HomeMy WebLinkAboutRe: boat/vehicle storage � / o
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October 28 , 1991
Mr. James J. Dunn
3224 North Shore Drive
Wayzata, Minnesota 55391
Re: 3350 North Shore Drive
Dear Mr. Dunn:
Within the last two weeks it has come to the attention of the Building
& Zoning Department that you are using the property at 3350 North
Shore Drive for commercial boat storage purposes. While this is a
permitted use in the B-2 zone, the subject property is non-conforming
due to its residential nature within a commercial zone.
Municipal Zoning Code Section 10.07, Subdivisivn 1 requires that a
zoning occupancy certificate be obtained for the change in use from
residential to commercial.
You will no doubt recall that the issue of your commercial use of
this residential property was the subject of a Variance/Commercial
Site Plan Review Application No. 953 initiated in 1985. The
application was reviewed by the Planning Commission on August 19,
1985, and that advisory body made a number of recommendations to the
Council regarding use of the property.
The attached letter of May 29 , 1986 , detailed the Planning
Commission's recommendation, the staff's request for additional
necessary information prior to review by the City Council , and
reiterated that continued commercial use of the properties at 3340 and
3350 North Shore Drive would be in violation of the City Code.
Additional information, specifically the Certificat.e of Survey, was
never submitted.
Commercial use of the property at 3350 North Shore Drive has never
been granted City Council approval. We rea lize that for a period of
years in the interim you were not the owner of the subject property.
However, your re�ent reintroduction of commercial use to this property
is not an allowed use until it receives Council approval. •
�t.�rxorrE-sr3-�s�• FAx-sr�-osio
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Mr. James J. Dunn
October 28, 1991
Page 2
ALL COMMERCIAL USE OF THIS PROPERTY MUST CEASE IMMEDIATELY. ALL BOATS
AND TRAILERS STORED ON THE PROPERTY WHICH ARE NOT THE PERSONAL
PROPERTY OF THE OWNER OF 3350 NORTH SHORE DRIVE MUST BE REMOVED. IF
THIS CORRECTIVE ACTION $AS NOT BEEN COMPLETED WITHIN SEVEN DAYS,
FURTHER ACTION TO GAIN COMPLIANCE WILL BE INITIATED.
Your appropriate method to reso lve this issue would be to reapply for
a Variance/Commercial Site Plan Review as was done previously. Please
contact me or Zoning Administrator, Jeanne Mabusth, to discuss the
procedure for making such application.
,
Sincerely,
�
MICHAEL P. GAF RON
Asst. Planning � Zoning Administrator
MPG/ch
cc: Jeanne Mabusth, Building & Zoning Administrator
Inspections Department
City Administrator
City Attorney
City Council
Attachments: - May 29, 1986 Letter
- Code Section 10.07, Subdivision 1
§ 10 .06
for a record of its proceedings which shall include the minutes of
its meetings, its findings and the ac tion taken on each matter
heard by it, including the final order.
� Source: City Code
Effective Date: 4-1-84
SEC. 10.07. OCCUPANCY CER'PIl'ICATBS-
Subd. 1. When Required. A zoning occupancy certificate
shall be required for occupancy and use of any buildings
hereinafter erected or structurally altered; for new occupancy and
use of an existing building when the new use is of a different
zoning classification; for occupancy and use of vacant land, new
use of vacant land when new use is of a different zoning
classification; for any. change in the use of a non-conforming use.
Where appropriate, the zoning occupancy certificate may be issued
as part of building permit.
Subd. 2. Prohibition. It �is unlawful for any person to
do any of the things mentioned in Subdivision 1 above as requiring
an occupancy certificate without having one in force. Any
certificate issued upon a false statement of any fact which is
material to the issuance thereof shall b�e void. Whenever the fact
of such false statement shall be established to the satisfaction of
. the Zoning Administrator, he shall forth with revoke the occupancy
certificate, by notice to the holder. It is unlawful for any
person to proceed thereafter with siich work or use without having
obtained a new certificate.
Subd. 3. Application for Occupancy Certificate. Every
application for a building permit to erect a new building or to
make a major alteration shall be deemed to be an application for an
occupancy certificate. Every application for occupancy certificate
for a use of land where no building per mit is required shall be
made directly to the Zoning Administrator.
Subd. 4. Issuance of Occupancy Certificate. An
occupancy certificate shall be approved within ten (10) days after
construction has been co mpleted, the premises inspected and
certified to be in conformance with the provisions of the Zoning
Chapter. Where vacant land or change in the use of occupancy of an
existing building, or for change in a non-conforming use is
involved, the certificate of occupancy shall be approved as soon as
the Zoning Administrator has examined the premises and determined
that the requirements of the Zoning Chapter will be met.
