HomeMy WebLinkAboutCU94-03 CUP & Variances
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STAFF REPORTS
'CU03CC'
AGENDA #:
PREPARED BY:
SUBJECT:
DATE:
INTRODUCTION:
DISCUSSION:
ISSUES:
ALTERNATIVES:
RECOMMENDATION:
ACTION REQUIRED:
REVIEWED BY:
STAFF AGENDA REPORT
BE
DEB GAR ROSS, ASSISTANT CITY PLANNER
CONSIDER CONDITIONAL USE PERMIT FOR WAGON BRIDGE
MARINA
AUGUST 1, 1994
The purpose of this item is to consider an application by Eagle Creek
Properties, Inc., represented by Jim Sentyrz. The applicant requests that
the zoning status of the marina be upgraded from a legal non-conforming
use to a conditional use permit. See attached Planning Reports and
Planning Commission minutes for reference to this item.
The Planning Commission held hearings to consider this issue on June 2,
16, and July 7, 1994. Extensive discussion occurred between the
applicant; representatives of the Gl"ainwoodWestTownhome Association
and Planning Commission. The result of the meetings was a mutually
agreed upon document outlining conditions under which the marina
should operate. City Attorney, Glenn Kessel drafted the attached
conditional use permit which combines relevant conditions from the
underlying Zoning Certificate and operational requests of the applicant.
The conditional use permit prepared by Glenn Kessel is acceptable to the
applicant however, the Grainwood West Townhome Association had not
reviewed the document as of the date that this report was written. A copy
was sent to Nan Miller, the attorney representing the Association, and she
may submit comments to the City Council on Monday night.
1.
Approve the conditional use permit as submitted or with changes
directed by the City Council.
Continue the item for specific purposes.
Deny the application which would result in a continuance of the
current zoning certificate.
2.
3.
Alternative #1 .
A motion to approve the conditional use permit for Eagle Creek Properties
Inc.
A~.6t~~i
Bonnie Carlson, Assistant City Manager
4629 Dakota St. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPI"OFnUNITY EMPLOYER
Prior Lake City Council Minutes
August 1, 1994
Mr. Burtness had suggested a Confession of Summary Judgment
in lieu of either the Performance Bond or Letter of Credit. Mr.
Burtness addressed the Council with his concerns. Discussion
occurred regarding the construction of C.R. 83 and need to make
sure the taxpayers of Prior Lake be protected against any monetary
loss. Mayor Andren suggested that the City Attorney and City
Manager check into the Confession of Summary Judgment as an
alternative method of security and/or other alternatives available
that would be satisfactory to both the City and Mr. Burtness.
5. Streets in The Wilds - Discussion occurred regarding private vs
public streets and the PUD requirements. More research needs to
be done by the developer and staff before proceeding on this item.
A report will be provided to the Council.
6. MSA Consulting Engineers - Discussion occurred regarding the
competency of MSA Consulting Engineers and the pros and cons
of changing consultants at this stage. Council concurred that there
is no reason to change consulting engineers on this project.
E. Consider Conditional Use Permit for Wagon Bridge Marina. - Assistant
Planner Garross presented a map of the proposed area and details of the
request for a change of their zoning designation from a legal
non-conforming use to a conditional use. Ms. Garross discussed several
items of the Conditional Use Permit.
, ~. {_ 11 ~ ^ ~ fc MOTION BY KEDROWSKI, SECONDED BY SCHENCK,TO APPROVE
:O.,g\JLVlJl..IL.\\- THE CONDITIONAL USE PERMIT DOCUMENT FOR EAGLE CREEK
~ use.. PROPERTIES AS RECOMMENDED.
~\lM i\ Brad and Tina King - addressed the Council with regard to their access
rights across the Eagle Creek Properties' parking lot that has been
designated the overflow parking area in the Conditional Use Permit. City
Attorney Kessel advised them that they should review the terms of
Conditional Use Permit and should continue their action to quiet title as
advised by their attorney. This is a matter between the Kings and Eagle
Creek Properties; the City has no authority in this dispute.
F. Consider Approval of Preliminary Plat for Sterling South at The Wilds. Ms.
Garross presented a map of the plat showing the replat of outlot P into an
88 townhome development. Ms. Garross discussed the variances for
cul-de-sac length and internal street system to be designated as private
streets.
Scott Clements, David Carlson Companies, wanted to make sure that Item
9 (tree plantings) were in compliance with City's requirements. His
request is for preliminary plat approval to start construction on two
buildings. A discussion occurred regarding the Subdivision Ordinance as
it relates to this request. The Council concurred that they would address
the issue of building permit issuance for a model at the final plat stage.
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"CU4PR2"
PLANNING REPORT
AGENDA ITEM:
SUBJECT:
PRESENTER:
PUBLIC HEARING
DATE:
3
EAGLE CREEK PROPERTIES CONDITIONAL USE
PERMIT AND VARIANCES
DEB GARROSS, ASSISTANT CITY PLANNER
XYES _NO
JULY 7,1994
INTRODUCTION:
The Planning Commission has considered this item on June 2, 1994, and June 16, 1994. Both
times the Planning Commission gave specific direction to the applicant to provide greater detail
and additional data relative to the marina operation. The applicant has submitted a third draft of
his conditional use permit proposal titled "Conditional Use Permit of Eagle Creek Properties,
Inc. dba Wagon Bridge Marina and Services, Inc." which is attached for your review. The
document was not dated.
DISCUSSION:
The issues relative to this operation on June 16, 1994, were as follows:
1. Storage areas of equipment incidental to the operation of a marina were to be
delineated on the site plan. The text makes reference to the site plan in specific
areas. The applicant however, did not submit a revised site plan. I suggest that the
previously submitted site plan dated February 9, 1994, and revised June 8, 1994,
be used to delineate the storage areas at this time. The applicant should then be
required to revise the site plan showing any and all changes which will become
part of the conditional use permit as the official development plan.
2. The application was to include definitions of recreational vehicles and lake shore
associations. The definitions are included in paragraph 2, page 2. In the
recreational vehicle definition, the abbreviation, PWC, stands for personal water
craft should not be used.
3. The language discussing the future service and shop addition but no plans and
detail were provided, should be removed from the text. Paragraph 3, page 2, still
references the need for additional storage and benefits to the marina and public.
4. The application was to be very specific in the area of retail sales specifically in
the food products area. See paragraph 9, page 4, which includes a list of food
items to be sold.
4629 Dakota 51. 5.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
5. Special events were to include a time limit and scope of the events. See
paragraph 12, page 6, which limits special events to one hour after sunrise to
dusk.
6. The Commission wanted an OpInIOn relative to parasailing from the City
Attorney. Mr. Kessel will be at the meeting to discuss this issue.
7. The applicant was to provide the Commission with the number of rental devices
cunently on the site and anticipate where these devices are kept. This information
has not been provided.
8. Paragraph 4, page 2, is not clear and should be reworded. Spring and fall
probably refers to ice-in and ice-out periods. The personal pronoun "those" in the
beginning of the sentence is used in an ambiguous way and should be clarified.
9. Paragraph 5, page 3, should be amended to indicate Prior Lake's approval of the
dock layout. The cunent wording suggest that the DNR has sole control over the
design and number. Both Prior Lake and the DNR share this review process.
Under the Conditional Use permit, the Planning Commission can certainly require
changes in the number and dock layout.
10. Paragraph 10, page 5, requires striping and the placement of curb block. The
Planning Commission should specify a time frame when this work is to be
completed.
11. Paragraph 11, page 5, allows the City Manager to extend the pre-season and
post-season on premise storage. Specific language and criteria should be included
as to the process and conditions which must exist for the continuation of such
storage.
12. The text should be consistent in the use of the auxiliaries shall be and is, in
conjunction with the word authorized. The text now uses "shall be authorized"
and "is authorized". The latter can be construed to mean that such authorization
already exists. Shall be indicates futm1ty or pelmission to operate, which in this
case may be approp11ate.
ITEMI - FRANKBOYLES- BY-LAWS REVIEW
Oty Manager Boyles summarized the revised By-Laws. There is a need to be consistent throughout all the
committees. A change for the Planning Commission is the meeting day which will now be the second and
fomth Monday of each month at 7 :00 PM. A change in the chaiIman duties was stated as well as the goals
and objectives of all committees.
A recess was called at 7:45 P.M. and reconvened at 8:00 P.M. at which agenda ItemllI was scheduled
t'
ITEM ill - EAGLE CREEK PROPERI1ES -CONDmONAL USE AND VARIANCES -
CONfINUATION
Deb GarToss, Assistant City Planner, presented the information as per planning repOlt of July 7, 1994, and
the issues relative to this operation which were outlined in items numbered 1 to 12 in the Staff repOlt. This
application has been continued from Jlme 2, and June 16, 1994. A letter from Norbert Traxler voicing an
objection to the conditional use was identified.
Diane Sentyrz representing Eagle Creek Properties, dba Wagon Bridge Marina, 15862 Eagle Creek
Avenue, stated the application is to change the marina from a legal non-conforming zoning status to a
conditional use. The City COlmcil and the Planning Commission have already identified the need for the
m81.ina to continue to exist on Prior Lake as is evident by Policy 7 of the Comprehensive Plan. The marina
should be allowed to provide services without undue constraint The marina is operating under a Zoning
Celtmcate issued in 1981 by the City of Prior Lake, We are asking no less than what is currently allowed in
the existing Zoning Celtificate with the addition of 38 boat slips. All other items in the proposed conditional
use request are items that the marina is allowed to do. The reason for requesting a conditional use permit
are as follows: The need to incorporate the required variances into the conditional use permit; the removal
of the public launch for n'ansient naffic; and the addition of 38 boat slips making the total 94, as already
approved by DNR
Nan Miller, 3647 Garfield Avenue South, Minneapolis, representing the Grainwood West Townhome
Association, asked. for clarification on the two maps submitted Ms. Miller asked. that any reference to
fumre and proposed expansion be removed from the application. The following items are issues of concern;
a weight limit on recreational vehicles be included. in the definition, hours, tom boat operation, licenses,
par'king, policing, parasailing, retail sales, storage, special events, noise level, and the shared access.
Jim Sentyrz, co-owner of Wagon BIidge M81.ina, stated the marina was in existence before any townhomes
were built. The m81.ina is nying to COlTect the naffic problem by eliminating public lalmching, Rental
craft is allowed. by the zoning celtificate, The request is for appropliate valiances for the existing building,
par'king 101, and boat ramp. The proposed conditional use pelTnit uses tl1e same guidelines as the existing
zoning celtificate
Ms. GarToss asked the applicant to delineate the following:
1. Remove the items proposed for future proposals from the site plan.
2. Delineate the actual space on the map of the location of outside storage.
3. S how on the map the l1lill1ber of parking spaces and location of the overflow parking area
Diane Sentyrz delineated the above requests on the map. Ms. Sentyrz also stated as a point of infOlmarion
that a survey had been done of the marina propelty and it showed there is no easement for tl1e King propelty
as was declal-ed by Mr & Mrs. King.
Commissioner Kuykendall stated parking will regulate itself and the townhome association should only be
concemed. about shared access issues.
PLANNING COMMISSION
July 7, 1994
Page 2
The Planning Commission reviewed each provisions of the applicant's proposal. City Attorney Glenn
Kessel will review the proposal and submit an amended document for the City Council, outlining the
contingencies for approval of the conditional use permit and variances.
MarrON BY ROSE1H, SECOND BY KUYKENDALL, TO RECOMMEND THAT TIffi CITY
COUNCIL APPROVE TIffi CONDmONAL USE PERMIT AND VARIANCES FOR EAGLE CREEK
PROPERTIES, INC., DBA WAGON BRIDGE MARINA AND SERVICE, INC., RATIONAL BASED ON
TIffi AMENDED DOCU1v1ENTDATED JULY 7, 1994, AND SITE PLAN EXHIBITS A AND B.
Vote taken signified ayes by Roseth, Kuykendall, Arnold, Vonhof, and Loftus. MarrON CARRIED.
A recess was called at 9:30 P.M. and the meeting reconvened at 9:35 P.M.
ITEM IV - JERRY HALLIDAY - VARIANCE
Chairman Arnold advised the Commissioners that the information submitted by the applicant was incorrect
and will be resubmitted to Staff.
MarrON BY LOFfUS, SECOND BY KUYKENDALL, TO CONTINUE TIffi VARIANCE
APPliCATION FOR JERRY HALUDAY; 16604 INGUADONA BEACH CIRCLE, TO JULY 21, 1994,
AT 9:30 P.M.
Vote signified ayes by Loftus, Kuykendall, Vonhof, Arnold, and Roseth. MarrON CARRIED.
ITEM V - MICHAEL FISCHBACH - VARIANCE
Michael Fischbach, 84 West Duck Pond Drive, West St Paul, stated he is requesting two variances in order
to constmct a deck on his lakefront cabin at 16244 Lakeside Avenue. A letter from his adjacent neighbor on
Lot 25, Michael and Karen LOlinser, was read into the record supporting the variance request
Gina Mitchell, Associate Planner presented the information as per planning repOlt of July 7, 1994. The
request is for a 13 foot lakeshore Valiance from the 75 foot lakeshore setback requirement and a 2 foot east
sideyard. Valiance from the 10 foot sideyard. setback requirement The subject site is a small substanctaI'd
Lot of Record and was platted under a previous governing body. The applicant will COnstr1.1ct the deck to
save the trees on the lot The proposed improvements obselve the spirit and intent of the Zoning O1dinance
and substantial justice would be realized by allowing the owner of the propelty to use and develop in a
manner consistent with the character of the neighborhood and special needs of lakeshore living. Hardship
is caused by the application of current zoning regulations and is not the result of the property owner.
Comments from the Commissioners were on house site lines, appreciate effOlt to save tree, hardship criteria
has been met. and all were in support of the Valiance.
MarrON BY VONHOF, SECOND BY LOFfUS, TO APPROVE A THIRTEEN (13) FOOT
LAKESHORE VARIANCE AND A TWO (2) FOOT EAST SIDEYARD VARIANCE REQUIREMENT
FOR 16244 LAKESIDE AVENUE. RATIONAL BEING TIffi LOT IS A SUBSTANDARD LOT OF
RECORD, HARDSHIP IS CAUSED BY TIffi CURRENT REGULATIONS OF TIffi ZONING
ORDINANCE AND IT WOULD NOT BE DETRIMENTAL TO TIffi HEAL1H AND WELFARE OF
TIffi NEIGHBORHOOD.
Vote taken signified ayes by Vonhof, Loftus, Roseth' Amold, and Kuykendall. MarrON CARRIED.
A recess was called at 9:50 P.M. until the scheduled public healing at 10:00 P.M.
