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11-004CITY OF SHOREWOOD RESOLUTION NO. 11 -004 A RESOLUTION GRANTING A CONDITIONAL USE PERMIT FOR MICHAEL MALONEY AND GABRIEL JABBOUR ALLOWING A CERTAIN NUMBER OF POWER BOATS AT THE SHOREWOOD YACHT CLUB WHEREAS, Michael Maloney and Gabriel Jabbour, (Applicants) are the owners of real property located at 600 West Lake Street (Subject Property) in the City of Shorewood, County of Hennepin, State of Minnesota, legally described on Exhibit A, attached; and WHEREAS, the Applicants operate a multiple dock facility at the Subject Property pursuant to a conditional use permit as set forth in City of Shorewood Resolution No. 00- 111, a copy of which is attached as Exhibit B; and WHEREAS, City of Shorewood Resolution No. 00 -111 specifically limits the water harboring of boats to sailboats, with the exception of four power boats; and WHEREAS, City of Shorewood Resolution No. 00 -111 was amended in 2007 by Resolution No. 07 -029 to allow a fifth power boat to be harbored at the property for the use of the Excelsior Fire District; and WHEREAS, the Applicants have requested an amendment to Resolution No. 00 -111 that would allow them to use fifty percent of their allowable number of boat slips for water harboring of power boats; and WHEREAS, the Applicant's request was reviewed by the City Planner, and his recommendations were duly set forth in a memorandum to the Planning Commission, Mayor and City Council, dated 29 December 2010, which memorandum is on file at the Shorewood City Hall; and WHEREAS, after required notice, a public hearing was held and the application was reviewed by the Planning Commission at its regular meeting on 4 January 2011, the minutes of which meeting are on file at City Hall; and WHEREAS, the Applicants' request was considered by the City Council at its regular meeting on 24 January 2011, at which time the comments of the City Planner, the minutes of the Planning Commission, and written testimony of numerous individuals interested in the matter were reviewed and additional public comments were heard by the Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: FINDINGS OF FACT 1. The Subject Property is located on Gideon's Bay, Lake Minnetonka. 2. The Subject Property currently exists as two parcels of property containing a total of approximately 2.4 acres and is located in the L -R, Lakeshore Recreational zoning district. Land use and zoning surrounding the Subject Property are as follows: North: Lake Minnetonka Bast: Minnetonka Portable Dredging Company; zoned C -4 /S, Service Commercial/Shoreland South: County Road 19, then commercial; zoned C -4 /S and R -C /S, Residential Commercial /Shoreland West: Townhouse common area and single - family residential; zoned P.U.D., Planned Unit Development and R -IB /S, Single - Family Residential /Shoreland 4. Water - harboring of boats is a permitted use within the L -R, Lakeshore Recreational zoning district. The Subject Property is occupied by the Applicants' business, which includes a clubhouse and boat maintenance facility, caretaker dwelling, launch ramp and boat slips for docking 117 boats, all but five of which are currently limited to sailboats only. The Applicants have offered to devise a system to rent slips first to Shorewood residents before opening rentals to the general public. 7. The westerly dock located on the Subject Property is configured for 35 boat slips, designed to accommodate boats up to 30 feet in length. CONCLUSIONS A. Based upon the foregoing, the City Council hereby grants the Applicants a Conditional Use Permit subject to the following: The conditions set forth in Shorewood Resolutions No. 00 -111 and No. 07 -029 remain in force except as modified herein. 2. In addition to the previously approved five power boats, the Applicants are allowed to keep no more than 52 power boats, all of which must be kept at pier 94 and pier #3, the westerly two piers. The Applicants shall provide a plan specifying where the previously approved five boats will be docked. Power boats kept at the westerly dock (Pier 4) shall not exceed 30 feet in length. The Applicants shall submit a detailed written plan, subject to approval by the Shorewood City Council, demonstrating how residents of Shorewood will be given first opportunity for boat slips, before slips are offered to the general public. -2- B. That the City Clerk is hereby authorized and directed to provide a certified copy of this Resolution for filing with the Hennepin County Recorder or Registrar of Titles. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 14th day of February 2011. ATTEST: .s Administrator /Clerk ,,--,IS61tferby, Acto4ayor -3- Description , That Fart of Government Lot 2, Section 34, Township 117, Range 23, described ar bI ows: Beginning at the intersection of the southerly extension of the Ea__ line of Lot 24, 'Auditor's Subdivision Number 313, Hennepin County, Minnesota" with a line drawn parallel with and 25.00 feet Southerly from the center line of the railroad track of the Chicago and North Western Transportation Company (formerly the Minneapolis and St. Louis Railway Company) ; thence Westerly along said parallel line a distance of 621.26 feet; thence Southeasterly 29.64 feet, more or less, to a point which is on a line drawn parallel with and 5D.00 feet Southerly from center line of said railroad track and 606.53 feet Westerly along the last described parallel line from the Southerly extension of the East line of said Lot 24; thence Westerly along the last described parallel line to the West line of said Government Lot 2; thence South along said West line to the center line of County Road Number 19; thence Northeasterly along the center line of County Road Number 19 to the Southerly extension of the East line of said Lot 24; thence North along said extension to the point of beginning, Hennepin County, Minnesota. Parcel 2 That part of Government Lot 2, Section 34, Township 117, Range 23, described as follows: Beginning at the intersection of the East line of Lot 24, "Auditor's Subdivision Number 313, Hennepin County, Minnesota ", with a line drawn parallel with and 18.00 feet Northerly from the center line of the railroad track of the Chicago and North Western Transportation Company (formerly the Minneapolis and St. Louis Railway Company) ; thence Westerly along said parallel line a distance of 639.27 feet; thence Northwesterly to tb 'Southwest corner of Lot 25, "Auditor's Subdivision Number 313, Hennepin Cc .cy, Minnesota•; thence Bastarly along the Southerly line of said Lot 25 to the Southerly extension of the East line of said Lot 24; thence South along raid extension to the point of beginning. Except, that portion of the above parcels 1 and 2 embraced within Lot 297 Auditor's Subdivision Number 135 Hennepin County, Minnesota. Parceli3: That part of Lot 25 lying Westerly of the following described line: Commencing at -the Southeasterly corner of Lot 24; thence South along the East line of said Lot 25 a distance of 24.30 feet; thence deflecting right 79 degrees 25 minutes 40 seconds a distance of 406.48 feet; thence deflecting right 9A degrees 49 minutes 20 seconds to a point on the Southerly line of said Lot 25 which is the true point of beginning of the line being described; thence continuing along last described line to the shore line of Lake Minnetonka and there ending, "Auditor's Subdivision Number 313, Hennepin County, Minnesota." Together with a 12 foot easement for road purposes, the center line of which is described as follows: Commencing at the Southeast corner of Lot 24 of said Auditor's Subdivision; thence South along the East line of said Lot 25, a distance of 24.30 feet to the point of beginning of the line being described; thence deflecting right 01 degrees 39 minutes a distance of 379.0 feetr thence dr - acting right 58 degrees 52 minutes a distance of 46.06 feet to a point on tt,_ East line of above - described property and there ending, as shown in deed Document Number 1052891, Files of Registrar of Titles; (as to Parcel 3) Parcel 4: That part of Government Lot 1, Section 34, township 117, Range 23, described as Lot 293, Auditor's Subdivision No. 135 and adjacent 60 feet of Minneapolis and St. Paul Suburban Railway abandoned sight -Of -way (NOTE: Lot 293 all under water). Exhibit A CITY OF SHORE WOOD RESOLUTION NO. 00-111 A RESOLUTION GRANTING A CONDITIONAL USE PERMIT AND VARIANCE FOR A YACHT CLUB TO MINNETONKA MOORINGS, INC. WHEREAS, Minnetonka Moorings, Inc. (Applicant) has an interest in certain real property located at 600 West Lake Street in the City of Shorewood, County of Hennepin, State of Minnesota, legally described in Exhibit A, attached hereto and made a part hereof; and WHEREAS, the Applicant proposes to expand the Shorewood Yacht Club, which currently occupies the property, add an accessory storage