Subd. 5. Occupancy Certificate Required for Non-
Conforming IIse. Application for such occupancy certificate for all
lawful non-conforming uses or buildings created by the adoption of
-, the Zoning Chapter shall be filed with the Zoning Administrator by
.� the owner or lessee by January 1, 1976. The Zoning Adminis�trator
ORONO CC 263 (4-1-84)
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CITY of ORONO
Post Office Bo:ss•Crystal Bay.Niinnesoca 553Z3•Municipal Offiom
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o _ � o On the North Shore of Lake Minnetonka
May 29, 1986
Chaska Marina Royale
3324 North Shore Drive
Wayzata, MN 55391
Attn: James Dunn
Re: Zoning Application �9� .53
Dear Mr. Dunn: �
In reviewing our files, I note that Application �953, for
variances to allow commercial use of your 2 substandard parcels in _
the B-2 Commercial Marina Zoning District, remains to be resol ved.
This application was reviewed by the Planning Commission on
August 19, 1985. The Planning Commission recommendation forwarded to
Council as follows: .
a) Approval of area (and width) variances for the two separated
parcels (variances were required to the 2-acre, 200' width
requirements for a commercial use in the B-2 Zone).
b) Recommended that the rental residential use of 3350 North
Shore Drive be allowed to continue for 1 year, then revert to
, being used only to house a paid security person.
c) Recommended that both parcels be limited to parking and
storage only as allowed in the zoning code, and that no variances
be granted to the yard or landscape area requirements.
d) Recommended that these variances to be granted only for
Chaska Marina use of the property.
e ) Noted that the hardcover ordinances apply. No
recommendation was made regarding the use of the docks on these
properties.
In a subsequent meeting with your attorney, Bruce Douglas, �on
October 4, 1985, staff requested Douglas to submit additional items
prior to presentation of the application to the City Council, as
follows: ' �
BUILDING&ZONIfYG—473-7357 • ADMINISTRA770N�FINANCE—473-7358 • PUBLIC WORKS—473-7359
ASSESSING
Chaska Marina Royale
Re: Application �953
May 28, 1986
Page 2 of 2
1) A letter stating that Chaska Marina will comply with the
setbacks for parking and storage.
2) A sketch (on a survey) of how and where the employee vehicles
wi 11 be parked.
3 ) A survey of these two properties accurately locating the
existinq structures and hardcover.
Staff's intent was to proceed with this item at the October 28,
1985 Council meeting, as well as to present the 1985 Marina License
for approval. Mr. Douglas to date not provided the information to us,
hence the application has not progressed. At this point, continued
commercial use of the two properties remains in violation of City
Code. .
One additional issue which was brought to our attention this
spring is that the house at 3340 was apparently inhabited over the
winter. Again, this mixed use was never represented to the City as an
intended or proposed use in the original application. I have received
a complaint that the remnants of that occupancy, i.e. a barbecue grill
and other debris, remain on this site. Please check on this and
rectify as the situation warrants. .
It is imperative that this application be followed through and
resolved immediately. In order to bring the application to the
Council in a positive light, you should submit Items 1 thru 3 outlined
above, and also update us on the intended use of the structure at 3340
(i.e. when will it come down?) and re-address or update us on the
cur=ent use of the docks at 3340 and 3350.
In order to schedule this application for Council review in July,
we will need your further information by June 20. Please contact me
if I can be of assistance or to further discuss the matter. If a
response is not received in a timely manner, appropriate enforcement
action will be taken.
Sincerely,
� � � .
i���Z �,�
Michael P. affron,
Assistant Zoning Administrator
MPG/tln
cc: Jeanne A. Mabusth, Zoning Administrator
Mark E. Bernhardson, City Administrator
Rathleen Blatz, City Attorney
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May 22, 1992 �
Mr. James Dunn
Lakeside Marina
3324 North Shore Drive
Wayzata, Minnesota 55391
Re: 3350 North Shore Drive - Parking
3324 North Shore Drive - Parking/Boat Storage
Dear Mr. Dunn:
In driving past 3350 North Shore today I noted a number of vehicles
parked on that property.
As we have discussed on many occasions, no commercial use of that
property is allowed until such time that the City Council approves a
zoning certificate of occupancy for the change in use from residential
to commercial.
Last fal 1 you appeared before the City Council and agreed to removal
of the commercial storage and parking on that property. Your
compliance with this agreement until this week has been exemplary.
