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Home My WebLink Aboutre: apparent easement o - CITY of ORONO Ir Ay vs, , Municipal Offices .<441-1, Street Address: Mailing Address: �i'EggO 2750 Kelley Parkway P.O. Box 66 Orono, MN 55356 Crystal Bay, MN 55323-0066 April 11, 1997 Gary Will 2350 Olive Avenue Wayzata, Minnesota 55391 Dear Mr. Will: Carolyn at Re-Max asked me to send you this information regarding the apparent easement "for bathing and boating purposes" over the westerly 25' of Lot 13, Wallace's Addition to the Village of Minnetonka Beach, which appears in the legal descriptions of many properties in Wiley's Navarre Addition Lake Minnetonka. The Wiley's Addition lots are not riparian and your Lot 4 is located some 600' distant from Lot 13. Your lot as well as Lot 13 are within the City's LR-1C, Single Family Lakeshore Residential Zoning District in which "private docks" is an accessory use subject to the City code and other applicable regulations, including boat storage density regulation (Zoning Code Section 10.25, Subd. 5[A]). By definition, "accessory use or structure" is "a use or structure subordinate to and serving the principal use or structure on the same lot and customarily incidental thereto" (Zoning Code Section 10.02). The principal use of Lot 13 is the single family residence existing on Lot 13. Any dock on or in the lake adjacent to Lot 13 therefore can only be used by the owners/occupants of Lot 13. Based on the above noted code sections, City staff cannot issue a building permit for construction of a new dock on/adjacent to Lot 13 to serve your Lot 4. Your situation is not unique. Other property owners in Wiley's Addition have similar language in their titles. And, a number of other off-lake properties in the Navarre area have similar "bathing and boating" easements over four City-owned parcels between Crystal Bay Road and Lake Minnetonka a few hundred feet west of Lot 13. The City has similarly taken the position that those off-lake owners do not have the right to construct docks on the lakeshore parcels. The only difference between that situation and your situation is that the lakeshore parcels owned by the City are vacant, which provides an even greater basis for denial. This is because no accessory structure may be placed on a parcel of land that does not have a principal structure. I am enclosing a copy of the Zoning Code sections noted above as well as Section 5.42, "Joint Use of Lake Facilities". It appears that your proposed use does not fit any of the categories defined as joint use in Section 5.42, Subd. 1(E), because your Lot 4 is not a riparian lot, nor is it a non-riparian Telephone (612) 473-7357 • FAX 473-0510 Gary Will April 11, 1997 Page 2 lot within a subdivision adjacent to the lake. Based on this, the City would not be able to issue a joint use dock license if you and the owners of Lot 13 were to apply for such a license. Further, it would appear that your proposed use would not meet Section 5.42, Subd. 5(A) which would limit a new joint use to one boat slip per 50' of shoreline. Lot 13, at 50' of width, would therefore only be allowed one slip under the joint use standards,which slip would serve the principal residence on Lot 13. In summary, your construction of a dock on the "bathing and boating easement" over Lot 13 would not be permitted. The use of Lot 13 for"private bathing and boating purposes" not involving a dock, has not been addressed by the City in detail, and this is an issue between you and the owner of Lot 13. If you have further questions, please feel free to contact me at 473-7357. Sincerely, Michael P. Gaffron Asst. Planning & Zoning Administrator MPG Enc. ►_t41►39r'15'�EY 13: 17 E14717427 ,REMAx:: /1I E :C;ELLEH. F' ,E 0: 4 { 'Y 1 .7',.;:::',- i .` �, . _ - 4 - I; 'IhhL land t e_#et t ed tco t s..'..'''..-:'!....::?!;-'....7.4•7-...''::::',....::::-i--1.. i7 the Star;of lvlinneic;tt�, County Uf enncpin t and-is de er}bed as folloi - I, ,t 4; Wiley Nd\.arre;Addition, Lake `''_'' tunka, totteth r,with the n zht t_o gist;for }private batk ing and ba t' n� _nly,..in Cc}zxnno i with tethers to whom s r ila� z fight'i7�s • heretofore.t.eei..-...„......:•..-granted,:o r ay hereafter.he granted,'the following tract of land, tori 1t ;ill that p$rt of t 3, 4' llace's Addition to Village of i nn,-,,,1 l;�i Beach, which lies s '.; 'North of the Ncot'th line: 4,!