HomeMy WebLinkAboutC.C. minutes-8/10/98-marina licenses �
o.�,.
o ;� , o 0
���.. CITY of ORON
� � :� ti M�� ot��� ,
� � : v.
G~ Street Addreu: Mailina Addnas:
't9,��x�4�� 2150 Kelley Parkway P.O. Box 66 !
- Orono, MN 55356 Crystal Bay, MN 55323-0066 ;
FAX COVER SHEET
DATE: S�'' 2- �'"�4 .
TIME: �: �S P('1
TO: .� t►�-� D U N�
� AT: L.Ptre.St�'J-e
PHONE• ��I I '" � C7�o FAX: �'� l-- l CXO a _
FROM: LIZ VAN ZOMEREN •
CITY PLANNER/ZONING ADMINISTRATOR
CITY OF ORONO
PHONE: 473-7357 FAX: 473-0510
_ c�
Number of Pages Following Cover Sheet:� i'+�1 � ���' �
NOTES:
�
� ���- � � �' M .
�
�
i �l I�- � �.(��"
Tdephone (612) 4�3-7357 • FAX 473-0510
CITY OF ORONO
Fence Regulations
GeneraL•
1. Fences meeting height and location regulations do not require a permit.
2. Fences must be within property boundaries, but no setback is required.
3. The City of Orono does not require fences around swimming pools; however, property
owners are advised to check with their insurance company.
4. The City of Orono does not regulate fencing materials or visual appearance of fences.
Fence Height/Location Standards
Location Maximum Fence Hei�
Standard: .
Front Yard 3 'h'
Side Yard 6'
Rear Yard ' 6'
Lakeshore Lot:
Lake Yard 3 'h' Ahead of "average lakeshore setback
line", except no fence is allowed
within 75' of the shoreline
Side Yard 6' Behind "average lakeshore setback
line"
Street Yard 3 lh' (6' along County & MSA Funded
Roads)
Comer Lot:
30' Sight Triangle 3'
Front Yard 3 '/z'
Side Street Yard 3 'h'
Side Yard 6'
Rear Yard 6'
If you have further questions regarding fences, please contact the Building and Zoning
Department at 473-7357.
ORONO CITY COUNCIL MEETING
MINUTES FOR AUGUST 10, 1998
(#6) #2394 C.PEARSON COMPANY,HA nNG AN INTEREST IN 2697 KELL YAVENUE-
continued
Jabbou� suggested Mrs.Bimbaum meet with staff to discuss potential buiVea g on the lot since the
lot is very restricted and a minimum amount of hardcover would be allo
Van Zomeren verified that Lydiazd Avenue is platted as a street but is nc�o�pcutfoff of Lydiazd o
She explained that the applicant tned to request a side yard vanance and
reduce the amount of hardcaver in the driveway. Van Zomeren informed the applicant that a
building would have to meet the 35' setback for a side yazd adjacent to street,regardless of whether
or not L�diazd Avenue was open.
Jabbour noted that Orono is one of the few cities in Minnesota that file property restrictions tluough
resolutions on deeds. A title search would provide these restrictions to new owne
Mrs. Birnbaum stated it was not her place to withdraw the apnce she s the pr p rty owner S �e
applicant,but she wanted to address her concems to Council si
Kelley Moved,Flint seconded,to deny Application#2394 requesting variances to construct a
new residence on the property located at 2697 Kelly Avenue.
Van Zomeren asked Council if time limits apply with denial of the applicatme 1 mit ou d apply
numerous inquiries about the property. Jabbour responded that the 6 month ti
only to the current applicant and not to the property. He also noted that no motorized vehicles were
envisioned to be allowed to use Lydiard Avenue.
Van Zomeren reiterated that the property was allowed 700 s.f. of hardcover for the driveway with
a total of 2,000 s.f. of hardcover for the pzoperty,per Resolution No. 3997A.
Kelley noted there were other issues with the property such as the fence. .
Vote: Ayes 4,Nays 0.
