00-111CITY OF SHOREWOOD
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-lA/S
and R-3A/S zoning districts and operates under acourt-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:
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.
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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.
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 June 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.
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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.
Right-of-way shall be given to all barges and work boats being used by the
adjacent dredging company.
Any radios utilized on-board sailboats shall be kept below decks with their
volume at a discreet level.
lz. 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.
1. 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.
Curbstones shall be installed for each parking stall. on the site.
The overflow parking area shown on Exhibit B in the southwest corner of the site
is not approved as part of this permit.
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."
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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.
/ i
WOODY LOVE, MAYOR
ATTEST:
BRADLEY J. SEN, CTING CITY ADMINISTRATOR/CLERK
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Description:
Farce= 1: _.
That Fart of Government Lot 2, Section 34, Township 117, Range 23, described
as allows: 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 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, Mi~nesat'a.
Parcel 2
That part of Government Lot 2, Section 34, Township 11?, Range 23, described
as fo:lows: 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
tr'" Southwest corner of Lot 25, "Auditors Subdivision Number 313, Hennepin
Cc .cy, Minnesota"; thence East.:rly along the Southerly line of said Lot 25 to
the Southerly extension of the East line of said Lot 24; thence South slang
said extension to the point of beginning.
Except.. that portion of the above parcels 1 and 2 embraced within Lot 29T
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 feats thence defleceting
right 9.~4 degrees 49 minutes 20 seconds to a point on the Southerly lime 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 earner of Lot 24~ of
said ~luditar's Subdivision; thence South along the $ast line of said Lot 25, a
distance of 24.30 feet to the point of beginning of the line being described;
thence deflecting right X31 degrees 39 minutes a distance of 379.0 feefi:; thence
d~ acting right 58 degrees 52 minutes a distance of 46.06 feet to a paint on
t1-,~ Bast line of above-described property and there ending, as shown in deed
Document Number 105.2891, Files of Registrar of Titles; (as to Farcel ~I}
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).
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