--....•.,:.-.-ct7ttts road crossing r.said lot and west of,a.line drawn th1 c�iir�l7 ' ::'"74.1: •:W y d lot parallel to thWest 1`1ne fhercot incl 2 feet rrnm said \Vett;liije; according to the map or plat`thereof oh-rule or:o record in the office of the,Courity.Recorder, Hennc-.'�iin (,ourtt Minnesota krr k .. v r LL T. .. i I y Jt. V: y § 10 .02 SEC. 10.02. DEFINITIONS. As used in this Zoning Chapter the following words and phrases shall mean: 1. "Accessory Use or Structure" - A use or structure subordinate to and serving the principal use or structure on the same lot and customarily incidental thereto. 2. "Agriculture" - The utilization of land by raising plants, trees or shrubs or the raising of domestic animals or fowl, or both, for the purpose of selling to secure a profit. 3. "Airport or Heliport" - Any land, water, or structure which is used or intended for use for the landing or take-off of aircraft, and any appurtenant land or structure used or intended for use .for port buildings or other port structures or right-of- way. 4. "Alley" - A public right-of-way which affords a secondary means of access to abutting property. Source : Municipal Code Effective Date: 9-14-67 5. "Animal Unit" - The following animals constitute one animal unit equivalency: one cow or steer, one horse, donkey or burro, three sheep or fifty fowl. Source : Ordinance No. 172 Effective Date: 1-1-75 6 . "Automobile Repair-Major " - General repair , rebuilding of trailers, including body work, framework and major painting service. 7. "Automobile Repair-Minor" - The replacement of any part or repair of any part which does not require the removal of the engine head or pin, engine, transmission or differential; incidental body and fender work, minor painting and upholstering service when said service above stated is applied to passenger automobiles and trucks not in excess of 7,000 pounds gross rating. 8. "Auto Reduction Yard" - A lot or yard where two or more licensed motor vehicles or the remains thereof are kept for the purpose of dismantling, sale of parts, sale as scrap, storage, or abandonment. 9. "Basement" - A portion of a building located partly underground, but having half of the floor-to-ceiling height below the average grade of the adjoining ground. 10. "Basement Walkout" - A basement having an entrance at grade level. ORONO CC 242 (4-1-84) § 10 .24 Subd., 2. Permitted Uses. Within any "LR-1B" One Family Lakeshore Residential District, no structures or land shall be used except for one or ,more of the following uses: A. Any permitted use as regulated in the "R-1A" District. Subd. 3. Conditional Uses. Witham�n any "LR-1B" One Family Lakeshore Residential District, no strActure or land shall be used for the following\uses except by con itional use permit: A. Any conditional use as regulated in the "R-1A" District. . Subd. 4. Accessory Uses. ;Within any "LR-1B" One Family Lakeshore Residential District na" accessory structure or use of land shall be permitted except ,.for one or more of the following uses: A. Any accessory use ' as regulated in the "R-1A" District and 'private docks' subject to the City Code and other applicable regulations, including boat density regulations. Subd. 5 . Area, Height, Lot Width".and Yard Requirements. A. Height. No structure or building shall exceed 2-1/2 stories or thirty feet in height except as provided in Section 10 .75 . N. /'' B. Lots. The following minimum requirements shall be observed': Side Yard \S.ide Yard Lot Lot Front Adjacent to Rear Adjacent to Area Width Yard Another Lot Yard Street 1 re 140 feet 35 feet 10 feet 30 feet 35 feet SEC. 10.25. LR-1C ONE FAMILY LAKESHORE RESIDENTIAL DISTRICT. Subd. 1. Purpose. The "LR-1C" One Family Lakeshore Residential District is intended to provide a district which will allow a combination of medium density residential development and limited agricultural activity. Planned residential developments may be allowed by conditional use permits. The proposed land use may not endanger the quality of storm water runoff into Lake Minnetonka. Because of the location of the district near Lake. Minnetonka, special regulations are necessary to protect that natural resource from the effects of intense development. The district shall have immediate access to highways and public sanitary sewer. ORONO CC 285 (4-1-84) § 10 . 