock. These generally fall into two categories: A. Single tax parcels which are intersected by a public thoroughfare (see Sketch A attached). B. Commonly-owned separate tax parcels in which the residence parcel is only separated from the dock "outlot" parcel by the public right-of-way, and which parcels would be adjacent absent the right-of-way (Sketch B). These two types of properties are not uncommon in the LR-1C, LR-1B, and LR- lA lakeshore residential zoning districts. In each case, however, the adjacency is a key factor. In the case of properties in Category A, the dock is in fact located on the same tax parcel as the residence parcel. In the case of lots in Category B, in most cases the dock outlot was created as part of a subdivision for the express intent of providing access to the residential property directly across the road from the shoreline, and in most cases the dock outlots have side boundary lines coinciding with the extension of those of the inland residential lots they serve. Orono currently has five commercial marinas, three of which own property located on both sides of a public thoroughfare. In two of those three cases, Windward Marina and Minnetonka Boat Works, both sides of the thoroughfare are zoned commercial. However, in the third case, Lakeside Marina, the south side of the thoroughfare i.e. the Crystal Bay side, is not zoned commercial. I would also note for the record that the former Crystal Bay Service gas dock which was located on the LR-1C portion of that service station property (a few Glenn P. Bruder July 17, 1996 Page 3 hundred feet west of Lakeside Marina) was a pre-existing non-conforming use that had been allowed to continue operation via a conditional use permit. The Windward Marina, Minnetonka Boat Works, and Crystal Bay Service situations aze not identical to the situation of the Lakeside Marina property, and I therefore would argue that Mr. Dunn is not being treated differently than other property owners in the same circumstances, because there are currently no others with the same circumstances. It remains my conclusion that Mr. Dunn's proposed construction of a private residential dock at the location in question would require a variance to Municipal Zoning Code Section 10.03, Subdivision 9 (A), because: - A private residential dock is an accessory structure and use, subservient to a primary residential use which must exist on the property before an accessory structure or use is allowed. - There is no primary residential use of the property, therefore no accessory residential use is allowed. - The Crystal Bay frontage is zoned residential, therefore commercial use is not allowed. - The parcel Mr. Dunn purchased to the east does not abut any lakeshore, is not legally combined with any adjacent parcels that abut the lakeshore, has no proximity relationship to the Crystal Bay frontage of the marina parcel, and therefore would not qualify as a primary residential use to which the proposed dock could be subservient. Please feel free to call me if you have further questions. Sincerely, �� ; �{%��. ��-- � � Michael P. Gaffron Assistant Planning & Zoning Administrator MPG/lsv Enc. Plat Map Excerpts (Sketches A & B), Zoning Map & Zoning History, Code Section 10.03, Subd. 9 (A), Survey excerpts cc: James Dunn, Lakeside Marina Thomas Barrett, City Attorney C8) ' C � i ) C7) ...... ...... .......... ..... 523. 3...... .. � `�C` --------- ti. °O '�-` • ( 5) - �, :. a zo ' � Cn c � 2) � � �' c 6� � t �3) ( o) ; o .y wF T � 9� �• � � � � IZ3. 89 ----- ' ------ ----- 1�Q(��L�RS --- - - - r _-_ -----'•':i � � ------ ---•--- --------------- _. '�8. 