building and additional dock slips; and WHEREAS, the existing Shorewood Yacht Club is a nonconforming use in the R -I A/S and R -3A /S zoning districts and operates under a court - ordered conditional use permit which was issued by the City of Shorewood in Council Resolution 24 -79, which resolution is on file in the Shorewood City offices; and WHEREAS, the City Council has agreed to rezone the subject property to the L -R, Lakeshore Recreational District, in which the existing caretaker dwelling on the property and the outdoor storage of boats require a conditional use permit, pursuant to Section 1201.24 Subd. 4 of the Shorewood City Code; and WHEREAS, the Applicant has requested a variance to the setback requirements for on- site parking on the property; and WHEREAS, the Applicant's request was reviewed by the City Planner, and his recommendations were duly set forth in memoranda to the Planning Commission dated 27 September 2000, and 1 November 2000 which memoranda are on file at City Hall; and WHEREAS, the Applicant's request was reviewed by the City Engineer, and his recommendations were duly set forth in a memorandum to the Planning Commission dated 1 November 2000, which memorandum is on file at City Hall; and WHEREAS, after required notice, a public hearing was held and the application was reviewed by the Planning Commission at their regular meeting on 3 October 2000, the minutes of which meeting are on file at City Hall; and WHEREAS, the Applicant's request for a conditional use permit and variance was considered by the City Council at its regular meeting on 13 November 2000, at which time the Planner's memoranda, the City Engineer's memorandum and the minutes of the Planning Commission were reviewed and comments were heard by the Council from the City Staff. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: Exhibit B FINDINGS OF FACT 1. That the Subject Property is located in an R -1 /A, Single - Family Residential /Shoreland and R- 3A/Multiple- Family Residential /Shoreland zoning district and contains approximately 4.7 acres. 2. That the subject property currently exists as two parcels of land as described in Exhibit A, attached hereto and made a part hereof. 3. That the westernmost parcel is currently occupied by three dock structures that were originally intended for use by certain residents on Timber Lane. The westernmost dock is accessed by an easement in favor of the owner of the property located at 5585 Timber Lane. 4. That the Shorewood City Council has agreed to rezone the subject property to the L -R, Lakeshore Recreational District, upon proof of recording of the deed conveying property described in Exhibit A to Shorewood Yacht Club that shall contain the following language: "Grantee shall not convey this property to any other person or entity without including in the conveyance, the property described on the attached Exhibit A (being the property immediately contiguous to the subject property lying to the east), without prior written consent of the City of Shorewood." 5. That a clubhouse facility, a caretaker dwelling, a boat launch ramp and boat docking for 80 sailboats plus 2 management slips currently occupy the site. 6. That, in addition to the water harboring of boats, the Applicant's application proposes the following activities for the subject property: 1) sailboat rental; 2) sailing school; 3) incidental boat sales; and 4) storage of weed harvesting equipment. 7. That the Applicant proposes to extend a fourth pier from the westernmost existing pier on the site, increasing the number of boat slips from 82 to 117. 8. That the Applicant proposes to construct a small pedestrian bridge between the existing Yacht Club property and the newly acquired westerly parcel. 9. That the Applicant proposes to locate a small sailboat storage rack for the use of a youth sailing school which will be conducted on the westerly parcel. 10. That the Applicant proposes to erect a boat dock frame and canopy on the westerly parcel to be used as a shelter for the youth sailing school. 11. That the Applicant's plans show parking for 121 vehicles. 12. That the Applicant's plans are illustrated in the site plans shown on Exhibits B and C, attached hereto and made a part hereof. 13. That the subject property is located on a lake with at least two public accesses and is at least 5000 feet away from any other multiple dock facility. 