PLANNING COMMISSION
July 7.1994
Page 3
SIGN UP SHEET
CONDITIONAL USE PERMIT REQUEST
WAGON BRIDGE MARINA
BY
EAGLE CREEK PROPERTIES
June 6, 1994
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'CU03P2'
PLANNING REPORT
AGENDA ITEM:
SUBJECT:
PRESENTER:
PUBLIC HEARING
DATE:
1
EAGLE CREEK PROPERTIES CONDITIONAL USE
PERMIT AND VARIANCES
HORST W. GRASER
_YES X-NO
JUNE 16, 1994
INTRODUCTION:
On June 2, 1994, the Planning Commission considered the above referenced subject matter. The
item was continued to June 16, 1994, at 6:00 P.M., to allow the applicant an oppOltunity to
provide greater detail for his request. The Planning Commission will convene at 5:00 P.M. on
June 16, 1994, and conduct a workshop on this application.
DISCUSSION:
The applicant has submitted a document dated June 9, 1994, titled "Amendment to Conditional
Use Permit of Eagle Creek Properties Inc. Dated May 4, 1994". The Planning Commission
directed the applicant to be specific in his application and eliminate areas of ambiguity. Also the
Commission stated that they could only consider the marina use and those services and function
that were related and incidental to a mmina use. The initially proposed restaurant and gas
service for on-land vehicles are not uses related to the function or incidental to the operation of a
marina and therefore not a permitted use. Nan Miller, representing the Townhome association to
the west also recommended that the Planning Commission be very specific in its findings. In
general, the audience did not object to the dock expansion if launching services are terminated.
However, those that testified wanted the marina to limit its operation to related malina functions.
A comparison of the attached proposal with the existing zoning celtificate follows:
Item 1:
This item is taken verbatim from the existing zoning celtificate.
Item 2:
The zoning certificate allows 56 slips. The proposal is for 94, an increase
of 38 slips.
Item 2A:
The zoning certificate allows public launching with restricted on-site
parking. the proposal telminates public launching except for spring and
fall launches for lakeshore homeowners.
Item 3:
Both the current zoning certificate and proposal allows fuel service.
Item 4:
The cun'ent zoning certificate pelmits related retail sales. The proposal is
identical to the zoning certificate with the exception of display. The zoning
4629 Dakota 51. 5.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
Item 5:
Item 6:
Item 7:
Item 8:
certificate in Section 6.03 requires all related equipment to be stored in a
designated area. The last sentence in Item 4 suggest a designated storage
area. The planning Commission may want to delineate the area on an
official map of the marina.
The current zoning certificate has no plans for new construction. This term
suggests a future building and is not part of this proposal. The required
variances were not published as part of of the Conditional Use permit.
Section 5.07 permits food and beverage sales insofar as the sales are
incidental to the operation of the marina. The proposal lists categories of
food products taht will be sold on the premises.
The zoning certificate is not very specific but simply states a watercraft
rental service is permitted. The applicant has delineated the type of
watercraft that will be for rent or lease. The marina is currently renting
everything that has been itemized with the exception of parasailing, tour
boat, and sailboards. The tour boat would make the most significant
impact because of its size, parking needs, and service requirements.
The zoning certificate requires the marina to maintain 34 spaces. The
applicant has indicated 36 stalls which will be delineated with concrete
curb stops. The Planning Commission may want to discuss the parking
issue in greater detail especially the grassy area northwest of the driveway.
PLANNING COMMISSION
MINUfES
JUNE 16, 1994
The June 16, 1994, Planning Commission Meeting was called to order by Chaillnan Arnold at 6:00 P.M.
Those present were Commissioners Roseth, Arnold, Loftus, Vonhof, Kuykendall, Director of Planning
Horst Graser, Associate Planner Gina Mitchell, and Secretary Rita Schewe.
Due to malfunction of the tape, approval of the minutes was not recorded.
REVIEWMINUfES OF PREVIOUS MEETING
MarION BY LOFl1JS, SECOND BY ROSEIH, TO APPROVE TIIEMINUIES AS WRIITEN.
Vote taken signified ayes by Arnold, Roseth, Kuykendall, and Loftus. Commissioner Vonhof abstained as
he was not present at the previous meeting. MarION CARRIED.
t ITEM 1- CONfINUATION ON CONDITIONAL USE PERMIT AND VARIANCES FOR EAGLE
CREEK PROPERTIES
Horst Graser, Planning Director, presented the infmmation as per planning report dated June 16, 1994. He
summn1zed items 1 - 8 listed in the planning report.
M1: Huemoeller, presented changes to the items mentioned above for the applicant
Nan Miller~ 3647 Garfield Avenue South, Minneapolis, representing the Grainwood West Townhome
Association, objected to being handed a new plan upon entering the meeting. Her objections were as
follows: there is no designation for storage; parking is already fIlled; adding storage to the property will
cause damage to the townhome property due to the appearance of the marina property, there is no
designation for the additional slippage for the Sheriffs; and lack of a legal definition of the lakeshore
association.
Bryce Huemoeller, 16670 Franklin Trail, explained the definition of a lakeshore association as members of
lakeshore or deeded property that have access via an association on Prior Lake.
Item 3 was summn1zed as adding recreation vehicles with a maximum 0f 500 pounds gross weight
Nan Miller disagreed with the broad defmition of a recreational vehicle in item 4 because it would include
non-mm1na associated vehicles in an already congested area
Bryce Huemoeller summn1zed item 4 as specifying the limitation of retail sales of recreation vehicles by
the Mm1na to watercraft/recreational vehicles, related items, and motors, new and used; maIine parts,
eqlupment, and accessOlles; and other water SpOlts equipment Item 5 adchesses a furore service shop
addition and building remooeling, which does reqlllre a vmlance for repairs and services year. round for
PLANt-JING C0MMISS!(,N
Juno: 16, 1994
pag-= 1
.
watercraft/recreational vehicles. Item 6 dealt with the food service offered by the Marina This would
, allow the Marina to engage in the sale of food and beverages and related selvices necessary and incidental
to the operation of a commercial marina Also, the Marina would be allowed to have periodical special
events, benefits, promotions and related activities on premises, subject to being in compliance with City
On:tinances.
Nan Miller wanted limits on the numrer and types of events. Also she expressed concern about unlimited
food service. She objects to special events, benefits, or promotions unless it's a sale of the related retail
propelty.
Bryce Huemoeller argued that the limitations should be left as they are, rather than specifying exactly what
is allowed. The mmlna should be able to participate in special events such as community celebrations and
customer appreciation days like any other business operation would. They do not want to limit what type of
events they can have.
Commissioner Kuykendall disagreed saying that without limitation, "etc. and the like" was too abstract and
wide open. He suggested striking this verbage and the applicant coming back with specifics.
Diane Sentyrz, Eagle Cleek Propenies, Wagon BIidge Marina, addressed the elimination of the "etc, and
the like..." related to the types of food that will be sold at the marina It was agreed that Sentyrz would
come back with an itemized, detailed list of products. She requested that a Customer Appreciation Day and
possibly an antique boat show, be the types of special events allowed.
Nan Miller objected to approving an unseen list of items to be sold tllat would be later submitted by
Sentyrz. She suggested limiting the hours of an event and requiting pennits to ensure compliance witll City
Oldinances. Ms. Miller also commented on the pm'king congestion.
Commissioner Loftus questioned the additional uses of watercraft and the n'affic flow problems with
ordering food in from other venders and rental nips.
Blyce Huemoeller stated that rental is cll1rently allowed under the zoning certificate and that the tour boat is
the only rental addition.
Diane Sentyrz noted that there are currently three fishing boats in the harbor, two pontoon boats for rental.
fow' personal watercraft waverunners for rental, a tour boat is on order, and cUlTently tllere are no
parasailing boats, sail boards or sailboats.
Nan Miller questioned why City staff opposed in 1989 parking on lot 11 but now is not objecting to it, and
also tlle size and number of parking spaces available for people who will be using the tour boat
ManON BY KUYKENDAlL, SECOND BY LOFTUS, TO CONTINUE THE CONDmONAL USE
PERMIT AND VARIANCE FOR EAGLE CREEKPROPERIY HEARING TO JULY 7, 1994, 8:00 P.M,
Vote taken signified ayes by Kuykendall, Loftus, Roseth, Arnold, and Vonhof. ManON CARRIED.
A recess was called at 7 :05 P.M, The meeting was reconvened at 7: 13 P.M,
ITEM II - PUBLIC HEARING - GOLD NUGGET-COMPREHENSIVE PLAN AMENDMENT.
REZONING. PRELIMINARY PLAT AND V ARIANCFi; FOR KNOB HILL
TIle Public Hearing was called to order at 7:14 P.M. by Chainnan Amold. The public was in attendance
and a sign-up sheet was circulated.
PLANNING COMMISSION
June 16. 1994
Poge 2
...
PLEASE NOTE: THE PLANNING COMMISSION WORKSHOP WILL
BEGIN PROMPTLY AT 5:00 P.M. THE REGULAR PLANNING
COMMISSION MEETING WILL BEGIN PROMPTLY AT 6:00 P.M.
PLEASE NOTE THESE TIMES ON YOUR CALENDARS!
''CU03PC'
PLANNING REPORT
AGENDA ITEM:
SUB JECT:
PRESENTER:
PUBLIC HEARING
DATE:
#1
CONTINUATION OF HEARING FOR CONDITIONAL
USE PERMIT - EAGLE CREEK PROPERTIES, INC.
HORST W. GRASER, DIRECTOR OF PLANNING
_YES -ANO
JUNE 16, 1994
INTRODUCTION:
The purpose of this item is to continue discussion of a proposed conditional use permit
for Wagon Bridge Marina. The hearing was continued on June 2, to June 16, 1994, in
order for the applicant to submit additional materials associated with the application.
The attached materials were submitted to the Planning Department on the afternoon of
June 9, 1994.
Staff will provide an outline of the proposal which will be forwarded to the
Commissioners under separate cover. Please review the attached materials and letter
from Pat Lynch, DNR Hydrologist, in the interim.
4629 Dakota St. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
PHONE NO.
~~T~T~@LJb\
~DEPARTMENT OF NATURAL
Metro Waters, 1200 Warner Road, st.
772-7910
RESOURCES
<'
Paul, MN 55106
FILE NO
rn O'W [g
1119I
~;
June 6, 1994
Mr. Horst Graser
City of Prior Lake
4629 Dakota street S.E.
Prior Lake, MN 55372-1714
Dear Mr. Graser:
We spoke briefly last week about the DNR's position on the
configuration of a private dock, exempt from permitting, and the
potential conflict it can create with adjoining property owners.
In particular, we discussed a situation whereby an individual has
placed a dock in the lake which extends from his or her property
and, at some point, crosses a perceived extension of a common
property line in the lake of Prior Lake. I recall fielding
numerous phone calls and complaints about dock interference of this
nature in 1989 and 1990 during periods of low water on Prior Lake.
There are two schools of thought that I am familiar with regarding
the assumed extension of property rights into public waters. One
is that property lines, when reaching water, continue along a
straight line, where they eventually criss-cross and become very
obscure and confusing. The second school of thought is that
property lines, regardless of the angle they are at when they reach
a public water, continue perpendicular to the water's edge to an
assumed center point.
Of course, nei ther of these interpretations are germane to the
issue of ownership of the lake bed. Ownership is dependent upon
navigabili ty and whether or not a waterbasin is meandered. That is
a whole other matter.
The issue is one of riparian rights and duties. Riparian rights
are property rights arising from owning land adjacent to water.
Those rights include the right to wharf out to a navigable depth,
to take water for domestic and agricultural purposes, to fish, to
swim, and to make such other uses as waterbodies are normally put.
Riparian landowners must exercise their rights reasonably so as not
to unreasonably interfere with the riparian rights of others. It
is a public nuisance and a misdemeanor to "interfere with,
obstruct, or render dangerous for passage waters used by the
public" in accordance with Minnesota statutes, section 609.74.
AN EQUAL OPPORTUNITY EMPLOYER
Mr. Horst Graser
June 6, 1994
Page 2
The long and short of it is this: if the dock in question is not
regulated by the DNR pursuant to Minnesota statutes, section 103G.,
we will not address the matter. It is then a civil matter which
must be remedied through other means.
I have typically encouraged neighbors to "work it out" so that all
can fully utilize and enjoy the State's valued water resources.
I truly hope this helps to clarify our jurisdiction in the matter.
If you have further questions, I welcome you to call me at 772-
7910.
~Jl:'
Patrick J. n
Area Hydrologist
AMENDMENT TO CONDITIONAL USE PERMIT OF
EAGLE CREEK PROPERTIES, INC.
DATED 5/4/94
Jun.e 9, 1994
1. Pre-Season and Post-Season on-Premises Storaqe.
During the Spring of each year between "ice-out" and Memorial Day,
and during the Fall of each year between September 15 and "ice' in",
the Marina shall have a limited right to temporarily store customer
watercraft and/or trailers on-Premises when such storage is
incidental to the process of (a) transporting such watercraft
and/or trailers between the winter storage areas and the lake, and
(b) launching or removing such watercraft therefrom. During the
aforementioned periods, the Marina may store such watercraft and/ or
trai I ers on any designated publ ic parking area located on the
Premises and may perform service and repairs thereto in place
without removing them to the areas specifically reserved for on-
Premises Marina storage. In the event that weather or other
condi tions require ei ther the continuation of such on-Premises
storage after Memorial Day in the Spring, or the commencement of
such on-Premises storage prior to September 15th in the Fall,
specific authority must be obtained by application to the City
Council.
2. Docks and Slips
Rental slips to include a quantity of 94, two designated for use by
the Scott County Sheriff's Department, and additional tie alongs to
accommodate service and rental watercraft. The location and
configuration of the docks and slips will conform to the detailed
drawing as submitted and approved by the Minnesota Department of
Natural Resources.
2A. Public Launch
pubric I aunching at the Marina will be discontinued, wi th the
exception of service customers and lakeshore homeowners. Lakeshore
homeowners will still be allowed to launch in the spring and pull
out in the fall for a one-time fee.
3. Fuel Service
Fuel service will be composed of on-water distribution of fuels and
oils directly into boats and snowmobiles (according to weather) per
Minnesota Department of Natural Resources approved dock layout.
This does NOT include on-land distribution of fuels into
automobiles, trucks, etc.