However, as was agreed to last fall and per Section 10.07, Subd. 1 of
the Orono Zoning Code, YOU MUST IMMEDIATELY CEASE ALL COMMERCIAL USE
OF 3350 NORTH SHORE DRIVE, INCLUDING PARRING BY YOUR EMPLOYEES AND
CUSTOMERS. FAILURE TO COMPLY WILL RESULT IN FURTHER ACTION.
I would also direct your attention to the requirements of Zoning Code
Section 10.41, Subd. 5, "Parking Req�airements" for marinas (copy
attached). A lso attached is the most recent copy of your parking plan
we have on fi le for the marina.
Per your past licenses, you are required to maintain at least 68
automobile parking stalls from May lst to October lst. Use of 80$ of
these sta 1 ls is allowed for boat storage in the winter months, 'but all
68 must be available for car parking during the boating season.
TELEPHONE-473-7357�FAX-473-0510
Mr. James Dunn
May 22, 1992
Page 2
My impression from recent drive-by's is that you have a severe parking
problem due mainly to boats taking up parking spaces. This appears to
be not only a significant violation of the parking regulations but
creates a potentially hazardous situation for traffic entering and
leaving the property. This situation needs to be resolved
immediately.
Jeanne Mabusth and I would like to meet with you as soon as possible
to discuss a number of issues of concern to the City regarding your
current heavy use of the marina property. P lease let me know when we
can spend a half hour with you in the next week. -
Sincerely,
�:%�� �p .
Michael P. Gaffron
Asst. Planning & Zoning Administrator
MPG/ch
Enc. Section 10. 41, Subd. 5
Parking Plan
� 10 .41
� C. Sales, Etc. Sale and rental of boats,
.� .
.f motors, fishing equipment and sale of fuel, boats, boat supplies,
bait and marine items.
Subd. 4. Conditional Uses. Within any "B-2" Lakeshore
Business District, no structure or land shall be used for the
following uses except by conditional use permit:
A. Sale of cigarettes.
B. Sale of 3.2 beer or sale of "set-ups". (Subject
to licensing by Council. )
C. Sale of prepackaged food 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 infra-red or micro-wave oven. Sale
of food from vending machines is allowed.
Subd. 5. Parking Requirements. Within the "B-2"
Lakeshore Business District the off-street parking facilities shall
be suff'rcient to eliminate any traffic or parking congestion likely
to be caused by the business conducted. The parking areas may not
be paved. The minimum parking requirements shall be as follows:
A. Six parking spaces shall be provided for each
_:�`_ ten boat slips on water or on land. -
'= B. 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.
C. If the proposed use is to include the launching
of boats owned by the public for the day from trailers, ten
additional auto-trailer parking spaces shall be provided for each
ramp.
D. 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.
E. Required off-street parking space may not be
utilized for open storage of goods or for the storage of boats,
except that from October 1 to May 1 each year, the required off-
street parking may be used for winter storage of boats provided
that 20$ of the required parking spaces remain as a functional
parking area. "
F. Parking� may not be allowed in any required yard
or landscaping area.
Subd. 6. Yards. The minimum required yard areas for the
district shall be landscaped and planted with evergreen and
deciduous shrubs and trees in accordance with a detailed landscape
� plan.
ORONO CC 337 (4-1-84)
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DATE TIME
CITY OF ORONO CALLED IN
INSPECTION NOTICE SCHEDULED
PERMIT NO. cOMPLETED � ' �`�
ADDRESS � � � �''�'' ' �'w � �Jl��
OWNER -I-�-(N� CONTR.
TELEPHONE NO.
� DESCRIPTION �`���� �� ���• ��tUF�7�f�
� 01 FOOTING 11 MECHANICAL RI 16 WELLTEST PUMP
Q 02 FRAMING 11 MECHANICAL FINAL 18 EXCAVIGRADINGIFILLING
y 03 INSULATION 24125 WOOD BURNER/FIREPLACE 19 LAKESHORFJWETLANDS
Z 04 WALL BD. 12 WATER HOOK-UP 34 T
Q 05 FINAL 13 METER SET(TURN ON 17 SITE INSPECTION ,
� 07 DEMO—SITE 14 SEWER HOOK-UP 06
v 07 DEMO—FINAL 27 SEPTIC MAINT. 21 COMPLAINT
i 09 PLUMBING RI 15 SEPTIC INSTALL. W-UP '
v 10 PLUMBING FINAL 23 SEPTIC FINAL
Q O NE CONT A R TO MEET YOU:_YES_NO
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� ❑WORK SATISFACTORY:PROCEED �3� �p OJECT COMPLETE �
W O CORRECT WORK R PROCEED ❑ ISSUE CERTIFICATE OF OCCUPANCY
� ❑CORRECT WORK,CALL FOR REINSPECTION TEMPORARY
� BEFORE COVERING
PERMANENT
❑CORRECT UNSAFE CONDITION WITHIN__HOURS. � pHOTOTAKEN
INSPECTOR WILL RETURN ❑ CITATION ISSUED
❑STOP ORDER POSTED.CALL INSPECTOR
❑ INSPECTION REQUIRED.CALLTO ARRANGE ACCESS.