25 Subd. 2. Lakeshore Set Back, Hard Cover and Tree Removal Regulations. (See Section 10 .22) . Subd. 3. Permitted Uses. Within the "LR-1C" One Family Lakeshore Residential District, no land or structure shall be used except for one or more of the following uses: A. Any permitted use as regulated in the "R-1A" District. Subd. 4. Conditional Uses. Within any "LR-1C" One Family Lakeshore Residential District, no structure or land shall be used for the following uses except by conditional use permit: A. Any conditional use as regulated in the "R-1A" District except that a Planned Residential Development shall not be limited to detached single family dwellings only. Subd. 5. Accessory Uses. Within any "LR-1C" One Family Lakeshore Residentie.l District, the following uses shall be permitted' accessory uses: A. Any accessory use as regulated in the "R-1A" • District any 'private docks' subject to the City Code and other ..e* applicable regulations, including boat storage density regulations. Subd. 6 . Area, Height, Lot Width and Yard Requirements . • A. Height. No structure or building shall exceed 2-1/2 stories or thirty feet in height except as provided in Section 10 .75 . B. Lots. The following minimum requirements shall be observed: Side Yard Lot Lot Front Side Rear Adjacent to Area Width Yard Yard Yard Street 1/2 acre 100 feet 30 feet 10 feet 30 feet 15 feet SEC. 10.26. LR-1C-1 ONE FAMILY LAKESHORE RESIDENTIAL SUBDISTRICTS. \ �' Subd. 1. Lakeshore Set Bak, Hard Cover and Tree Removal Regulations. (See Section 10:22) Subd. 2. Permitted ses, Conditional Uses, and Accessory Uses. A. Any use as regula ed in the "LR-1C" District. r ORONO CC 286 (4-1-84) ORDINANCE # 11 7 , 2ND SERIES AN ORDINANCE TO AMEND THE ORONO MUNICIPAL CODE BY REVISING SECTION 5.42 AND ADDING SECTION 5.43 RELATING TO BUSINESS AND JOINT USE OF LAKE FACILITIES The City Council of Orono ordains as follows: • SECTION 1. Section 5.42 is hereby amended as follows: SEC. 5.42. BUSINESS AND JOINT USE OF LAKE FACILITIES. Subd. 1. Definitions. For the purpose of this Section, the following terms have the meanings given them: A. "Boat Slip, Water" means a structure, space, dock or other thing designed or used for the docking, mooring or storing of a boat temporarily or permanently in or on water, including mooring posts, buoys or other devices. B. "Boat Slip, Land" means a structure, space or other thing designed or used for storing a boat temporarily or permanently on land adjacent to a lake, whether it is located on or off the licensed premises. C. "Business or Docking, Moering, er Storing lits" means renting - - - - - _ - . . -- = - - - = - .-- - -- -_ "Boat Slip. Permanent" means a boat slip on land or water used for the storing of a given boat on a long- term or yearly basis. • D. "Commercial Beat Dock Business-" means ming space for - -•- ' -- •, - - .- .. _ - --, _ beats used in a trade er business, including, :. .. •_:, - , ._. :.. • , :. boats. "Boat Slip. Transient means a beat slip on land or water used for the temporary storage of many different boats for;shortperiods of time. -- --- , - .-. •. _ _ .. . --. -- ' -- - - - -- .. " ,I ,1 , ,1 - _- -- - other structures related to the main dock. "Joint Use" means more than two adjacent riparian landowners joining for the purpose of using, lakeshore property for swimming, bathing. fishing, docking or mooring boats, or for anv other purpose. Joint use includes the following activities: 1. More than two adjacent riparian landowners sharing in the • • 1 • use of a single dock. - 2. An association of riparian and/or non-riparian landowners within a subdivision adjacent to the lake sharing a dock or dock system providing permanent boat slips for the members. 