(#'� 1998 MARINA LICENSES
Gaf&on reported that Orono has five commercial marinas• Annuallicense applications and fees aze
submitted in February,with an on-site review early in the summer. He noted the August 7, 1998
Request for Council Action lists the seven conditions each e�d a rroval of marina li enseslfor
some of the issues specific to each marina. Staff recomm PP
Windward Marina,Genmaz/King's Cove,Sailor's World,and North Shore Marina,with conditions
placed on the license for Lakeside Marina.
7
� �
ORONO CITY COUNCIL MEETING
MINUTES FOR AUGUST 10, 1998
(#� 1998 MARINA LICENSES-continued
Gaf&on commented that a complaint had been received against Lakeside Marina re ardin the
of the adjacent property as overflo�,�,for customers of the marina; i.e. walking dogg p�.�g�azse
working on boats, etc. A second complaint related to site lighting needs to be addressed.
Gaffron indicated that the neighbor has suggested a fence could solve some of the trespassing
problems. Gaffron noted that a fence would be allowed in the B-2 district, but is not specifically
allowed in the 0-75'zone without Council approval. Fence height is lim.ited to 6'along the lot line
and 3%'in the 30'front yazd setback.
Gaffron asked Council to consider the following:
- Whether a fence should be allowed along the east lot line to prohibit trespassers .
. and/or provide screening, and at what height.
- Completion of a landscape plan that has been in the process for 15-20 yeazs. The
marina owner has indicated he is willing to complete the landscape plan.
- Lighting should be relocated, redirected or shielded so that it does not affect the '
adjacent properry.
- Because of the layout of the marina and docks, boat traffic encroaches the dock use
azea of the adjacent properiy. The LMCD has been contacted and should follow-up
on this complaint.
Jim Dunn, ovvner of Lakeside Marina, stated that staff comments were accurate. He did not a ee
with all of the neighbor's issues. �
Mayor Jabbour asked about the berm that was proposed with the Waade subdivision application.
Waade responded that he and Dunn were unable to agree and he suggested a fence,possibly 8'high,
Waade indicated his major concem was trespassing from the marina.He stated he was willin to ut
a fence and screening on his property but also wanted the marina to do the same thing to�on ol
trespassing.
Dunn agreed that construction of a fence could be included as a condition of the marina license.
Waade asked to see plans of the proposed fence. He also noted concern with parking of boats at his
property line, since they aze required to be 10'off the property line.
Kelley asked if Waade and Dunn agree on the properiy 1ine, Waade responded that he has a survey
on record at the City. Kelley suggested that surveys of both the marina and Waade property be
compared so that both parties agree on the property line and no work is done in the wrong location.
8
ORONO CITY COUNCIL MEETING
MINUTES FOR AUGUST 10, 1998
(#7) 1998 MARINA LICENSES-continued
Mayor Jabbour stated that a permit would be required for a fence and a survey would be required
with the application.
Gaffron suggested that the lot line be staked by the surveyor for either Waade or Dunn, with the
other party agreeing to the location. If there is disagreement,the surveyors will need to determine
the correct lot line.
Dunn noted that the existing stakes were placed by his surveyor.
Mayor Jabbour suggested that Council approve the marina license for Lakeside Marina with some
of the conditions discussed. He indicated that pazking and trespassing issues may be ongoing
problems, and should be addressed with staff and the police.
Waade asked for a deadline date for completion of the fence.
Kelley commented that the fence should be constructed within the City standards. He did not favor
an 8'fence and would like to see it as low as possible.
Mayor Jabbour suggested that Waade and Dunn continue to work on a berm even though other
conditions may be agreed upon.
Ga�on asked for clarity from Council on the height of the fence and how close to the lake and road
it should be constructed. If a fence is not allowed in the 0-75'zone,this may not solve the trespass
issue. He noted that Council approved a fence for the DNR and felt it may be acceptable for
commercial property to have a fence to the lake to protect both properties. Jabbour agreed. Kelley
was opposed to a fence in the 0-75'zone.
Goetten asked about plantings to the lake rather than a fence. Ga�on responded that there were two
issues. One is screening because of the visual view from a residential to commercial property. The
other issue is trespassing. An 8'high screen fence solves both issues. A 6'high fence that doesn't
go all the way to each end would help the screening but doesn't solve the trespassing issue. Goetten
indicated she would support whatever was best for both property owners.