Call for the next inspection 24 hours in advance.473-73�J7
OwnedContractor on site:
inspector.
White Copyflnspector's File Canary CopylSite Notfce
DATE TIME
CITY OF ORONO CALLED IN
INSPECTION NOTICE SCHEDULED .
PE RM IT NO. COMPLETED �-S-� �� ��
ADDRESS �33 5� N� 5H�c92(. �O 2��-2,
OWNER ht�4-xc.�ei� �., /NARi.vi4- CONTR.
TELEPHONE NO.
❑ FOOTING ❑ PLUMBING RI ��ITE INSPECTION
❑ FRAMING ❑ PLUMBING FINA� O EXCAV./GRAOING/FILLING
� � INSULATION ❑ MECHANICAL ❑ LAKESHORE/WETLANDS
� ❑ WALL BD. ❑ WATER HOOKUP ❑ LICENSING
11! O FINAL O METER SET/TURN ON -�""COMPLAINT
� � PROGRESS i] SEWER HOOKUP ��OLLOWUP
� ❑ DEMOL. ❑ SEPTIC INSTA�L. O SEPTIC FINAL
Q ❑ FIRE PREV. ❑ SEPTIC MAINT. O FIREPLACE/WOOD BURNER
� ❑ WELL TEST PUMP D
= COMMENTS:
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W O WORK SATISFACTORY:PFOCEED ❑ PHOTO TAKEN
Q ;J CORRECT WORK 8 PROCEED
U ❑ CORRECT WORK,CALL FOR REINSPECTION BEFORE COVERING
'� CORRECT UNSAFE CONDITION WITHIN HOURS.INSPECTOR WILL RETURN.
� STOP ORDER POSTED.CALL INSPECTOR.
❑ INSPECTION REQUIRED.CALL TO ARRANGE ACCESS.
call for the next inspection 24 hours in advance.
Owner/Contr. on site
I nspector ��,- 473-7357
White/I pector's File Canary/Site Notice
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�°�,rk � Post Office Box 66•Crystal Bay,Minnesota 55323�Municipal Offices
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� _ ` k�,� On the North Shore of Lake Minnetonka
July 20, 1987
Maxwell Bay Marina
Attn: Jerry Goodwin
3394 North Shore Drive
Wayzata, MN 55391
Re : 3340 3350 rth Shore Drive, Orono
Dear Mr. Goodwin:
On July 16, 1987, an inspection was conducted at the above subject
property which revealed the following code violations:
3340 North Shore Drive, Orono
Storage of unlicensed, inoperable vehicles
Dodge truck Y/X 84157 expiration 1986
MG - no license
Mustang BYH 816 expiration June 1986
Plymouth BLU 953 expiration June 1984
Maintainance of private property - various junk and debris - high
weeds - hazardous dock - boat trailers and cradles stored within 75'
of lake.
3350 North Shore Drive, Orono
Maintenance of private property - high weeds and large scrap pile.
The above is in violation of Orono Municipal Code Sections 9.50 &
9.55. I am writing this letter to inform you that corrective action must
be made before August 3, 1987. If corrections have not been made by this
time, citations will be issued and you will have to appear in court to
explain why you will not correct this matter. The City is also considering
starting Hazardous Buildin� Action on the house at 3340 North Shore Drive.
Please contact our office and update us on the status of the building.
If you have any questions on the Zoning Code violations, please feel
f ree to contact me at my of f i ce.
Si erel
___��� �
1 Thomas� J.. Jacobs,
Building Official
TJJ/tln
Enclosure - Orono Municipal Zoning Section 9.50 & 9.55
cc: Mark E. Bernhardson, City Administrator
Jeanne A. Mabusth, Zoning Administrator
Michael P. Gaffron, Assistant Zoning Administrator
Lyle Oman, Field Inspector
Mel Rilbo, Police Ch�ef
Scott Richter, City Attorney
BUILDING&ZONING-473-7357 • ADMINISTRATION�FINANCE-473-7358 • PUBLIC WORKS-473-7359
ASSESSING