4. Retail Sales of Watercraft and Related Items
The Marina may engage in the retail sales of watercraft, new and
used; motors, new and used; marine parts; marine equipment and
accessories; fishing bai t; fishing tack 1 e and accessories; and
other water sports equipment and accessories. The Marina may
display such items upon premises year-round and will be positioned
in an area closest to building, so as not to disrupt the normal
flow of traffic and parking. This area will be designated with the
approval of the ci ty of Prior Lake. (see at tached Exhibi t "A")
5. Future Service Sh~Addition and Building Remodeling
Eagle Creek Properties proposes to construct a new service facility
southwest of existing building to eliminate congestion and noise
involved in the repair and maintenance of watercraft and related
products on property. This will also reduce unsightly storage of
watercraft being serviced during the season. The future building
is listed on attached Exhibit "A" and will not exceed 3000 square
feet of enclosed service area. Building will conform to all City
codes and Department of Natural Resources requirements. We are
asking for a variance from the 75 foot setback required by the
Shoreline Management Codes to place the new building inline and in
conjunction with the setbacks existing at the present time. This
will be determined upon future application for building permits.
Floor elevation at present time on existing building is 906.49.
Reconstruction of existing building will encompass the same square
footage of current building (1120 sq. ft.) and the floor elevation
will be per required DNR Shoreline Management elevations. Future
height of building and design will conform to the City of Prior
Lake codes and must be approved before construction.
Per the request of the Planning Commission, we will be including
additional handicap accessible bathrooms and parking areas in the
future construction of the facilities. These will be determined
once the plans are finalized.
Due to the timing of this request, archi tectural drawings of
proposed service building and exising building are not available.
Economics also play an important role in the future construction of
these facilities. Under this conditional use permit, we are only
asking for the variances and conditions to be set to allow us to
continue with future plans to improve and update all services at
the Marina.
6. Food Service
The Marina requests that all food services necessary and incidental
to the operation of the Marina include the following:
Pops, candy, snacks, etc.
Pre-processed foods such as
sandwiches and the like.
Coffees, donuts, breads, etc.
pizzas,
hotdogs,
stewart
Picnic facilities for Marina customers will be allowed on the decks
surrounding the Marina. These are NOT public picnic grounds, but
merely a place where customer can sit and enjoy their snacks
purchased from the Marina or other facilities in Prior Lake. These
include businesses such as Dominos, Green Heights, McDonalds, etc.
This will not preclude the picnic facilities from being used for
private enjoyment of Marina customers or employees.
7. Rental Watercraft
The Marina may provide a watercraft rental service in conjunction
with their Marina operation to include the following:
Fishing Boats, Canoes, Paddle Boats
Pontoon Boats
Personalized Watercraft Rental (Waverunners, etc)
parasailing Boat
Tour Boat
Sailboards, sailboats and related windpowered watercraft
Fishing boats 16' to 20' rental boats with/without motors
specifically used for fishing and touring.
Pontoon boats - 18' to 28' rental boats wi th. motors for larger
group rentals.
Personalized watercraft - Yamaha Waverunners, etc. for rental.
parasailing boat Specialized boat, designed and Coast Guard
approved for winching in and out of boat directly, so as not to
interfere with other boat traffic on the lake. Parasailing will be
done only on lower lake in the main body of water north of Reeds
Island to Sand Point Beach. Special permit may be issued by the
Ci ty of Prior Lake to do parasai I ing during Ci ty functions in
conjunction with special activities on the lake.
Tour boat - 4S'X14' Coast Guard approved deck boat designed for a
capacity of 49 persons that will tour Prior Lake between the hours
of 8 a.m. and midnight daily. Boat will be moored to the South of
the fuel dock. All parking for tour boat wi 11 be designated in
outlot #11 or offsite based on groups renting boat. All food will
be catered or supplied by rental parties. Rental of this boat will
include boat, captain and deckhand only. Operation of this boat is
at the sole discretion of the lessee (Wagon Bridge Marina) and will
be responsible for controlling the use and rental. This boat will
contain handicap accessible bathroom that will be pumped out daily
through the existing sewer system at the Marina. During winter
months, the Marina reserves the right to dry dock this watercraft
alongside retaining wall area between service shop and access road
to Wagon Bridge Townhomes.
Sailboards, Sailboats - These are windpowered watercraft that will
be rented and stored on land.
8. Parkinq
Parking areas will be delineated with concrete curb blocks for
front of vehicles whereby vehicles can center hood of car in line
with blocks. These blocks will be positioned in areas where other
delineation is not feasible. Parking area in front of building
will be striped on blacktop with designated handicap parking and
required signage.
Overflow parking (Lot #11) will not have any delineated parking at
pres~nt time as this is an overflow lot only. Future plans call
for grading of this lot to allow for future overflow in delineated
areas as needed. This will pertain to gravel base parking lot with
concrete curb blocks.
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~.l~~;~ 592. ~ - :';'::>~'.r'1'>[:';':>':' :b;;~ '~.i.; ;j~~~~~-;;~~:.:~~~~::"~'. ~.,~
86B.OO5. .,Definitions., . ;:":';',"_.:.."0' ,.~,-.'1;"~i! ::':,'.'";;;"' 'ji: ;'~:T? ;,.,~,~..:.<~ ~.:.:':
',_ Su.bdi.yision ~'.: ~p~cability..: The. d~~~nsin.this s~etio~. app~y..t.P'~~~ ckpter.
':.~Su~2. "CitY. .~.CitY."(Jnearis"a.home'l'1:M~arteI-"orStatii~ly:citY;;:;-i:,;; .::"~.,:':.':: ':'.:.
SubeL 3. Commissioner. "Comlnissioner" means the commissioner of.natural resources.
SubeL. 4. I.>ea1er~ ,~,~pealer" means a person: '.;':' .:'.' .... .; 0"::: .'._ o~
(1)' engaged in the business of manufacturing or selling neW or used watercraft;
(2) having an established place of business for the 'sale; trade, and display Of the watercraft;
and' . ," : ..:>:' "'.,.::.:' '., <...
(3) having in possessiqn:watercraftfQt thepurpol!e of sale or.trade....:;.::::.:-<;.: ~:~;..':;,
SubeL 5. Horsepower. .. "Horsepower'" means' the' ~ rating establiShed for a motor by
the manufacturer or," if. a.-rating is not established, the power rating. es~~ed by the
commissioner. . . "', ,_, . '0'" ....: . '.', ".--:::::' :..~ '."...:.::'; 0.:. . -;.:>, ;,.._:'.'; .0 ..
SubeL 6. Len~' ;'Le~~" of. Ii ~tercrait iri~a'ns : the: .~tiaight.line: ciiS~nc~ '~fro~tii~
foremost part. of. the ciaft to the aftermost part of the' craft, measUred paraneI ,to' the
centerline, excluding sheer.. Bowsprits, o~tboard motor brackets, rudders, and other attaeh-
ments are not included in Ule length measUremimt. . . ..:... ., ". .' " .'
Subd. 7. License.:;~Liceuse" mea;ils the auth~ntic doeumeni:'used t;cj'aeBignate.tiie
numbers assigned a watercraft and to renew the designation. .- . .. .. .
SubeL 8. License agent.. "License agent" means the commissioner of natural resources,
the commissioner of public safety,. arid. deputy. regiStrars of motor vehicles acting under
section. 168.33. '.' . .
SubeL 9. Motorboat. "Motorboat" means a watercraft: propelled.:in any: manner by
machinery, including water~ ~~po~ye~uipped wip,. detaehabl~.D.1o~rs,. ....!'... ,..
SubeL 10. .. Operate.... "Operate!' . means to I?-avigate or otJierwise~e a watercraft.. ,..,
~, Subd. 11. ".Operator..J:"Operator";means the person who operates or controls the naviga-
tionoruseofawatereraft. ..... '~C":'o, .;.....J...'.~.~.,;...'. ':~
;'-0: SubeL' 12. '.Owner.:'.."OwDer" (means a. person having a property ,right~ or' title'. to a
watercraft other. than a security interest. . Owner includes ..a' person entitled: to' the use or
possession of a'WaterCraft, 'subject to ari'interestin another person, reserved 'or .created by
agreement that secures payment or performance' of an obligation, but owner does"not include
a lessee under a lease notinten~ed as security.;-;-::.::;",-, _~ ::~~::i "_<::: '~;:l~{,3.~!il""" 'i'iT ;:::. '.
,'.. SubeL 13. . Paildle boat. 0;' "Paddle boat" means a nonmotorlZed 'watereratt 19 feet hi length
or less that is propelled solely by a paddle wheel peddled by an operator or. passenger.
.:' ~ubeL 14.~'.Per8on; '.., "Person" means' an individual,' partnership,. corporation;': the state imd
'its agencies and subdivisions, and any other legal,entity;;.:.;l' :r.: .....;,;~..'.::..:- ,',"'.'.! ..:" : ~.
SubeL 14a.' Personal watercraft. "Personal watercraft" means a motorboat that:'..,:"
.": (1) is pOwered by an'irib6ard motor' powering 'a' water jet pump or:'by'an outboiu-dor"
propeller-driven motor; and .. .... "., ..' .,.... ,', :. .. '. .
(2) is designed to be operated by ~person' or periloiiSSitthrg, standing, or kneeling on the
craft, 'rather than in the conventional' manner .of sitting or. stan~ng inside.'a ni?torboat.
SubeL 15. Rent. "Rent,j'Watereraft means to make a Watercraft' availab'e for the use of
others in cOI,lneetion with a business. .,.:. '-.' ..':. .... . -;< .. ..
SubeL 16. Sailboard. "Sailboard" means a. single passenger, nonmotorized watercraft
Using a surfboard type hull and a free sail system which, without capsizing, . allows' the sail to
lie flat in the water when not being supported by the operator. ..... " ......
Subd. 16a. Slow-no wake. "Slow-no wake" means o~~r:atio~'bf a watEJreraf(at the
slowest' possible speed. necessary to maintain steerage, but in no' case greater than five miles
per'hour:- ..:........ .:, ..' .:' . ". . ,...~.:..r...:.
. . 155
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EXHIBIT "A"
"CU03PR"
PLANNING REPORT
AGENDA ITEM:
SUBJECT:
PRESENTER:
PUBLIC HEARING
DATE:
3
EAGLE CREEK PROPERTIES CONDITIONAL USE
PERMIT AND VARIANCES
HORST W. GRASER, DIRECTOR OF PLANNING
_YES LNO
JUNE 2, 1994
INTRODUCTION:
The Planning Department has received an application for a conditional use permit and variance
for the Wagon Bridge Marina located at 15862 Eagle Creek Avenue. The applicant, Eagle Creek
Propelties Inc., desires to change the zoning status of the Marina from the current legal
non-conforming status to a conditional use permit.
The conditional use permit is being filed in accordance with Section 7.5 and the variances filed
in accordance of Section 7.6 of the Zoning Ordinance.
According to the application the conditional use permit for the marina will encompass the
following services:
1. 94 rental boat slips which have been approved by the DNR in their letter recently
submitted to the City of Prior Lake.
2. Rental watercraft for the operation of the Marina to include personalized
watercraft, fishing boats, runabouts, ski boats, para-sailing boats, sailboards,
paddle boats, canoes, pontoons, and tour boat.
3. Service of watercraft engines and drive units in enclosed proposed (future) service
facility (see drawing).
4. Food service necessary for operation of Marina to include pre-processed foods,
processed foods on-site and all necessary snacks and beverages including future
3.2 beer license when submitted (if need be). Construction of outdoor gazebo
and/or eating areas be permitted for customers.
5. Fuel service on lake and land (future) to include boats, snowmobiles, watercraft,
and automobiles (future).
6. Retail sales of watercraft, new and used motors, parts, marine equipment and
accessories, bait, tackle, and other sports equipment and accessories. This will
confonn with other Marina facilities already in existence.
4629 Dakota 51. 5.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
7. On-premise storage of watercraft and other equipment used in connection with the
operation of the Marina and incidental thereto. Pre-season and post-season
on-premise storage between ice-out and Memorial Day and between September
15 and ice-in. The Marina shall be allowed to temporarily store customer
watercraft and/or trailers on-premise when such storage is incidental to the
Marina.
The applicant has applied for the following variances:
1. A 75 foot lakeshore variance for the existing marina building.
2. A 25 foot lake shore variance from the 50 foot setback for the parking lot. The
requirement is 50 feet from the Ordinary High Water mark (904 contour) of Prior
Lake.
3. A 28 foot boat ramp width variance. The maximum width for boat ramps is 12
feet.
BACKGROUND:
The Wagon Bridge Marina as it is known today has had a long history as a resort and marina.
The following is a chronological history of the Marina:
. In the 1920's, the Marina was known as Swenson's Resort owned by Earl
Swenson (see attached picture).
. The resort was sold to Arthur and Katherine Rau in the early 1940's (see attached
picture). The resort at this time consisted of 11 cabins, the Rau home, and bar in
the walkout level of the home. The resort was built on the entire southern point of
the Grainwood Peninsula including the current Marina where the Grainwood
West Townhomes are located today.
. The marine store was built by the Rau's in 1956. It is the same structure being
used today by the Marina.
. In about 1974 or 1975, the resort was sold to Brooks Hauser and Brooks Field.
The cabins were removed and the bar was leased to the Magnuson's who called it
"The Cellar Bar". The Marina was leased to Mr. Spilde.
. Mr. Rollie Thieling bought the entire resort in 1977. About this time the bar was
also torn down. Mr. Thieling divided the resort and sold a portion to Jim Dunn.
Mr. Thieling retained the other half of the resort and eventually constructed the
Grainwood West Townhomes. Access to the townhomes is through the Marina
site, via a private easement.
. In the spring of 1977, Jim Dunn preceded to make improvements to the marina
and expand its capacity to do business.
. In 1978, Jim Dunn was granted a building permit to add new windows, insulation,
and paneling. He also added a deck in violation of the code. He later received a
variance from the Planning Commission and the Council fined him $100.00.
. In 1978, Jim Dunn received a permit from the DNR for 40 boat slips and to
excavate portions of the marina channel.
. In 1979, Jim Dunn applied to the Planning Commission to expand the legal
non-conforming marina but was eventually denied.
. Jim Dunn and the City Council could not agree as to the level and extent of
service that comprised the non-conforming use. This disagreement eventually led
to a court stipulated judgment in January 1981. Exhibit A of the judgment is a
zoning certificate which delineates description, level, and extent of the marina
operation. The judgment, zoning certificate, and survey are attached.
. In May of 1986, the Council permitted the modification of the zoning certificate
to allow the operation of the Cabooze Cruise Lines. This was a large barge
modified to operate as a cruise ship accommodating approximately 40 guests at
one time.
. On March 6, 1989, after an extensive, hearing process, the Council granted in
concept, Jim Dunn's request to expand the marina. The approved slips totalled
73-77, depending on design. Jim Dunn was also required to address a number of
issues which included parking, landscaping, dock configuration, storage, noise,
and sensitivity to the neighborhood. Jim Dunn never provided additional data to
conclude the process. To date, the marina operates under the zoning certificate
issued in 1981.