Gaf&on suggested a 6' fence between the 75' lake setback and the 30' street setback line, and from .
there a height that would prohibit people from walking between the properties. The lower height
would not provide screening or visible encroachment.
9
ORONO CITY COUNCIL MEETING
1VIINUTES FOR AUGUST 10, 1998 '�
(#7) 1998 MARINA LICENSES-continued
Mayor Jabbour commented that plantings would probably not survive in the 0-75'zone because of
the lakeshore activity. He felt if Dunn provided a fence in the 0-75'zone and Waade also did some
plantings,the burden could be split.
Dunn suggested that he and Waade meet again to discuss the options. Jabbour noted the berm was
already approved and could still be constructed.
Waade requested that Council act on the fence solution since he questioned if an agreement could
be reached with Dunn. Waade indicated there may be an issue with dollazs spent to address the
problems for Dunn.
Mayor Jabbour suggested Council act on all the marinas except Lakeside Marina.
Goetten moved, Kelley seconded, to approve the 1998 commercial marina licenses for
Windward Marina, Genmar/King's Cove, Sailor's World and North Shore Marina. Vote:
Ayes 4,Nays 0. .
Flint indicated that he would prefer a fence all the way to the lake because there is a history of
difficulty between the property owners. He recommended a 4' fence from the road to the 30' street
setback and in the 0-75' setback zone, and a 6'high fence between those two azeas.
Kelley expressed concem about the sight lines at the curve in the road if a fence were constructed.
Gaf&on agreed that there could be a problem. He noted that he has worked with Dunn over the yeazs
to keep boats at a low profile to be able to see across the top of the boats in the southeast corner of
the marina.
Dunn noted that the Metro pump stadon is located in the azea with a blacktop strip up to 100' into
the property to serve the pump station. Kelley commented that bringing a fence a11 the way to the
road would,in effect,shelter the marina from the pump station,so.the fence could be stopped at the
30' street setback.
Flint commented that a 4' fence would not obstruct a great deal of vision. He added that the fence
would provide a physical barrier to keep boats from encroaching on the adjacent property. He
commented that fences make good neighbors.
Gaffron suggested the height of the fence in the 30' setback be left to staffs discretion regazding
sight lines for entering and exiting the property.
10
ORONO CITY COUNCIL MEETING
MINUTES FOR AUGUST 10, 1998
(#7) 1998 MARINA LICENSES-continued
Flint moved, Goetten seconded, to approve the commercial marina license for Lakeside
Marina with the following conditions:
1. A 6' fence would be allowed between the 0-75' lakeshore setback and the 30'
street setback.
2. A 4' fence would be allowed in the 0-75' setback. '
3. Height of the fence in the 30' street setback would be left to staff s discretion
with appropriate sight lines to be the main consideration.
4. Ferice to be constructed prior to October 31, 1998.
Dunn suggested the City contact the Metro pump station personnel regarding snow plowing
practices, as they have used the area for snow removal and a fence could cause a problem. -
Gaf&on asked Council if they wanted to add any controls for visual appeazance of the fence. Kelley
commented that he would prefer a brown wooden fence, not a metal chain link fence. Goetten
agreed. Dunn indicated that he also preferred a natural fence. Waade agreed with the natural fence.
Gaf&on referred to the lighting issue. He noted that lighting is currently on two NSP poles and NSP
is considering burying the lines. If lighting is placed on the marina building, lights would shine
towards the adjacent property. Shielding has been discussed to alleviate the lighting issue.
Waade asked if the marina would be required to do plantings to screen the boats. Mayor Jabbour
did not think the plantings would be realistic because they would not survive. He felt the fence
would take the place of plantings. Gaf&on added that the landscaping plan with plantings has been
difficult to maintain,with approximately 1/4 of the plantings remaining that were required on the
original plan. Kelley suggested the marina try to keep as many of the existing plants as possible
during fence construction. Dunn noted that a few arborvitae and other plantings remain but sewer
construction took many of the plantings. The power company also cut back the tops of many of the
trees in the spring. Those plants that remain are relatively healthy.
Vote: Ayes 4,Nays 0.
Mayor Jabbour thanked Mr. Dunn for his cooperation.
Goetten.commended Gaf&on for his work with the marina owners in accomplishing the goals of the
City for marina operations.
11