6 •v; y � � � � �� , , N ( 18) �" ( 2) � > > , � � � ', �� ( 5) A�� , , . . � , , , ' '\ � ` 51 N � � � � "� OL A � `�°� � � �'� " • �, � , 2 . , ` �9� � s , � � 2 ��6A � � s ' i � �� e � �� / 2�• ' 2 6;, a.�� 2 � ' � �.�. . � �0 pR�4�3 �� ' �S' 388. 3 Y-213.4 `�9 23 , ' 6 ��. 98 N66•� �O9,� ( � � )i� �2?, � � 2�.: - . i� OL 1 5.68, .�� rn 37� 201•72 g� � 2 N ' �!w' �' � � 7� � � . , Q °' � � 3 r �] � N)� i I• D � . � �o��; ( g) � —�� Z�^ a � S6 ``�'gA 1N � � �, '' �, S P��. ,K , .,�. � �, �HN � zoa. ss ^ � � , ,a . , �, . , � � °'�' � . P�� v . , I �� I I I ` ��'�-••. . I '� I �S v 9�'''� e' I 9A... 99:•' :T i...._ 9"` (4).••" , �� (3) '� \� \� ryp I 999p g9: �'� �3 � ------�-iPi� � � �% ,, 11 .:` ' � 12 � ^ � I .� '. IS,��; n �7'. 99°•� •� • � ti h' .�- 9''' (S) i5 'p� 6 (2) P' � �� 1 d 'ti 13 ��7� pA• . . ..-- '-•-•• ••••-- •-•--- •..... ---• '-•------•---•-•---'-••--'•'•------------- ---• ��'" .. � �� '� � `� (18) (17) �� ' .._ ......... ............. ............. �\-- �......�� ••;-----•-• - - .. .. . � . . _.._..... . .� . . t� ,�' (20) i6 .:\:. . � (16) �e. `,` '�� (16) ��60,- �� ti �. (15) �� ' � � 17� � ti �n (14) 9 � o, �, ,45 e� �23) � i7 ( 18) `�` �`' _�oQ c� '' � Sp . o, :`0 l l^) 9 � �`4'E' AO �27) � � �` \�.��I` '� �•�� .• � . �7) 6 � 0 a5 1%s '-'� .. ' ) ��, ��9zt6p,'J •• ••�• �^'� \ � 5`R 4�� 2 � � �� w '18`��' ``\ ( 19 \�',;`' �`` , 6p eq� ;� (6) � .. (so) e s 5) " (2) '� �`. '� .� 2� .� D�� ,s� (q) 3 N \o\z � ,�e '. . (22) �oo.� � �� s o�' �.9 � pq � (3) `�.\ ` 'ss �`�. `�`.�21 �� o,,. �`� . . (z�) �e`t/ 9 '�.,� �oo �.• �(25) (24) , .�o. ,'ir' �S9) �,• ; ��e�B '•94,;9 R17 �� jq7 1� �Z6�\��` ��' '.� ` . h r4 �' "�� ,�,19 ��ti`' � 9563 "S+A �� '�� 2) ��` �'A� ;� �` ti h`' 1 � •. • m 3 3 � .;- '• • i6 � �' �$ �". Z•, �, � a (14) . ��. , � . •. �� 25) ��"0 ? ��',� a �(9)�� ''� (8). (15) �iy . `: \�;� `'•`'' .� \•� � '• -•/ ` ` � •` , ` LYDIARD,S (;10) ., /-:_ • • , \ � y �16•� A99 PARK 5 .� '• � �' • � � �� \ \� �j 9\ LOT 25 11) �''. '• '�� '� ry I s9• • • , ��0� (ss) w , •�y�-, �r �; 1 ��, 6 . ., . .,� �•. �'/?� � c;s)/�'�m �'`� •, �... ,_ .,s' . 1 / 9 ��•(22)(20) . ��s_ ,�,; $ ` �y 23)�� , `,,��'• s . �I��`�� A . ,s � �.,, � .. ,,�,� �. �� s ;,; %�c z�' ' ., � ��`' ��P�� 0 (LeP�--`�'`'1 �W h'� � c3� ' ,��9 �� P �' ' . .�. (56) � `, � �< , � N�� !�, < � ,A r`�`t I,�S I •�• O � �11) O y �� `'Q ` i � ;I O) I J'� g � b a ��' AUD Sll�D , ;3� �0 �T3 I �'\ �p,� . �So � > S-� p,�. ,s�. ,o � �� ^.�� I G �>>� ' � I - . \ � 1, 3lJCK i , }� BAY V.�°N I _�_ I \ � I ' . , , �� .. .... . . . .. � . . . . . � . . . .... . ;55.?� R�S ...... GOVT LOT i o��.°�e I � E Ia� 33l �z �'4.,. -. . 'A 5 4t�t� 2 •.�, ( 15) `4�C — —'_.'_ T �'�� W _�--- -- �N �D � 39a,�2 � � CUTLCT C � ,'` � " I � _ � _ a6� �+�)5 3 6 ;�..:: �r- .�2.S / (2) � � I � I o � � ?. � O s,$,95 9� � = _ U7lCT D I �00 , °' (9) ,/ � c3� " ��` � 0 0 _�. •,o.,s ' • 274.63 � I � ~ �L.I ?33 e N � ,CUTLOT E � �' %s - �' c�o) � ,E' `� 5 I 13) � �4� � `zz� ,os p r�., I �� Q h �y `^ ` � � � UTLOT F c� �n.,�/ -/ QK �� v � � (6) �� I ,�oh� �'��s- 3 I : �S� � GUT�OT G n / � °'�, � ��2� d h � �� Zpg. I � � �D I v �' 00 ,.i: �� OUTLOT � I t� '� �7� ��9�\„�'0,� l5` I � �1� ' � � '�' /6,�`� :'l5'�e '•`,� �t'S,�•F, S�e, � � I .A1. ��TC i �': �o., �,a � 1 ' s�''o,° � .— 's'�P�� \.,� � �/�-�'`�'(,� �� '�'��''►2�1 b�`'!��a!2-�K!---------- ..: , ................... ........ - -- - P -�•�.----� -�------ ---------�------�-------------�---�-----�----- ---------------�----------�-�o.-r��._...r------.....�.:.._.. �ti�1�� 'N B . I ti�' � �^ r '��• �P O , I / . ( 1 I aQ oa . �o . n� ►�M�i � I