. In May of 1990, a permit to expand the marina to 94 boat slips was issued by the
DNR (permit attached).
STAFF ANALYSIS:
Initially Mr. James Sentyrz and Mr. Robert Paschke approached the City with an application to
expand the zoning certificate and not apply for conditional use status. The applicants were urged
to file for a conditional use permit (CUP), since the CUP is the appropriate zoning process.
A non-conforming use (NCU), results due to a comprehensive action by a governing body and
no specific operating controls have been or may be placed on a NCU with the exception of
longevity. The NCU is a designation that has resulted to protect the predominant uses in the
district. The objective of zoning is to amortize all NCU's and change them to conforming uses
but allow them to operate but not change or alter them until obsolescence forces their closure.
A conditional use permit provides flexibility in a zone and allows the governing body to react to
needs or unusual circumstances through the CUP approval criteria and the performance
standards. Under most circumstances, the conditional use also does not exist prior to the
application. The conditional use is the same as adding a permitted use to the district but with
certain restrictions on the operation and/or to react to changing conditions both in the
marketplace and environment in an effort to provide a community service or use.
Some of the issues the Planning Commission and City Council may want to address have
surfaced previously and/or are important to this application:
1. The marina is an existing lake recreational oriented commercial service activity in
accordance with Policy 7 of the Comprehensive Plan. How important is this
facility to the community in terms of heritage, continuity, identity, and
commercial opportunity? Should this facility have its own development plan or
continue to be a non-conforming use, which does not allow expansion.
2. Is the land use intensity of the proposal realistic and appropriate relative to its
location, area, and access?
3. Will the dock configuration avoid conflict in the channel area with boat traffic and
is the number of slips realistic?
4. Is the visual impression consistent with the desires and expectations of the
community?
5. Is this the appropriate location on the lake for the use?
6. Should the Marina be brought into compliance with Section 6.10 Screening; be
exempt because the facility already exists and/or should the City require
additional landscaping through the CUP process?
The application for conditional use is essentially based on the existing facility and zoning
certificate. According to the applicant, the service element of the use is being changed to
accommodate the market direction of the Marina and reduce the land use intensity for the benefit
of the adjacent townhomes who share a driveway with the Marina. The proposed CUP compares
with the existing zoning certificate as follows:
1. The permitted number of slips, according to the zoning certificate is 56 of which,
2 are reserved for the Sherriffs Department. Section 5.01.
The proposal is for 94 slips, which have been approved by the DNR. The
suggested parking requirement for 94 slips is 24 or 1 stall per 4 slips.
2. Watercraft rental is permitted in the zoning certificate but not limited. The
applicant currently rents boats. motors, pontoons, personalized watercraft and
runabouts. Section 5.06.
The proposal will add ski boats, parasailing, boats, sailboards, paddle boats,
canoes, and a tour boat. The tour boat is a large boat capable of holding a large
number of people and serving food and beverages.
3. The zoning certificate provides for repair service usual and customary to the
operation of a marina, Section 5.5.
Repair service is currently being preformed and is proposed to be continued.
4. Food services are also allowed in the zoning certificate as long as they are
incidental to the operation, Section 5.07. The City has interpreted this section to
mean only pre-processed foods and snacks, Section 5.07.
The proposal is to expand the food service to include restaurant style service with
menu and a designated seating area. The outdoor eating areas should be defined
as well as more specificity relative to the processed foods service.
5. The zoning certificate permits a fuel and service dock, Section 5.01.
The dispensing of fuel is currently limited to boats on the lake. The proposal will
expand this to snowmobiles and automobiles which will require a pump on land.
6. Retail sales of watercraft, motors, parts, bait, and tackle is permitted, Section
5.07.
The zoning certificate allows storage of watercraft and other equipment incidental
to the Marina on-premise as long as it is within a designated area (Section 6.03).
During ice-in and ice-out the Marina may store watercraft and do repair on the
entire premises (Section 6.09).
The proposal for on-premise storage is ambiguous and would be difficult to
enforce. It appears that outside storage may occur the entire year for watercraft
and related equipment on any portion of the marina.
The predominant on land departure from the provision of the zoning certificate and current
operation is the discontinuance of the launching service. The applicant has stated that on the
average, 150 boats per week are launched during the season. This has been the source of
controversy with the townhome association because boats waiting to launch have blocked the
access to the townhome units. Launch service will continue to be provided for slip customers
and service boats. The public will be allowed to launch before Memorial Day and after Labor
Day.
The applicant has stipulated that the marina has 36 designated parking stalls. Twenty-four are
suggested for the slip customers and seven are required for the retail and service operation for a
total of 31 spaces. However, the majority of the parking area is not blacktopped or delineated
which makes it impossible to park 36 cars. However, additional parking is available in the
unpaved area of the access drive.
The three variances being requested are for existing improvements. City Attorney Kessel
recommended that the variances be applied for in order to give the City an opportunity to permit
the existing improvement as part of the conditional use or maintain their current non-conforming
status.
OPINION ON THE APPLICATION BY HORST GRASER:
The Wagon Bridge Marina is located on 1.5 acres of R-2, Urban Residential (Medium Density)
land adjacent to the Wagon Bridge. The City has had the opportunity to observe both the positive
and negative aspects of the operation on this small site. The Marina has evolved, survived, and
grown with the community, providing lake service needs over the past 70 years. It is one of
only two commercial orientated establishments left on the lake. As such, there is a sense of the
resort community history of decades past, which is associated with the Marina. That sense of
history is a remnant of the community's past values that can and should be passed on to future
residents.
The shortcomings experienced as a result of the non-conforming status of the Marina have not in
the best interest of the community. The Marina should not be left to succumb to obsolescence in
an environment and community so in need of heritage, continuity and a lake service marina. It
appears nearly impossible to provide this service elsewhere in the community. Therefore, we
should do our best to permit the extent of the service and operation to be compatible with the
adjacent neighborhood but also allow the Marina to be profitable so as to meet the needs of the
greater community.
The proposal by the applicant is a good compromise. The major source of conflict and agitation
has been over the public launching and the resulting parking lot crowding and access interference
to the Townhome Development. The dock configuration has satisfied the requirements of the
DNR and a permit for 94 slips has been issued along with a dredging plan. The outside storage
of equipment accessory to the business should be restricted to a specific area that can be
effectively screened from public view. The grass area northwest of the driveway should be
delineated as to its use or purpose. The proposed restaurant use requires additional clarification
and delineation.
The rental of watercraft is currently being done but not paras ailing and a tour boat. The
applicant should provide additional detail as to the size, capacity, parking requirements, food
service, domestic waste disposal, hours of operation, etc... for the tour boat in order to make a
sound decision related to the proposal.
This application can be approved based on the criteria in Section 7.5C of the Zoning Ordinance.
However, staff recommends that additional detail , specificity and a clear delineation of the
various aspects of the operation be provided by the applicant. The Marina can conform to the
district, produce a positive visual impression, and organize vehicular traffic in a manner that will
not cause a dangerous or aggravating condition to the neighborhood and community.
ALTERNATIVES:
1. Approve the conditional use permit and variances delineating the level of service and
other functions as determined appropriate by the Planning Commission.
2. Continue the hearing for additional detail or data.
3. Deny the application.
ACTION REQUIRED:
A separate motion making a recommendation on the conditional use permit and variances for
City Council consideration.
MOTION BY LOFTUS, SECONDED BY ROSEIH, TO APPROVE THE FOlLOWlNG VARIANCES
FOR 15311 BREEZYPOlNTROAD NEAS USTED:
1. 41' LAKESHORE VARIANCE FROM THE 75' LAKESHORE SEfBACK REQUIREMFNT
(ON1HENORIHSIDE OFTHEPROPERfY)
2. 24' LAKESHORE VARIANCE FROM THE 75' LAKESHORE SEfBACK REQUIREMFNT
(ON1HE SOmHSIDE OF THE PROPERTY)
3. 5' FRONT YARD VARIANCE FROM THE 25' FRONT YARD SEfBACKREQUIREMFNT
4. .4% IMPERVIOUS SURFACE VARIANCE FROM THE 30% IMPERVIOUS SURFACE
MAXIMUM
RATIONAL BEING THAT IF AIL SEIBACKS WERE APPLIED TO THE Lor IT WOUlD BE
UNBUll.DABlE, SIMlLAR VARIANCES HAVE BEEN GRANTED IN THE AREA, AND HARDSHIP
IS Nor CAUSED BY ACTIONS OF THE APPliCANT, WIIH THE CONDmON THAT AIL
HARDWOODlREES REMOVED BE REPLACED BY 2" CALIPER OR GREATER TREE.
Votes taken signified ayes by Arnold, Loftus, Kuykendall and Roseth. MOTION CARRIED.
ITEMffi - VARIANCE- MARIYHANSON
Marty Hanson, 3068 170th Street SW, addressed the Commission regarding his request for a 14' x 24'deck,
and discussed what he believed to be a discrepancy in the distance of the proposed deck addition to the
centerline of County Road 12 that was represented on the survey.
Associate City Planner, Gina Mitchell, presented the infonnation as per planning report dated June 2, 1994.
The request is for a 40.5' County Road 12 setback variance from the 85' County Road setback requirement
The subject site is a substandard lot and was platted under the jurisdiction of Spring Lake Township. The
majority of the construction. that has occurred in this area was done before the 85' county road setback
requirement was incorporated into the Zoning Ordinance in 1989, resulting in many stIUctures encroaching
that setback requirement Ms. Mitchell stated that staff recolIlIrends a reduction in the variance request
from 40.5' to 36', which would result in a 10' x 24' deck. The property would maintain a 25' front yard,
consistent with other properties in the R-1, Suburban Residential Zone. C~ts from Brad Larson, Scott
County Highway Department were that this proposal is consistent with other properties in the area, and that
future upgrading of County Road 12 should not be affected by this proposal.
COlIlIrents from the Commissioners were; regarding the setback, future right-of-way acquisition, and that if
the applicant could prove (by a registered surveyor) that the distance from County Road 12 is greater than
what was represented on the present survey, the applicant may still be able to have a 14' x 24' deck with a
36.5' variance.
MOTION BY LOFTUS, SECONDED BY KUYKENDAlL, TO APPROVE A 36.5' COUNTY ROAD
SEIBACKVARIANCEFROMTHE85' COUNfYROAD 12 SEIBACKREQUIREMFNI: RATIONAL
BEING 1HAT THE SITE WAS PLATTED BYA PREVIOUS GOVERNMENT. THE REQUEST IS
CONSISTENT WITH THE DEVELOPMENT PATIERNIN THE AREA, AND IS Nor DEfRTh1ENTAL
TOlHEGENERALHEAITH. S.AFEn: AND WELFARE OF THE COMMUNlTY
Votes taken signified by ayes by Arnold, Loftus, Kuykendall and Roseth. MOTION CARRIED.
ITEM IV - CONDmONAL USEPERMlT ANDVARIANCliS. EAGLECRRRKPROPll<l'IKlOl
t
Jim Sentyrz, 16910 Elm Avenue SW, owner of Wagon Bridge Marina and Eagle Creek Properties
addressed the Commission regarding his request for upgrading the non conforming status of the marina to a
conditional use within the R-2 district
PLANNING COMMISSION
June ;l.1993
Pa~e 2
. -.-.-.._-----....._.-.'_.----;~_...,
- ---..-- ..- .....-- . --..-..--
Planner, Horst Graser, gave a brief background of the marina, discussed the staff analysis on the application,
and the following proposed changes in the marina operations beyond the current zoning certificate.
1. Add 38 slips
2. Pennit operation of a tour boat and para-sailing boats.
3. ~on of restaurant with 3.2 beer license and outdoor seating areas.
4. Fuel service for car, snowmobiles and other land based vehicles.
5. Unlimited storage of water craft and other related equipment incidental to the operation of
a marina
6. Elimination of public launching.
The meeting was opened for public discussion and the following persons addressed the Commission:
Nan Miller, 3647 Garfield Avenue, Minneapolis, representing the Grainwood West Homeowners
Association, discussed deed restrictions contained in a 1977 restricted covenant, a 1989 pennit granted by
the DNR, number of slips, rental of watercraft, tour boats, sale of food and alcoholic beverages, and storage
building.
Pat Lynch of the DNR stated that they had no objection to the proposal with respect to the number of docks.
They will have some concern regarding the impervious surface coverage and future buildings.
Christine King - 4070 Wagon Bridge Circle also expressed a concern over the vagueness of the proposal.
Bob Paschke, President of Eagle Creek Properties discussed the environmental issues, concerns of the
neighbors, and expressed a willingness to negotiate with the neighbors.
Rollie Thieling, 4106 Wagon Bridge Circle also expressed similar concerns as voiced by Ms. King and Ms.
Miller.
Wayne Miller, 4094 Wagon Bridge Circle expressed similar concerns as expressed previously by the
Grainwood West Association members.
Attorney Bryce Huemreller, 16670 Franklin Trail - reminded the Commissioners that a marina is a
conditional use in the R-2 district, subject to reasonable conditions.
Jim Senttyz stated that he wants to cooperate with the neighbors and Diane Sentryz discussed the need for a
service shop.
Discussion occurred by the Planning Commissioners and they concurred that a short recess be called.
The meeting reconvened at 9:25 p.m.
Co~ts from the Commissioners were; the lack of details and concern about the parking of boat trailers,
specifics on services proposed, tour boat plans, type of service building the applicant has in mind, traffic
circulation plans, and requested that the applicant provide complete details of their proposal.
MOTION BY ROSEfH SECONDED BY LOFIUS TO CONTINUE THE APPliCATION FOR A
CONDmONAL USE PERMIT AND VARIANCES FOR EAGlE CREEK PROPERfIES (WAGON
BRIDGE MARINA) TO JUNE 16,1994, AT 6:00 PM.
Votes taken signified by ayes by Arnold, Loftus, Kuykendall and Roseth. MOTION CARRIED
MOTION BY KUYKENDAlL,sECONDED BY LOFIUS TO ADJOURN THE MEETING.
PLANNING COMMISSION
June=, 1993
Page 3
APPLICA TIONS
&
APPLICA TION
MA TERIALS
L:\TEMPLATE\FILEINFO.DOC
Q1 ~* - 0..3
PIDt d :a~ -62.~;s)
APPLICATION FOR CDNDITIONAL USE PElMIT
Bane Prone: l~?-1877
~rk Phone: 447-4-)00
Bane Prone: 447-1~?7
~rk Phone: 447-4300
Phone:
3agl~ C"'e~k Pl"o:oel"'ti as t Ino.
Mdtess: 15M2 JDl~le Cl"Ae~ Ave. M.S.
