07-075CITY OF SHOREWOOD
RESOLUTION NO. 07-075
A RESOLUTION GRANTING AN INTERIM 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, acopy ofwhich 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 munber 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 26 September 2007, 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 2 October 2007. The
Planning Commission again reviewed the application at its meeting on 16 October 2007, at
which time it received additional public comment. The minutes of these meetings are on file
at City Hall; and
WHEREAS, the Applicants' request was considered by the City Council at its regular
meeting on November 26, 2007, at which time the comments of the City Plarmer and other City
staff, the minutes of the Plamling 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 three 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
East: 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-1B/S, Single-Family
Residential/Shoreland
4. Water-harboring of boats is a pernlitted use within the L-R, Lakeshore Recreational
zoning district.
5. 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.
6. The Applicants have offered to devise a system to rent slips first to Shorewood
residents before opening rentals to the general public.
The westerly dock located on the Subject Property is configured for 35 boat slips,
designed to accommodate boats up to 30 feet in length.
8. Shorewood's Zoning Code provides for interim conditional use permits, one of the
purposes of which is "To allow a use for a brief period of time while permanent
location obtained or constructed."
CONCLUSIONS
A Based upon the foregoing, the City Council hereby grants the Applicants an Interim
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. The Applicants are allowed to keep no more than 35 additional power boats, all
of which must be kept at the westerly dock on the property. The Applicants
shall provide a plan specifying where the previously approved five boats will
be docked.
Power boats kept at the westerly dock shall not exceed 30 feet in length.
-2-
4. The Interim Conditional Use Permit shall be in effect for three years from the
date of this resolution, during which time the use of the Subject Property shall
be monitored for compliance with the terms of Shorewood Resolution No. 00-
111 and 07-029.
5. Shorewood Planning staff will monitor complaints filed through the South Lake
Police Department and provide the Plamling Commission with an annual
update as to the Subject Property's compliance with the Interim Conditional
Use Permit, including, but not limited to the following:
a. The number and size of power boats kept at the Subject Property.
b. Hours of operation.
c. Noisy activities after business hours.
d. Traffic issues (parking, congestion and accidents).
e. Verifiable adverse environmental effects.
6. 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.
7. Within three years and 60 days of the adoption of this resolution, the City shall
conduct a public hearing to consider whether the harboring of 35 power boats
may continue as a conditional use or the Interim Conditional Use Permit shall
expire. The determination shall. be based. upon the number and. the nature of
complaints received. and. compliance with this permit. The Interim Use
Conditional Use Permit shall be subject to the provisions of Section 1201.04
Subd. 4,c.,f. and g. (termination, violations and revocation, respectively) of the
Shorewood Zoning Code. Any conversion from Interim Conditional Use to
permanent Conditional Use shall follow the criteria and procedures for
conditional use permits in effect at the time the conversion is considered.
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 26r_h day
of November , 200 7
CHRISTINE LIZEE, MAYOR
ATTEST:
;''~ ~ ~
P
CRAIG";~: DAWSON, CITY ADMINISTRATOR/CLERK
!~
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(Insert Exhibit A
-Legal Desc.)
-4-
CITY 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 Hail; 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 SOLVED 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 E
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:
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.
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.
e. 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.
Hours of operation shall be as follows:
Sunday through Thursday
Friday through Saturday:
6:00 A.M. to 10:00 P.M.
6:00 A.M. to 1:00 A.M.
3
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.
ic. 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.
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.
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 Je SEN, CTING CITY ADMINISTRATOR/CLERI~
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