14. That the subject property currently displays three signs, whereas the Shorewood City Code limits the number of signs in the L -R District to two. 15. That the City has no record of complaints of noise in recent years relative to the subject property. 16. That the Applicant proposes additional landscaping and screening along the west side of the site, abutting the shoreline of the lake and along the south side of the H.C.R.R.A. right -of -way and along the south side of the site abutting County Road 19, as shown on Exhibit D, attached hereto and made a part hereof. CONCLUSIONS 1. That based upon the foregoing, the City Council hereby grants the Applicant's request for a conditional use permit for a sailing yacht club at 600 West Lake Street. 2. That this approval is subject to the following conditions: a. The Applicant must comply with the requirements of Section 1201.24 of the Shorewood City Code and must obtain an annual license for the facility, pursuant to Subd. 10 of that section. b. The Applicant must obtain a multiple dock license, special density license and necessary variances from the Lake Minnetonka Conservation District. C. The permit shall be limited to the docking of sailboats, except for three power boats used by the management of the Yacht Club. In addition, the dock located at the westernmost end of the subject property shall be limited to one boat owned by the residents of 5585 Timber Lane. Weed harvesting equipment shall not count against the allowable number of power boats. d. The proposed buildings shall be constructed as shown on Exhibits B and C, attached hereto and made a part hereof, and must be constructed in compliance with the Minnesota State Building Code. C. Landscaping shall be installed and maintained according to the approved landscape plan as shown on Exhibit D, attached hereto and made a part hereof. Landscaping shall be completed by 15 Tune 2001. f. Hours of operation shall be as follows: Sunday through Thursday: 6:00 A.M. to 10:00 P.M. Friday through Saturday: 6:00 A.M. to 1:00 A.M. g. Dock quiet hours shall be between the hours of 10:00 P.M and 6:00 A.M. h. Sailboats, when not in use, shall have their halyards secured by such devices as will minimize any noise that may be caused by them. i. Right -of -way shall be given to all barges and work boats being used by the adjacent dredging company. j. Any radios utilized on -board sailboats shall be kept below decks with their volume at a discreet level. lc The Applicant shall install a solid core steel door on the gasoline storage shed, per the requirements of the Fire Marshall. Gasoline storage shall be limited to that which is used by the management of the Yacht Club. The shelter for the youth sailing camp shall be a seasonal boat dock canopy to be taken down at the end of the sailing season. m. The storage rack for the youth sailing camp shall be located 50 feet back from the ordinary high water level of Lake Minnetonka. n. The access drive from Timber Lane to the westerly portion of the site shall be gated and locked except for occasional maintenance activities. The driveway shall not be used as access to the youth sailing camp. o. No dredging is anticipated as part of this permit. Any future dredging requests will be subject to normal dredging permit procedures. P. Any dock pilings to be installed must be driven as opposed to a jetting method. q. The American Disabilities Act parking spaces must be constructed consistent with the State Building Code and are subject to the conditions imposed by the Lake Minnetonka Conservation District. r. Curbstones shall be installed for each parking stall on the site. S. The overflow parking area shown on Exhibit B in the southwest corner of the site is not approved as part of this permit. t. Prior to any further work being done on the site, the Applicant must provide in recorded form, evidence that the deed for the land described in Exhibit A, attached hereto and made a part hereof, contains the following language: "Grantee shall not convey this property to any other person or entity without including in the conveyance, the property described on the attached Exhibit A (being the property immediately contiguous to the subject property lying to the east), without prior written consent of the City of Shorewood." 4 U. The Applicant shall submit a signage plan for the property in compliance with the requirements of the Shorewood City Code. 3. That the Applicants have satisfied the criteria for the grant of a variance under the Shorewood City Code and has established an undue hardship as defined by Minnesota Statutes. 