Property Owner: Ea~le Cl"ee'l<' p,.ope~tiest inc.
hldte$s: S11""e
Consultant: . none
hldress: ~/A
ed Conditional Use Mdress: 15M2 F;!~le Creel, Ave. N. E.
Description: ~ee Iltt,q,chen tt~hi"1t A"
Existing Use of Property: M'arina
Property Acreage: approx. 1 acre
Present Zoning:R2Non-Conrorm1ng
Conditional Use BeP'tg ~ested: Cond1 tl<:mal Use Marina in accordance with
Ordinaoe #90-04 (5.3-a,
Deed Restrictions: R> _Yes If so, please attach.
None t +'0 the best or our know.ledge
Has the Applicant previously sought to plat, rezone, obtain a variance or conditional use
permit on the subject site or any part of it: xx R> Yes Iequest:
When:
$JBMISSIONRBJUtREMENJ.'S: (A)COntpleted application form. (B)Canplete legal description and
parcel identification nuni:>er (pm). (C)Filing fee. (D)Deed. restrictions, .if necessary.
(E;lFifteen. copies of site plan drawn to scale showing existing/prop:>sed structures.
(FlAdditiol'lal information as requested by the Planning Director including but not . limited
to: existing grades and buildings within 100 feet, drainage plan with finished grade and
relationship to existing water bodies,.. if any, pro{X>sed floor plan with use indicated plus
building elevations, landscape plan with schedule of plantings and screening,.curb cuts,
driveways, parking areas, walks and curbing. (G) Certified fran abstract firm the names and
address of property owners within 500 feet of the existing property lines of the subject
property. (HlApplicationand supportive data are due 20 days prior to any scheduled
hearing.
ONLY roMPLm'E APPLICATIONS 9IALL BE RE.VnWED BY THE PLANNUIl ~SSION.
To the best of ~ knowledge the information presented on this form . is correCt.
addition, I have read Section 7.5 of the Zoning Ordinance which specifies
requirements for conditional uses. I agree to provide information and follow
pr as outlined he rdinance.
In
the
the
Y/&?'
ra:/i y
rat~ 4
THIS SFm';9N 'ro BEFItLED em B~#~:_t:(::;:':'JDIRre!'OR
PLANNIm rnMMISSION . 0PPRMDDENIED. mTE OF HFARUG
CITY <:DtJmIL VAPPROfJID DENIED 8...1, q~ mTE OF HFARIlG
OONDITIONS:
~~
Si<mature of the Planninq Director
7>-3-q<j
Date
CITY OF PRIOR LAKE
APPLICATION FOR ~
Applicant: E:"AfrL6 C12-~e,K.. PQOP~R.TJ6S I INC.
Address: 158hZ ~AC:rL-e CRe6t< AilE: Ne (WA6-0~~j(IDU5"
Property Q.mer: MA- J ~)
Address:
Type of Q.mership: Fee Contract
Consul tant/Contractor:
VA -
PIDi 25-O32=O2.~ -0
Hane Phone: 447- 4-300
Work Phone:
Home Phone:
Work Phone:
Purchase Agreanent
Phone:
Existing Use ~ A ^ f) Ill. I A
of Property: lVlI1ll- "I
Legal Description 5 .. .
of Variance Site: e-e- ArrAC-H E:O exl-h g'T ;4
Variance Reqt.Jested: 7'b1l.AKE~tiO~e~R. MA'tINA &L.V6-:). 2.5' t..AK~SttoR.& yA~IANc.e PRlM THe 50'
se:~~ ~~ PA~It.Ju urr. 2~' BOA, P WIDTH VA~IAN~ 'FKOM 11-fe 121 MAXIMUM wiDTH.
,
Present Zoning:
I<Z~D
When:
&1BMISSION ROOUIREMENl'S:
(A)Canpleted application fOIIIl. (B)Filing fee. (C)Property SUrvey indicating the
proposed developnent in relation to property lines and/or ordinary-high-water mark;
proIX>sed building elevations and drainage plan. (D) Certified from abstract fiIIIl,
names and addresses of property owners within 100 feet of the exterior botmdaries of
the subject property. (E)Canplete legal description & Property Identification Number
(pm). (F)Deed restrictions or private covenants, if applicable. (G)A parcel nap
at 111-20 '-50' showing: The site developnent plan, buildings: parking, loading,
access, surface drainage, landscaping and utility service.
ONLY roMPLErE APPLICATIONS SHALL BE ACu:;1->.rw AND REVIEWED BY THE PLANNI~ cn1MISSION.
To the best of ~ knowledge the infonnation presented on this fOIIIl is correct. In
addition, I have read Section 7.6 of the Prior Lake Zoning . Ordinance which specifies
requirenents for variance procedures. I agree ~ide infonnat' follow the
procedures as outlined in the Ordinance. ~, v: '1
. cants Signatu _/ d.
sutmitted this llday of /V\A-'j 193!::! ~/~
THIS SPACE IS '10 BE FILLED 0t1l' BY THE PI.J\NNnX; DIRWl'OR
PI.J\NNnX; cn1MISSION
CITY COtJR:IL APPEAL
APPROlEI>
APPROlEI>
DENIED
DENIED
DATE OF HFARIR;
D!\TE OF HFARI~
CDNDITIONS:
Signature of the Planning Director
Date
VARIANCES REQUESTED:
1. 75 foot lakeshore variance
2. Section 9.3C.2. Imprevious surface closer than 50 feet to the
ordinary high water mark.
3. Section 9.3C 3.a. A boat ramp measuring 40 feet at 904, the
ordinary high water mark. The requirement is 12 feet.
4. The Marina building is at elevation 906.49 which is in the
flood plain of Prior Lake. The building will remain a legal
non-conforming use since no variance is allowed. (Marina
building will be rezoned at a future time)
EAGLE CREEK PROPERTIES. INC.
m 15862 EACLE CREEK AVENUE N.E. m
PRIOR LAKE. KINNESOTA 505372
612-447-4300
May 3, 1994
Mr. Hors t Grasser
City of Prior Lake
4629 Dakota Street S.E.
Prior Lake, MN 55372
Dear Horst:
Per the recommendations of the City Council and the DRC, enclosed
you will find our application for Conditional Use Permit on the
property known as Wagon Bridge Marina, which is owned by Eagle Creek
Properti es ~ Inc.
This application already has been reviewed by the DNR, Mr. Pat
Lynch, and a copy of his letter dated April 15, 1994 is also
attached. His letter pertains to the permit now being issued by the
DNR for the property in question to improve the service and
availability of slips on Prior Lake from 56 to 94 slips and also
allows for maintenance dredging needed at the Marina to safely
install the new dock layout.
It is our understanding that the application for these slips was
previously presented to the City Council in 1989 by Mr. Jim Dunn of
Lakeside Properties. At that time, the City Council was very much
in favor of approving the Conditional Use based on Mr. Dunn's
application. Since he never followed through with this application,
we are initiating a formal application on behalf of Eagle Creek
Properties, Inc. We are enclosing all information that has been
requested by the City Council and Planning Commission.
We request that this matter be given priority, as we continue with
our efforts to beautify this property as a focal point on the lake
and a definate needed asset to the City of Prior Lake and its
residents.
Regards,
::;:: i:iii~ k~
James W. Sentyrz, Vice President
Diane E. Sentyrz, Treasurer
m
EACLE CREEK PROPERTIES. INC.
PRIOR LAKE. KINNESOTA 0505372
612-447-4300
m
~.... '! '
OJ ?'{ - 03
PIDt
APPLI~TION FOR CDNDITIONAL USE PEHUT
Bane Plx>ne: 447-1877
li:>rk Prone: 447-4)00
Bane Plx>ne: 447-ltS77
li:>rk Plx>ne: 447-4:300
Poone:
Applicant: !s.p,le Ct-~ek Prope.,.ti~s, Inc.
Address: 15862 Ea2;le Cr.ee~ Ave. N. E.
P~rty Owner: Ea~le Cree~ Prope.,.~ies, Inc.
Address: ~~"'e
Consultant: none
Address: "J./ A
Proposed Conditional Use Address: 15M2 F.a~le Creel,,- Ave. N. E.
Legal Description: "Jee attachen "Exhibit A"
Existing Use of Property: vA!"ina
Property Acreage: approx. 1 acre
Present Zoning:R2 Non-Conforming
Conditional Use Being Requested:
Ordinace #90-04 (5.:3-a)
Condi~ional Use M9.rina in accordance with
Deed lEstrictions: R> Yes If so, please attach.
None, to the best of our knowledge
Has the Applicant previously sought to plat, rezone, obtain a variance or conditional use
pecnit on the subject site or any part of it: xx R> Yes 1Equest:
When:
&JBMISSlON RIDUIREMENI'S: (A)Completed application form. (B) Caoplete legal description and
parcel identification mmber (PID). {C)Filing fee. {D)Deed .... restrictions, if necessary.
(E)Fifteen copies of site plan drawn to scale showing existing/proposed structures.
(F)Mditional information as .requested by the Planning Director including .hutnot limited
to: existing grades and buildings within 100 feet, drainage plan with finished grade and
relationship to existing water bodies, if any, prop:>sed floor plan with use iridicated plus
building elevations, landscape plan with schedule of plantings and screening, curb cuts,
driveways, parking areas, walks and curbing. (G)Certifiedfran abstract firm the names and
address of property owners within 500 feet of the existing property lines of the subject
property. (H)Application and su};p)rtive data are due 20 days prior to ~ scheduled
hearing .
ONLY roMPLETE APR.lCATIONS sw:.r... BE RFmEWED BY THE PLANNIliG <IHtISSION.
'1b the best of my knowledge the information presented on this fom is correct~ In
addition, I have read Section 7.5 of the Zoning Ordinance which specifies the
requirements for conditional uses. I agree to provide information and follOw the
pr as ouUined ~ rdiMnce. ~/&; ...
Date. .., ....
-s~hf'
Datt~
THIS SECl'ION ro BE FILLED OOT BY THE PLANNIliG DIREDUR
PLANNIN.:; cx:H4ISSION
CITY <DtJN:::IL
APPHJIJID
APPHJIJID
DENIED
DENIED
-lY\TE OF HF.ARI:liG
DM'E OF JJFAR:Im
WNDITIONS:
~':~~4.',!re. ",.t= rho 1:)1 ::n"n~~("T n~ ror"-f'"'\r
I'e.t:,,=
RECEIPT
~o 23699
DATES-~ t( - ~y/
CITY 0 F
PRIOR LAKE
4629 DAKOTA. STREET S.E., PRIOR LAKE. MN 55372
Received of ~j7(7 ~/)JlL~ ~rJ.~
whose address andu r legal description is
::~ :~: ::r~f &t~ c1p!~ -;~lar5
I '"
.::-.
$/cJtJ(Op
Reference Invoice No.
~~~J(JJL,~
Receipt Clerk for the City~ Prior Lake
EXHIBIT A
EAGIT CeEEK PROPERTIES.,
lNC.
'DBA: \.lA_ON <lg(I,E n.lUtJ_A +srlVlCI'.J1K-
1 ~ ~ ,,:2 F' ~ ~'X:LI.&Ul....A" ~In!:~ ~
PIU,gLlAJC!. ., Ifllfn~ .sA J.n
rO.\T!O: 2-1. 'fJ
--
%)E$Cl.I1'T1011 :
All ~~ p&rt of .lock '7 Cra1llvoocI. Sco~~ Count,.. describecl as
tollows: aeqiD11lq a~ t~e .ortbves~ COrDer of Lot 11 ill .aid Block.
thellce Ea.terl,. aloDq the .or~herl1 lille of .aid Lot 11 &Ad the
eZ~eIlS10D thereot to t~. Mes~erl,. r1q~~-ot-va1 liDe at CoUDty Road
.e. ..21: t.heDce Souue~~erly ..loDq ...id ri,qbt-ot-v.,. 11De to t.he'
s,bere 111le ot Prior L&ke: tAeDce Sout.berl,. &Dd We.t.erl,. alODq .ait
sbereliDe t.o it.s iDt.er.ect.1eD wit.h the Southerl,. eZ~eDa1OC of t~.
west.erl,. lille of lot. l' iD .aid Block; theDce .ort.herly .1ODq s&it
west.erl,. liDe at Lot l' a. eztellded &Dd the W..t.erly liD. of Lots
1S. 14 &Dd 11 t.o t.~e p01At of beq1~DQ.
,
CONDITIONAL USE BEING REOUESTED:
This application is for a Conditional Use Marina to encompass the
following services:
1. Rental slips to include quantity of 94 permitted by the
DNR in their letter recently submitted to the City of
Prior Lake.
2. Rental watercraft for the operation of the Marina to
include personalized watercraft, fishing boats,
runabouts, ski boats, parasailing boats, sailboards,
paddle boats, canoes, pontoons, and tour boat.
3. Service of watercraft engines and drive units in enclosed
proposed (future) service facility. (see drawing)
4. Food service necessary for operation of Marina to incl ude
pre-processed foods, processed foods on si te and all
necessary snacks and beverages including future 3/2 beer
license when submitted (if need be). Construction of
outdoor gazebo and/or eating areas to be permitted for
customer use.
5. Fuel service on lake and land (future) to include boats,
snowmobiles, watercraft, and automobiles (future).
6. Retail sales of watercraft, new and used motors, parts,
marine equipment and accessories, bait, tackle and other
watercraft sports equipment and accessories. This will
conform with other Marina facilities already in
existance.
7. On premise storage of watercraft and other equipment used
in connection with the operation of the Marina and
incidental thereto. Pre-season and post-season on
premise storage between ice-out and Memorial Day and
between September 15 and ice-in. The Marina shall be
allowed to temporarily store customer watercraft and/or
trailers on premises when such storage is incidental to
the process of the Marina.
SUPPORTING DETAIL REGARDING LAUNCHES AND ADDITIONAL PARKING
REQUIRED:
The Marina currently launches an average of 150 boats per week
during the season. with the new DNR permitted increase in slips,
public launching will NOT be permitted at the Marina from Memorial
Weekend through Labor Day weekend on a daily fee basis except for
service boats and sl ip customers. This wi 11 reduce the traffic
flow through the Marina substantially.
The Marina currently has 36 designated parking stalls. National
statistics state that for every 100 slip, only 10% of the customers
will use their boats at any given time. This means that only 10
parking stalls will be used for slip customers. We know, from
experience and statistics from the National Marine Institute, our
Marina DOES conform to the national average.
DNR ~ETRO REGION 6
TEL:612-772-7977
Apr 15 94
13:08 No.013 P.Ol
PHONE NO.
~~TrnTi>@Lr ~
~DEPARTMENT OF NATURAL
METRO WATERS, 1200 Warner Road, St. Paul, MN
772-7910
RESOURCES
5~LtM.