3. In the RS zoning district only. a not-for-profit organization or association providing transient boat slips for stakeholders or a property used for day use recreation or overnight camping purposes. F. "Joint Use" means more than two persons joining far the purpose - •.j . _ • O •_. , - - any other purpose. G. "Business Use" means engaging in the business of decking,mooring •-. , _ -". • .:. .. :. •. • Subd. 2. License Required. It is unlawful for any person to engage or participate in business use or joint use without first having obtained an annual license therefor from the City. Subd. 3. Public Hering. Upon filing of any as. ' - - - • •- . . -:j-. :;-•. - : ' . . :. . :: :: License Application. Any person or group of persons making application for a joint use license 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 applications shall be set by ordinance. • B. Such other regulations-pertaining to the operation ef-the-app t Subd. 4. Public Hearing. Upon filing of any application for 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 • 2 held at the request of the applicant in cases of license revocation or denial. Subd. 5. Joint Use Standards. Joint uses shall adhere to the following standards: A. Any association of riparian and/or non-riparian landowners within a subdivision adjacent to the lake which initiates a new joint use shall adhere to LMCD regulations and no such use shall have more than one boat slip per 50 feet of shoreline as measured by a straight line between the points at which the side lot lines meet the OHWL. Further. all such use shall adhere to the Shoreland Management Regulations of Section 10.56. B. Any joint use in the RS zoning district by a not-for-profit organization or association providing transient boat slips for stakeholders of a property used for day-use recreation or overnight camping purposes shall be allowed only in conjunction with a valid conditional use permit for said use issued by the Council. C. Parking facilities not allowed. No joint use shall be approved which necessitates provision of parking stalls or which creates the need for parking on any street right-of-way. SECTION 2. Section 5.43 is hereby added as follows: SEC. 5.43. MARINA BUSINESS LICENSE. Subd. 1. Definitions. For the purpose of this section. the terms "Boat Slip,. Water". "Boat Slip. Land". "Boat Slip, Permanent", and "Boat Slip. Transient" shall have the meanings given them in Section 5.42. The following terms have the meanings given them: A. "Business Use" means engaging in either a marina business or the business of docking. mooring or storing boats. B. "Marina Business" means engaging in one or more of the permitted, accessory or conditional uses allowed within the B-2 zoning district. C. "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. Subd. 2. License Required. It is unlawful for any persons to engage or participate in business use without first having obtained an annual license therefor from the City. Subd. 3. License Application. Any person or group of persons making license application for business use shall do so on forms provided by the City and shall provide 3 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 ordinance. Subd. 4. Public Hearing. Upon filing of any application for 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. Subd. 5. Business Use License Standards. Businesses required to be licensed under this section shall be subject to the requirements and performance standards of the B-2 Zoning District and per the following business use license standards: A. Insurance Required. Each business shall provide certification of liability insurance coverage for the duration of the license period. B. 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 standards. C. Operation Standards. Each business licensee shall adhere to the following minimum operation standards: 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 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 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 o e� ration plan shall also indicate seasonally variable uses. 4 7. Lights shall be shielded from the road, the lake, and adjacent properties. Subd. 6. 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 said district shall not be required to obtain a license. Subd. 7. License Revocation. Failure to adhere to the business use license standards of Subd. 5 (A through C) shall be cause for license suspension or revocation per the provisions of this chapter. SECTION 3. Adoption and Publication. This ordinance shall be published in THE PIONEER and THE LAKER and shall become effective immediately upon publication. Adopted by the City Council df Orono on the 28th day of June, 1993 by a vote of 3 ayes, 1 nay and 1 abstention. A ST: • L, 77--/ ///' L //- Dorothy M��.11in, City Clerk Edward J. Call an, Jr., Mayor Published in :the :Laker and Pioneer newspaper the week of August 9 , 1993 . • • 5