4. That based upon the foregoing, the City Council hereby grants to the Applicants a setback variance for the parking lot as shown on Exhibit B, subject to the conditions set forth herein. 5. That the City Administrator /Clerk is hereby authorized and directed to provide a certified copy of this resolution for filing with the Hennepin County Recorder or Registrar of Titles. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 27th day of November 2000. WOODY LOVE, MAYOR ATTEST BRADLEY J. "SEN, CTING CITY ADMINISTRATOR/CLERK Description , Farce: 1: - That Part of Government Lot 2, Section 34, Township 117, Range 23, described a, nliows: Beginning at the intersection of the Southerly extension of the Ea__ line of Lot 24, "Auditor's Subdivision Number 313, Hennepin County, Minnesota' with a line drawn parallel with and 25-DO feet Southerly from the center line of the railroad track of the Chicago and North Western Transportation Company (formerly the Minneapolis and St. Louis Railway CoTpaay); thence Westerly along said parallel line a distance of 621.26 feet; thence southeasterly 29.64 feet, more or less, to a point which is on a line drawn parallel with and 50.00 feet Southerly from center line of said railroad track and 606.53 feet Westerly along the last described parallel line from the Southerly extension of the East line of said Lot 24; thence Westerly along the last described parallel line to the West line of said Government Lot 2; thence South along said West line to the center line of County Road Number 19; thence Northeasterly along the center line of County Road Number 19 to the Southerly extension of the East line of said Lot 24; thence North along said extension to the point of beginning. Hennepin County, Miamesota. Parcel 2 That part of Government Lot 2, Section 34, Township 117, Range 23, described as follows: Beginning at the intersection of the East line of Lot 24, "Auditor's Subdivision Number 313, Hennepin County, Minnesota', with a line drawn parallel with and 18.00 feet Northerly from the center line of the railroad track of the Chicago and North Western Transportation Company (formerly the Minneapolis and St. Louis Railway Company); thence Westerly along said parallel line a distance of 639.27 feet; thence Northwesterly to tb 'Southwest corner of Lot 25, "Auditor's Subdivision Number 313, Hennepin Cc, .cy, Minnesota`; thence East- along the Southerly line of said Lot 25 to the Southerly extension of the East line of said Lot 24; thence South along said extension. to the point of beginning. Except, that portion of the above parcels 1 and 2 embraced within Lot 297 Auditor's Subdivision Number 135 Hennepin County, Minnesota. Parcel 3: - That part of Lot 25 lying Westerly of the following described line: Commencing at the Southeasterly corner of Lot 24; thence South along the East line of said Lot 25 a distance of 24.30 feet: thence deflecting right 79 degrees 25' minutes 40 seconds a distance of 406.48 feet; thence deflecting right 94 degrees 49 minutes 20 seconds to a point on the Southerly line of said Lot 25 which is the true point of beginning of the line being described; thence continuing along last described line to the shore line of Lake Minnetonka and there ending, "Auditor's Subdivision Number 313, Hennepin enunty, Minnesota." Together with a 12 foot easement for road purposes, the center line of which is described as follows: Commencing at the Southeast corner of Lot 24 of said Auditor's Subdivision; thence South along the East line of said Lot 25, a distance of 24.30 feet to the point of beginning of the line being described; thence deflecting right 81 degrees 39 minutes a distance of 379.0 feet; thence df acting right 58 degrees 52 minutes a distance of 46.06 feet to a point on tl,- East line of above - described property and there ending, as shown in deed Document Number 1052891, Files of Registrar of Titles; (as to Parcel 3) Parcel 4: That part of Government Lot 1, Section 34, township 117, Range 23, described as Lot 293, Auditor's Subdivision No. 135 and adjacent 60 feet of Minneapolis and St. Paul Suburban Railway abandoned right -of -way (NOTE: Lot 293 all under water). Exhibit A l F Ilk 2 t. r° e � a. Tiff \ `\ J A n i A i t .< I mI� _ \ �"- s%f . 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