April 15, 1994
Mr. Jim Sentyrz
Eagle Creek Properties, Inc.
15862 Eagle Creek Avenue NE
Prior Lake, Minnesota 55372
RE: PERMITS 78-S071 AND 88-6279, WAGON BRIDGE MARINA, PRIOR LAKE
#70-72P
Dear Mr. Sentyrz:
I am slowly moving ahead with the transfer of the two subject
permits into the name of Eagle Creek Properties Inc. in accordance
with your request and our SUbsequent discussion. . It is my intent
to combine the two permits (one for dredging and one for docks and
riprap) all under permit 88-6279, and terrr.inate permit 78-6279.
This will streamline future dealings with the regulated marina
activities.
The number of permitted slips will remain at 94. The proposed dock
layout you submitted is acceptable. The city has provided me
verbal approval of that layout as well. Because I did not. receive
a reply from the Scott County Sheriff, I assume they do not object
either.
Because I am consolidating the two permits and adding authorization
for rock riprap, it is taking a bit longer to finalize.
Note that as we discussed, the ONR permit only regulates the marina
activities below elevation 904. Other ~loodplain and shoreland
zoning issues are to be dealt with at the local level.
I hope this satisfies your immediate needs. Please call me at 772-
7910 if you have further questions.
Sincerely,
~C.
Patrick J. L ch
Area HYdrologist
c: City of Prior Lake
.~A-027JE-Ol ~
INNESOTA
D?partment of =W Natural Resources
DIVISion of . aters
. ,
PERMIT
IP.A. Nu.ber
. 88-6279
PROTECTED WATERS
Pursuant to Minnesota Statutes, Chapter 105, and on the basis of statements and information contained in the
permit application, letters, maps and plans submitted by the aoplicant and others supporting data, ail "doh
are made a part hereof by reference, PERMISSION IS HEREBY GRANTED to the applicant nned below to change the course,
current, or cross section of the following:
Protected Ijater County
Upper Prior Lake (70-72) Scott
Na.e of Applicant Telephone Nu.ber (include Area Code)
Lakeside Marina c/o: James Dunn (612)447-4300
Address (No. & Street, RFD, Box No., City, State, Zip Code)
20 Cane Haze Cape Haze. Florida 33946
Autho..ized to:
expand existing marina facility to 94 slips as shown on Valley Engineering
plan revised April 5, 1989 except as modified herein. Total number of slips on each
dock are as listed: Pier A = 18 slips; Pier B = 34 slips; Pier C = 23 slips; Pier D = 8
slips (rental or transient use only); Pier E = 11 slips.
Purpose of Per.it: \ Expiration Date of Permit
Commercial marina Mav 31- 1990
Property Described as: Block 7, Grainwood County
SW~ SW~ Section 35, Township 115 North, Range 22 West Scott
As Indicated:. (B) As Indicated: (11 )
Does Not Apply Does Not Apply
This per.it is granted subject to the following GENERAL and SPECIAL PROVISIONS:
GENERAL PROVISIONS
1. This permit is permissive only and shall not release the permittee from any liability or Obligation imoosed
by Minnesota Statutes, Federal Law or local ordinances relating thereto and shall remain in force subject ;:0
al~ conditions and limitations now or hereafter imposed by law.
2. Th,s permit is not assignable except with the written consent of the Commissioner of Natural Resources.
3. Th~ Regional Hydrologist shall be notified at least fi~e days in advance' of the commencement of the work authorize:
hereunder and shall be notified of its completion within five days thereafter. The notice of perm:t lss.e:
by the Commissioner shall be kept securely posted in a conspicuous place at the site of operations.
4. No change shall be made, without written permission previously obtained from the Commissioner of Natural Resources,
in the dimensions, capacity or location of any items of work authorized hereunder.
5. T,e permittee shall grant access to the site at all reasonable times during and after construction to a~thorize~
representatives of the Commissioner of Natural Resources for inspection of the work authorized hereu~der.
6.
This Permit may be terminated by the Commissioner of Natural Resources at any time he deems it
the conservation of water resources of the state, or in the interest of public health and welfare, or
of any of the provisions of this permit, unless otherwise provide'd in the Special Provisions.
7. Construction work authorized under this permit shall be completed on or before date specified above. Uccn "ritte~
request to the Commissioner by the Permittee, stating the reason therefore, an extension of time may be cbta:r;~:.
necessary
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8. The excavation of soil authorized herein shall not be construed to .include the removal of :.r;ar.:: '1'a:ter : as
indicated above) unless the area from which such organic matter 1S removed, :s impervio~s, :r :s ;ea~e= :,
the application of bentonite after excavation.
g. In all cases where the doing by the permittee of anything authorized by this permit shall involve t,e taKin;,
using, or damaging of any property rights or interests of any other person or persons, or of any cublicly owre:
lands or improvements thereon or interests therein, the permittee, before proceeding there.ith, s~all :~t2>'
t~e written consent of all persons, agencies, or authorities concerned, and shall acquire all oro:erty, rigr,:s
and interests necessary therefore.
o. 7((lS pb'mi t is permissive only. No liabi 1 i ty shall be imposed upon or incurred oy the State of MinrH!sota or
any of its officers, agents or employees, officially or personally, on account of the !lranting hereof or on
accou'nt of any damage to any person or property resulting from any act or omission of the permittee or any
'of its agents, employees, or contractors relating to any utter hereunder. This permit shall not be construed
as estopping or limiting any legal claims or right of action of any person other than the state against the
permittee, its agents, employees, or contractors, for any damage or injury resulting from any such act or omission,
or as estopping or limiting any legal claim or right of action of the state against the permittee, its agents,
employees, or contractors for violation of or failure to comply with the permit or applicable provisions of
12\01.
~l. No material excavated by authority of this permit nor material from any other source, except as specified herein,
shall be placed on any portion of the bed of said waters which lies below (as indicated above).
12. Any extension of the surface of said waters resulting from work authorized by this permit shall becolIe protected
waters and left open and unobstructed for use by the public.
i3. This permit does not obviate any requirement for federal assent from the U.S. Corps of Engineers, 1135 U.S.
Post Office and Custom House, St. Paul, Minnesota 55101.
SPECIAL PROVISIONS
14. The permittee shall comply with all rules, regulations, requirements, or standards of
the Minnesota Pollution Control Agency and other applicable federal, state, or local
agencies.
15. This permit does not obviate the authority of the City of Prior Lake to approve the
marina facility, dock layout and/or related land operations and parking facilities.
16. C Pier D is authorized
for dispensing fuel.
on Pier D.
as a mooring dock for transient boaters, daily rental boats, and
No seasonally rented boats or other long term mooring is allowed
17. No additional parallel docks or temporary docks are allowed at this facility.
18. The use of the boat launching ramp shall be approved by the Prior Lake City Council.
cc: USCOE
Scott SWCD
Prior Lake/Spring Lake WSD
City of Prior Lake
Scott Co. Sheriff
J. Parker, AWM
B. Gilbertson, AFM
S. Carlson, C.O.
J. Fax, St. Paul Waters
Upper Prior Lake (70-72) file
Title
Date
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Assistant Director
m/9,Y' .s; I f~ 1
Kent
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NOTICE OF HEARING FOR CONDITIONAL USE PERMIT AND VARIANCES
You are hereby notified that the Prior Lake Planning Commission will hold a hearing in the City
Council Chambers located at City Hall, 4629 Dakota Street S.E. on:
Date:
June 2, 1994
Time:
7:40 P.M.
APPLICANT:
Eagle Creek Properties, Inc.
SUBJECT SITE:
15862 Eagle Creek Ave. N.E. (Wagon Bridge Marina)
REQUEST:
Eagle Creek Properties has applied to change its current legal
non-conforming zoning status to a conditional use status (see
attached detailed list of service proposals). Marinas are a
conditional use in the R-2 residential zone in which the marina is
located. The following variances are also requested.
1. A 75 foot lakeshore variance for the marina building.
2. A 25 foot lake shore setback variance for the parking lot.
The requirement is 50 feet from the Ordinary High Water
mark.
3. A 28 foot boat ramp width variance. The maximum width
for boat ramps is 12 feet.
If you are interested in this issue, you should attend the hearing. The Planning Commission will
accept oral and/or written comments. Questions related to this hearing should be directed to the
Prior Lake Planning Department by calling 447-4230 between the hours of 8:00 a.m. and 4:30
p.m. Monday through Friday.
Prior Lake Planning Commission
Date Mailed: May 24, 1994
4629 Dakota St. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
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SHAKOPEE, MINNESOTA 55379
(612) 445-1050
MAY 5, 1994
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05/05/94
11134
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INC.
According to the records in the Office of the county
County, Minnesota, the following is a list of owners of
within 350 feet of the following described property:
Treasurer,
property
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All that part of Block 7, in Grainwood, Scott County, described as
follows: Beginning at the Northwest corner of Lot 11, in said Block, ~".'.~'...1
thence Easterly along the Northerly line of Baid Lot 11 and the extension
thereof to the Westerly right of way line of County Road 21, thence ~
southeasterly along said right of way line to the shore line of Prior ~
LakeJ thence Southerly and Westerly along said shore line to its
t~te~:~~ti~~o~~;ht~~~c:o~~~~~;il;x;~~~;i~~i~fw;~~e~~;t~~~~ ~~n~o~f ~~~ l:~ ..::.:.;....::.::,..\:,.:...:;.:;:...;:.:...:;:
extended and the Westerly line of Lots 15 and 14 and 11, to the point of
beginning.
Jon Buesgens ,
5371 Wooalawn Circle Southeast
Prior Lake, Minnesota 55372
Algra, Inc.
P.O. Box 155
Prior Lake, Minnesota 55372
Donald C. and Judith A. Breckner
4014 Grainwood Trail
Prior Lake, Minnesota 55372
Edwin A. and Sharon A. Martini
11400 Normandale Boulevard
Bloomington, Minnesota 55437
Martha T. Riebel!
706 South Ninth Street
MinneapOlis, Minnesota 55402
Theiling Enterprises, Inc.
4106 Wagon Bridge Circle
Prior Lake, Minnesota 55372
Wayne G. Miller
4094 Wagon Bridge Circle
Prior Lake, Minnesota 55372
Loren M. and Elizabeth F. Barta
4086 Wagon Bridge Circle
Prior Lake, Minnesota 55372
Larry R. Gensmer
P.O. Box 155
Prior Lake, Minnesota 55372
MiChael S. Bongard
4030 Grainwood Trail Northeast
Prior Lake, Minnesota 55372
william J. Breckner
4000 Grainwood Trail
Prior Lake, Minnesota 55372
Linda M. Dunn
20 Cape Hase Drive
Cape Hase, Florida 33946
Eagle Creek Properties
11958 Eagle Creek Avenue Northeast
Prior Lake, Minnesota 55372
Joseph R. Hanson
4102 Wagon Bridge Circle
Prior Lake, Minnesota 55372
Wayne J. and Dorothy M. Dyson
4090 Wagon Bridge Circle
Prior Lake, Minnesota 55372
Terrence J. and Mary A. Mullett
4082 Wagon Bridge Cirole
Prior Lake, Minnesota 55372
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DESCRIPTIONS AS
SUBJECT PREMISES,
LIABILITY AS TO
FOR INFORMATIONAL
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Grainwood West Townhouse Association John G. Watt and Jeanne I. Watt
4102 Wagon bridge Circle 4098 Wagon Bridge Circle
Prior Lake, Minnesota 55372 Prior Lake, Minnesota 55372
NOTE: DUE TO THE COMPLEXITY AND AMBIGUITY OF THE LEGAL
THEY PERTAIN TO THE 350 FOOT AREA SURROUNDING THE
KOHLRUSCH SCOTT/CARVER ABSTRACT CO., INC. ACCEPTS NO
ERRORS AND OMISSIONS. THIS LIST HAS BEEN COMPILED
PURPOSES ONLY.
Dated this 18th day of April, 1994 at 8 a.m.
.
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.CUINFO.
ADDITIONAL INFORMATION NEEDED FOR CONDITIONAL USE PERMIT
1. A clear delineation of what is being requested. The application lacks distinction
of what is currently being requested and future proposals. You should clearly
outline the extent of the operation you wish to apply for and the ultimate level of
service (to the extent possible). This should be attached to the application.
2. You should also include supporting detail such as how many launches you do in
a week and the additional parking you will need based on the expanded slips.
This will help to measure the impact of your application.
3. An area map is required however, we have the information you need and will
make one to include in the application.
4. A list of all the variances are required for the entire operation. You will have to list
all aspects of the operation not in compliance with current city codes. This is
necessary to eliminate the non-conforming status of the marina.
Variances required are:
1. 75 foot lakeshore variance
2. Section 9.3C.2. Impervious surface closer than 50 feet to the
ordinary high water mark.
3. Section 9.3C 3.a. A boat ramp measuring 40 feet at 904, the
ordinary high water elevation. The requirement is 12 feet.
4. The marina building is at elevation 906.49 which is in the flood plain
of Prior Lake. The building will remain a legal non-conforming use
since no variance is allowed. (sections 5A-1-10 and 5A-9C.2 of the
City Code.
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CONDITIONAL USE PERMIT
OF
EAGLE CREEK PROPERTIES, INC.
dba WAGON BRIDGE MARINA & SERVICE, INC.
1. PURPOSE
Eagle Creek Properties ("ECP") is applying to change its current
legal non-conforming zoning status to a conditional use status.
Marinas are a conditional use in the R-2 residential zone in which
the marina is located. ECP is requesting this change in zoning for
the sole and exclusive purpose of permitting the continued
operation of a publ ic, commercial marina on the premises. The
continued operation of a publ ic, commercial marina on the lake
promotes the publ ic heal th, safety and general wel fare of the
citizens of Prior Lake. The marina must be allowed to provide all
services usual and customary to the operation of such a business,
which may include dispensing of servi~s, repairs, fuels, minor
food items, and related lake use items. The Marina also serves as
a base of operations for the Scott County Sheriffs Department and
assists in rescues as required by the Sheriffs. Any sale of goods
and any services not necessary or incidental to the operation of a
public, commercial marina will not be requested herein.
The following variances are also requested.
1. A 75 foot lakeshore variance for the marina building.
2. A 25 foot lakeshore setback variance for the parking lot.
The requirement is 50 feet from the Ordinary High Water mark.
3. A 28 foot boat ramp width variance. The maximum width for
boat ramps is 12 feet.
On the following pages is a revised version of the original request
submi t ted on 6/2/94 and again on 6/16/94. We have revised our
request to incorporate the current Zoning Certificate and current
Deed Restrictions "The Deed" which effect the marina property.
(see attached "Exhibit A").
Page #2
2. DEFINITIONS
Marina - A commercial establishment adjacent to a navigable lake
providing moorings for boats and offering other supplies and
services accessory to the principal use.
Recreational Vehicle means any boat or vessel, PWC,
snowmobile/4-wheeler/ATV or similar type personal-sized
recreational vehicle or watercraft for use on or upon the waters-of
Prior Lake. No restriction is given to season of the year.
Lakeshore Association - means any currently recognized Prior Lake
Lakeshore Association with deeded access to dockage and lakefront
on Prior Lake.
3. REPAIR SERVICES
.
The Marina is authorized to conduct repairs and maintenance of
watercraft and related products, incidental to the operation of a
commercial marina, on the property. The repair services currently
provided by the marina is dependent on the weather due to the size
of the current repair facility (100 square feet). Additional
repair space is needed to provide these services in a safe and
efficient manner and will also provide additional interior storage
for miscellaneous items and marina supplies and will result in less
use of exterior areas for storage. This wi 11 provide a cl eaner
storage area, eliminate congestion and noise, and reduce unsightly
storage of watercraft being serviced. Any addi tion to repair
facilities will conform to the City of Prior Lake Building Codes
and Department of Natural Resources requirements.
4. PUBLIC BOAT LAUNCHING
General, transient, boat launching will be discontinued with the
exception of service customers, lakeshore homeowners, and members
of Lakeshore Associations. Those parties will still be allowed to
launch in the spring and pullout in the fall on a fee basis.
Page #3
5. DOCKS AND SLIPS (USAGE)
The Marina shall be authorized 94 slips for general, rental usage
plus two additional lift slips and dock supplied by Scott County
Sheri ff in an area other than permi t ted slips. This area is
strategically located to allow for fast access to the lake in an
area mutually agreed upon by the Sheriff and the Marina.
The fuel and service dock shall be authori zed per DNR approved
drawings of dock layout. Fuel service will be composed of on-water
distribution (whether the water in a liquid or frozen form) of
fuels and oils directly into recreational vehicles and watercraft.
All docks and slips wi 11 conform to the detai 1 ed drawing as
submitted and approved by the DNR.
Service and tour boat moorings are to be located per detai 1 ed
drawing as submitted and approved by t~ DNR.
6. TOUR BOAT
The Marina is authorized to operate a 45'x14' Coast Guard approved
pontoon boat from the Marina for the purpose of touring Upper and
Lower Prior Lakes. Hours of operation are 8AM to midnight. The
Mooring space for this boat is shown on the DNR approved dock
layout drawings. All tours will be captained and crewed by Marina
personnel and insured by the Marina, a copy of this insurance will
be available at the Marina to potential renters, the DNR, and the
City of Prior Lake. If meals are desired on board, it will be
supplied by persons renting tour boat, or catered by firms other
than the Marina. (NOTE: Deed restrictions prohibit the Marina
premises from being used for publ ic dining, or on sal e beer or
liquor facilities.) Additional traffic at the Marina will be
minimal as parking for the tour boat will be handled off-site as
much as possible, with riders picked up at other lake locations, or
shuttle bus delivery and retrieval. Off season storage alongside
the retaining wall between the service facility and the access road
to the Wagon Bridge Townhomes is authorized.
Page #4
7. PARASAILING
The Marina is authorized to operate a Coast Guard approved,
specially designed boat for parasailing. This boat will be
operated by Marina personnel and insured by the Marina. A
certificate of insurance for parasailing will be available to all
potential renters, the DNR, and the City of Prior Lake.
parasailing will be done only on the lower lake in the main body of
water north of Reeds Island and will not interfere with other boat
traffic. Special permits may be issued by the City of Prior Lake
to do parasailing during city functions in conjunction with special
activities on the lake. Additional traffic at the Marina will be
minimal due to this activity. parasailing be primarily done during
weekdays and not on weekends.
8. RENTAL CRAFT
'"
The Marina is authorized to provide a watercraft rental service in
conjunction with the Marina operation to include, but not limited
to recreational vehicles, boats, canoes, paddle boats, pontoon
boats, sai lboats and reI ated windpowered watercraft, tour boat,
parasailing boat all intended for summer usage. Winter usage is
unknown at this time, but may include snowmobiles, 4-wheelers, sno-
sail boats, and similar winter usage personal sized craft. The
Marina anticipates no increase in transient traffic at the Marina
due to these rentals, which are currently in place and allowed
under the current permit.
9. RETAIL SALES
The Marina may engage in the retail sales of watercraftjpersonal-
sized recreational vehicles and related items, new and used;
motors, new and used; marine parts, equipment and accessories;
fishing bai t, tackl e and accessories; and other water sports
equipment and accessories with no limit to seasonality.
The Marina may engage in the retail sales of food and beverages and
related services, incidental to the operation of a commercial
marina, including, but not limited to:
Coffee, pop, candy, donuts, chips, snacks and other similar
convenience type items.
Hot dogs, bratwurst, pizza, stewart sandwiches and other
similar pre-processed food items.
. ,
Page #5
10. PARKING
All parking upon or blocking of the designated driveways and access
easements located within or about the premises is prohibited. On
premises parking will be confined to the areas specifically
designated for public parking.
Parking areas wi 11 be del ineated wi th striping where appl icabl e and
designated with concrete curb clocks where other delineation is not
possible. Parking area in front of the building will be striped on
blacktop/concrete, with designated spot(s) for handicap parking and
required signage.
Overflow parking and storage is permitted in the designated area
where shown on the site plan. Related items and unloaded trailers
will be stored off-site whenever possible.
.
11. PRE-SEASON AND POST-SEASON ON PREMISES STORAGE
During the spring of each year between "ice-out" and Memorial Day,
and during the Fall of each year between September 15 and "ice-in",
the Marina shall have the right to temporarily store customer
watercraft and/or trailers on the premises when such storage is
incidental to the process of (a) transporting such watercraft
and/or trailers between the winter storage areas and the lake, and
(b) launching or removing such watercraft therefrom. During the
aforementioned periods, the Marina may store such watercraft and/or
trailers on any designated parking area located on the premises and
may perform service and repairs thereto in place without removing
them to areas specifically reserved for on-premises Marina storage.
In the event that weather or other conditions require either the
continuation of such on-premises storage after Memorial Day in the
Spring, or the commencement of such on-premises storage prior to
September 15th in the fall, specific authority must be obtained by
application to the City Manager.
On I and storage, at grade level onl y, of watercraft and other
related items year around is permissable, when incidental to the
operation of the Marina. This storage must not be done in
delineated parking stalls 1-39. For storage of watercraft higher
than at grade level, a separate variance permit application must be
applied for through the Planning Commission and City Council.
Page #6
11. OVERNIGHT MOORING OR STORAGE ON FUEL AND SERVICE DOCK
The mooring and storage of watercraft on the service dock facing
the channel is prohibited any time after the usual and customary
business hours of the Marina. The Marina is authorized to moor
overnight on the side of the fuel and service dock opposite the
channel, such watercraft being in the custody and control of the
Marina for the purpose of maintenance, service, or rental.
12. SPECIAL EVENTS
The Marina may have periodic special events, promotions, or city
wide celebrations. These periodic events will not exceed four (4)
per year, exceed longer than one day from one hour after sunrise to
dusk. These events, by way of example, can include: Handicapped
fishing tournament held in conjuct~n with the Prior Lake
Sportsmans CI ub, Customer Appreciation Day, or Boat Shows. If
special permi ts are required by the Ci ty for these events, they
will be obtained prior to the event.
13. Unl ess otherwise modi fied, waived, enumerated or excepted
herein, the operation of this public, commercial marina shall
comply with all laws, regulations, ordinances and deed restrictions
applicable thereto.
. .
EAGLE CREEK PROPERTIES
TRAFFIC FLOW
70
60
50
40
30
20
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Holiday Mon- Thurs Sat-Sun
CURRENTIPROJECTED
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. Pontoon
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. Slip
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SUPPLEMENT TO CONTRACT FOR DEED DATED MA, 10, 1'177
. It is understood and agreed that the structure now located
on Lots 15 and 16, Block 7, Grainwood, may remain thereon temporarIly,
but that that portion of the structure now on Lot '6 shall be removed
th~refrom or demolished, at the expense of parties of the second part,
not later than May 1, 1978.
Parties of the second part agre! to transfer to first party
an easel.:",'t for public water and sewer service, adequate in location
and area to satisfy the requirements of the appropriate governmental
agency, for the purpose of making said services available to adjoining
land owned by party of the first part, and agree to execute the docu-
ments necessary to create such an easement.
Second parties &1ree that so long as first party's adjoining
land is used for non-commercia' purposes, then the premises described
herein shall not be used for public picnic grounds, nor shall they be
used for public dining or on sale beer or liquor facilities, or for
camping groundS or parkin~ of travel trailers.
Second parties further agree that no improvements shall be
made on said premises without the prior written consent of first party,
unless the cost of such improvements shall be less t~an $1,000.00.
Consent shall not be unreasonably withheld.
Parties of the second part and party of the first part shall
share equally in the expense of proceedings to have that part of Beach
Drive adjoining Lot 11, Block 7, vacated, and In the expense of
registering title to the above described premises.
Taxes ~nd special assessments due and payable In the year
1977 shall be shared equally by the parties hereto.
Parties of the second part agree that, In the event municipal
authorities require access to the adjoining lan~ owned by party of the
first part to be of greater wltlth than the easement reserved over Lot
14 and the existing gravel r~adway; then this contract for deed shall
be amended tO,conform to .the requirements of such municipal authorities.
. _' ".' .. . . ~: . ,.' .. . .. . '.'." " '. /. ,.: 1 . "; I i ~.,: ,/', ' I" . _ . . .,
, . In the event parties of'":the 'second 'part decide In the future
to sell their interest und&r this contract for deed, party of the first
part. sh~" be offered the first. opportunity .to purchase same.-. "
, ',::.. .'\....i
THIELING ENTERPRISES, INC.
By~,(~~'li1L/~7'
res den t '.
. . ....~
.11
Miscellaneous
L:\TEMPLA TE\FILEINFO.DOC
PARTIAL MARINA HISTORY
Late 1800's owned by Mr. Clark
No dates owned by Mr. Ostrander
1920's owned by Carl Swenson
1940's to 1970's Rau's Resort - owned by Arthur and Kathrine Rau
Marine Store added in 1956
Cabins removed - 11 cabins
Cellar Bar leased to the Sylvester Magnuson - removed in 1977
1980 Marina rezoned from Rl to R2
April 1980 City required the marina to operate in compliance with the zoning ordinance
(legal nonconforming use.)
1986 Cabooze Cruise Lines allowed to operate at marina.
1988 EA W prepared for application of additional boat slips (56 to 94). November 21,
1988 Council will not approve.
March 1989 - County made motion approving the expansion in concept.
When was permit issued???
May 1990 Permit to expand marina to 94 slips.
)De ...
rat
Editorial:
Department of tourism?
ion
for
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for
lrk.
Im-
As the first bud blooms in your flower garden,
you know spring is here. But that's not the most ob-
vious sign if you live in Prior Lake.
It's when your friends and neighbors start mak-
ing waves - whether on a boat, a jet ski or water
skis - that you know the calendar has turned an all
important page. Other people in the metro area read
that same calendar. And they head to Prior Lake.
Guess what they find.
This year, as they take their boats and aquatic
recreational vehicles onto the lake, they'll find one
fewer beach business to spend money at and a few
more rules on the lake to obey.
Prior Lake's Department of Tourism has lived
up to its well-defined history. The sign should read:
"Welcome to Prior Lake. Sort of."
A community which has often talked about the
lake as a marvelous asset to the city has never real-
ized the benefit of keeping these people in town just
long enough to enjoy themselves a bit outside of the
cuddly confines of their boats. It's as ifnobody has
ever considered the idea of a tourism industry in this
city.
Mc Willies, at least for now, is gone. Imagine that!
Miles of lakeshore and almost none of it open for
business. And rather than investors lining up behind
investors for a chance to make Mc Willies work, the
restaurantlbar business has remained something of
an enigma on Prior Lake. Some say it can't work.
Most of the rest of us ask, "Why?"
The operators of the Wagon Bridge Marina at
least are making another effort at keeping the only
remaining lake business afloat on the lakeshores of
Prior Lake. Their proposal to increase the number
of slips to 94 is a sign that some people are still will-
ing to make an investment on such aquatic activities
locally. But anyone who knows the history of the
marina knows that it has sometimes been as much
as an enigma as McWillies in terms of its success,
or lack thereof.
Don't you find it ironic that both lakeshore busi-
nesses - the marina and Mc Willies - in Prior Lake
are surrounded by homes, housing homeowners who
feel threatened by the businesses' business?
Each business is hemmed in by zoning that re-
stricts the businesses' ability to expand and is ham-
pered by political elements that focus on peoplets
property rights, property values and a host of other
reia(e,.d"i:~t\1!t:~~ ~em~~,,"',;,
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Columnists
Some might say many in Prior Lake don't really
want to see the lake become crowded with tourists
and related out-of-towners. Some might say that-
but it would have little bearing on the truth.
First of all, there are many out-of-town boaters
already on the lake. The only thing missing is the
, variety of businesses that would naturally serve and
be nurtured by these boaters and visitors. Tourism
does!!'t necessarily mean more crowds. It means
connecting with the crowd.
Also, many more people in this community have
demanded steps toward economic development.
Admittedly, that can mean a lot of different things
to different people. As it concerns the lakeshore, it
should mean lakeshore businesses - in zones set
aside specifically for that purpose.
Businesses could include another bar/restaurant,
a bed and breakfast inn on the lake, a retail strip
mall or individual business with a lake-only theme,
a small motel with backyard porches facing the
lakeshore, a full-scale hotel, or some sort of multi-
dimensional resort business combining several of
those businesses.
This is a topic that has barely been scratched -
in fact, it is almost completely ignored - by the
city's 2010 comp plan proposal. That's a blueprint
document that willgo a long ways toward shaping
the future of Prior Lake's lakeshore.
One current City Council member once heard that
any ideas to develop the last remaining piece of
lakeshore - the Vierling property on the north shore
_ for commercial or tourist purposes would meet
with strong disapproval of lakeshore owners. Odd
that the city might not at least try to test that notion.
What's your angle on the topic of lake tourism?
We're interested in publishing some candid com-
ments on the opinions page as spring continues to
bloom. Write your opinions in the form of a letter to
the editor, following the letters policy as required.
Of course, it would help even more if you got
involved in the process of creating the 2010 comp
plan. If you are interested in that, we suggest you go
directly to the city's mayor, Lee Andren, or the city
manager, Frank Boyles, to help ascertain your role.
The opinion here? It's time for the spring of tour-
ism to bloom on Prior Lake. It's a sure sign oflogi-
cal economic development.
By JIM RlCCIOLI
Talk show hopefuls
By Cheryl Berczyk
people a ~etter. unders~~~~~ _?!..~ onc~_.. "nnM f..llnw~ from SL
I OthE
Drea
By Marlene Vo~
Local contribut
One recent S,
when the spring
balmy, my husb,
turn over the rov
onto the lake.
"The lake" is
complete, lake h
motorists driviJu
13. It is a lake th
the community c
reside near its st
It is so satisf
Hidden Lake, or
Lake, that my h\
must speak to th
Prior Lake and (
as to members 0
nity, to protect c
heaven for ourst
generations.
While rowin
sun not yet gom
moon rising in t
the activity ofn.
Down toward tt
marsh, we paus,
Owls were c
forth to each oU-
so close to the c
little race with a
the northern she
won, my husbar
came out on the
canoe. A pair of
quietly in their i,
bay. From the si
a large school 0
in the clear wat,
In the smnrr
<
Ity I'Region
:y briefs
South plans proceed
y will accept bids for the Prior South improvement project and
~ public hearing on the expected assessments to affected prop-
s.
iar Lake City Council decided Monday to proceed with plans
mated $565,000 project that will result in assessments of about
assessable front foot.
ill be opened at 10:15 a.m. June 2. A public hearing will be held
abutting residents in the project area, which includes parts of
lIue, Dublin Road, Brunswick Avenue and Erin Circle.
(s Public Works Department says the street is in need of com-
struction and drainage correction. Curb and gutter installation
IStruction of sidewalks through part of the project area is also
homes planned for Wilds
mit townhome subdivision is planned for a parcel as part of
ievelopment area.
~day, the City Council approved a consolidation of the prelimi-
lal plats for the townhome subdivision to aid in the marketing
~rty this year. The plat is expected to be brought to the council
)roval May 16.
, to be marketed as "Sterling North at The Wilds," is located
Wilds Parkway and north of White Tail Ridge.
~ioD briefs
~scape after chase .
~ police impounded a red 1993 RX7 Mazda on Friday after it
~ area squad cars through the county at speeds up to more
h on highways 101 and 13 to Burnsville.
er of the car and his passenger were able to escape before
:d the car after it stopped in Burnsville. Shakopee Police Chief
~er said the car was not reported stolen, so it is assumed that
ler was in the vehicle during the pursuit.
:e police initially tried to stop the vehicle near the intersection
ads 42 and 83 at about 9:15 a.m. when officers learned there
It for the driver's arrest.
lJ" refused to stop and led area police on the chase. There was
Ild no one was injured. ,
entenced for robbery
ld of two men who pleaded guilty to the January 1992 armed'
lew Prague convenience store was sentenced in Scott County
t to 108 months in prison.
yton Blacksten, 28, of rural Scott County was sentenced April
n- pleading guilty. An accomplice in the robbery, James A.
. Lake, was previously sentenced to 108 months after plead-
~e same charge.
ad '?een dropped against the men after a district court judge
Ice. Illegally stopped a car driven by Otis after a high-speed
ISVllle, from which evidence was gathered to build a case
ld Blacksten. The Scott County attorney's office reinstated
:er gaining additional evidence through interviews with two
'ere girlfriends of the men._, ,"
Marina's owners
tell city of plan
to add more slips
By Jim Riccioli
Editor
Barring any political slip-ups, the
Wagon Bridge Marina may become
the home base for more boats this
year.
If it happens, it would mark the
first lake-oriented business that has
expanded in Prior Lake in many years.
At the same time, the marina's own-
ers say, the proposal would reduce
traffic-oriented problems at the busi-
ness located off County Road 21.
But the city of Prior Lake has only
begun to explore which process it
should use to consider approving
changes at the marina, which techni-
cally sits on land zoned as residen-
tial.
The marina, the only one of its
kind in Prior Lake, would expand to
94 slips, up from the current 56, if the
City Council approves an arrange-
ment that may require a special per-
mit.
This week, the council officially
was notified of the marina's plans af-
ter the state's Department of Natural
Resources said it would not oppose
the increase in the number of slips on
the lake.
From there, it could get compli-
cated. Under one viewpoint, the in-
crease in the number of slips may not
technically be considered an expan-
sion for planning purposes, since the
marina would give up its boat launch
in exchange for more slips.
In fact, the owners, Jim and Diane
Sentyrz, said they aren't even sure of
the need for a conditional use permit
to allow for the coming changes.
The city thinks the issuance of a
permit is the best bet within the city's
code on non-conforming, but legal,
uses in residential zones.
"It seems to me that the city would
need to consider this as a conditional
use permit," City Manager Frank
Boyles. "I know that the petitioner is
interested in improving the marina, so
as far as I can tell the [permit] is the
only way we could deal with [the is-
sue]."
City Attorney Glenn Kessel
agreed, II". ;m.a.n...~lll h"
reca mg a s~~m~r.-r- ~
,;t~t.'*,t..t't:r.~~l,t.",,: ~,r
one of the marina's previous owners,
Jim Dunn. In 1988, Dunn had pro-
posed adding slips to the marina in
exchange for giving up his business'
boat launch. Dunn had general sup-
port among council members at that
time. But the project never material-
ized so no conditional use permit was
issued, said Kessel.
Though the 1988 application ap-
peared headed for approval, there was
some formal opposition on the part
of neighboring property owners,
Kessel also recalled. He said an at-
torney representing the nearby town
homes argued that the proposal was
an expansion that required more than
a conditional use permit. From the
city's perspective, the issue was not
that clear.
"There was some real involved
discussion on that one issue. It became
a real splitting of hairs whether it was
an expansion or if they had to go un-
der the conditional use permit proce-
dures. This is a potential argument
[this time]," Kessel said.
Jim Sentyrz said he believes the
marina does not even need a condi-
tional use permit because of the way
it is allowed to operate in the current
residential zone now.
"If you look at the current zoning
ordinances, it says we can go from a
legal non-conforming use to another
legal non-conforming use without ex-
panding," he said. "All that we are try_
ing to do is to reduce traffic at the
marina by reducing the amount of
vehicles coming in to launch boats-
by giving up our permanent launch
and by putting in slips [for] perma-
nent boats. so we won't have the daily
traffic. "
In effect, the proposal would help
the marina in "cutting down a lot of
the problems" that are currently cre-
ated - IIIainly traffic in and out of
the marina.
The Cl ,uncil took no formal action
at Monday's meeting but said it would
be willing to act on the proposal in
June if all the related materials and
plans were on file in City Hall by last
IMarina to back page
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Correspondence
L:\TEMPLA TE\FILEINFO.DOC
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'~W:VY-<A Cu P {'
Minnesota Department of Natural ReSP~,t~~-~ n '\,\/~----i-_h~
Metro Waters - 1200 Warner Road, St. Paul, MN 55H~~;.6m-: _ .. ......- !
Telephone: (612) 772-7910 Fax: (612) 772-1~77
SEP .3 0 /997
'i--J
September 26,1997
Eagle Creek Properties, Inc.
Attention: Mr. Jim Sentyrz
15862 Eagle Creek Avenue NE
Prior Lake, MN 55372
RE: Amendedffransferred/Consolidated Permit #88-6279, Terminated Permit #78-6071, Marina, Prior Lake
(70-72P), Scott County
f
Dear Mr. Sentyrz:
In accordance with your request, Permit #88-6279 is hereby transferred to Eagle Creek Properties, Incorporated from Lakeside
Marina. Permit #88-6279 is also amended to reflect the current 94-s1ip operation as shown in engineering plans dated
February 9, 1994 and the placement of additional riprap along the shoreline. Permit #78:'6071, authorizing dredging of the
marina, has been consolidated with Permit #88-6279 to simplify administrative procedure. Therefore, Permit #78-6071 is
terminated in all respects.
Amended Permit #88-6279 includes a maintenance provision that authorizes the mechanical removal of material from the bed
of Prior Lake to an elevation of 896.0 feet (NGVD, 1929). However, written approval from this office is required before such
maintenance work may commence. Several other Special Provisions have been added to your permit to address current rules
and regulations. Please review them carefully before you start any work. In particular, please note that dredging is prohibited
from April 1 through June 30 and that a floating silt curtain is required around the dredging site.
Please contact Area Hydrologist Pat Lynch at (612) 772-7910 if you have any questions.
Sincerely,
D~~
Dale E. Homuth
Regional Hydrologist
DEH/PJL/cds
Enclosures
c: City of Prior Lake, Don Rye
U.S. Army Corps of Engineers, Gary Elftmann
Scott Soil and Water Conservation District, Pete Beckius
Prior Lake / Spring Lake Watershed District
DNR Conservation Officer Scott Carlson
DNR Fisheries, Daryl Ellison
DNR Wildlife, Diana Regenscheid
Central Waters, Ron Anderson
Upper Prior Lake (70-72P) File
Permit File #78-6071
DNR Information: 612-296-6157,1-800-766-6000 . TTY: 612-296-5484,1-800-657-3929
An E4ual Opportunity Employer
Who Values Diversity
ft' Printed on Recycled Paper Containing a
c.., Minimum of l()llc: Post-Consumer Waste
/
.'
88-6279
Department of
Natural Resources
PROTECTED WATERS
PERMIT
AMENDEDrrRANSFERRED/CONSOLIDATED
Permit Number
NA-02733-O$
REGION'
REV. 31M
Division of
if
(This Amended Permit Supersedes all Previous Versions of Permits #88-6279 and #78-6071)
~ Pursuant to Minnesota Statutes, Chapter 1030, and on the basis of statements and information contained in the permit application, letters, maps, and plans submitted by the
~
aoolicant and other data, all of which are made a part hereofbv reference, PERMISSION IS HEREBY GRANTED to the applicant to perform the worle as authorized below:
Protected Water County
Upper Prior Lake (70-72P) Scott
Name of Permittee Telephone Number (include Area Code)
Eagle Creek Properties, Inc. (d.b.a. Wagon Bridge Marina) (612) 447-4300
Attn: Jim Sentyrz
Address (No. & Street, REV, Box No. City, State, Zip Code)
15862 Eagle Creek Avenue NE, Prior Lake, Minnesota 55372
Authorized Work:
Operate existing 94-slip marina facility as sho\ffi on revised plan dated Februmy 9, 1994. Excavate and remove silt and earthen
materials from the bed of Prior Lake to elevation 896.0 feet over an area extending from 0 feet to 100 feet lakeward from 350
feet of shoreline abutting lots 11, 14, 15, and 18, block #7, Brooks Grainwood Addition. Place riprap along the shoreline
abutting lots 11, 14, 15, and 18, as shown in drawings dated April 19, 1994.
Purpose of Permit Expiration Date of Permit
Maintenance of existing marina Does Not Apply
Property Described as:
Lots 11, 14, 15, and 18, Block 7, Brooks Grainwood Addition
SW 1/4, SW 1/4, Section 35, T115N-R22W, Scott County
Address of Property, if Known: 15862 Eagle Creek Avenue NE, Prior Lake
As Indicated in General Provision No. 11:
The Ordinary High Water Elevation of 904 feet (NGVD, 1929)
This permit is granted subject to the following GENERAL and SPECIAL PROVISIONS:
GENERAL PROVISIONS
1. The pennittee is not released from any rules, regulations, requirements, or standards of any applicable federal, state, or local agencies; including. but not limited 10, the U.S.
Army Corps of Engineers. Board of Water and Soil Resources, MN Pollution Control Agency, watershed districts, water management organizations, county, city and township
~ This permit does not release the permittee of any permit requirements of the St Paul District, U.S. Anny Corps of Engineers, Anny Corps of Engineers Centre, 190
Fifth Street East, St Paul. MN 55101.1638.
2. This permit is not assignable by the permittee except with the written consent of the Commissioner of Natural Resources.
3. The pennlttee sha11 notifY the Area Hydrologist at least five days in advance of the commencement of the worle authorized hereunder and notifY himlher of its completion within
five days. The Notice of Permit issued by the Commissioner shall be kept securely posted in a conspicuous place at the site of operations.
4. The penniUee shall make no changes, without written permission previously obtained from the Commissioner of Natural Resources, in the dimensions, capacity, or location
of any items of work authorized hereunder.
5. The permittee shall grant access to the site at all reasonable times during and after construction to authorized representatives of the Commissioner ofNaturaJ Resources for
inspection of the worle authorized hereunder.
6. This Pennit may be terminated by the Conunissioner of Natural Resources at any time deemed necessary for the conservation of water resources of the state, or in the interest
of public health and welfare, or for violation of any of the provisions of this permit, unless otherwise provided in the Special Provisions.
"
7. CooAruction WllIk authorized wxIer this permit shall be completed on or before date specified above. The pennittee may request an extension of time to complete the projec:t.
stating the reason thereof: upon written request to the Commissioner of Natural Resources. .
8. In all cases where the permittee by performing the work authorized by this permit shall involve the taking. using. or damaging of any property rights or interests of any other
person or persons. or of any publicly owned lands or improvements thereon or interests therein, the permittee, before proceeding. sha11 obtain the written consent of all persons.
agencies, or authorities concerned, and shall acquire all property, rights and interests needed for the work.
9. This permit is permissive only. No liability shall be imposed by the State of Minnesota or any of its officers, agents or employees, officially or personally, on account of the
p1ling ha'eof or on account of any damage to any person or property resulting from any act or omission of the permittee or any of its agents, employees, or contractors. This
pennit shall not be construed as estopping or limiting any legal claims or right of action of any person other than the state against the permittee, its agents, employees, or
_ 0llIIIrad0rs, for any damage or injury resulting from any such act or omission, or as estopping or limiting any legal claim or right of action of the state against the permittee,
its agents, employees, or contractors for violation of or failure to comply with the permit or applicable provisions oflaw.
10. Any extension of the surUce ofpublic waters resulting from work authorized by this permit sha11 become protected waters and left open and unobstructed for use by the public.
11. No material excavated by authority of this permit nor material from any other source, except as specified herein, shall be placed on any portion of the bed of said waters which
lies below (as indicated above.)
12. Where the work authorized by this permit involves the draining. filling or burning of wetlands not subject to DNR jurisdiction, the permittee sha11 not initiate any work under
this permit until the pennittee has obtained official approval from the responsible govenunental unit as required by the Minnesota Wetlands Conservation Al:t of 1991.
1
. .
2.
3.
4.
5.
6.
7.
8.
SPECIAL PROVISIONS
Erosion ~C'ntrol !1'1easurp.s shall be adequately designed for the site characteristics. They may include staked haybales, diversion channels,
sediment ponds, or sediment fences. They shall be installed in accordance with "Protecting Water Ouality in Urban Areas - Best Mana~ement
Practices for Minnesota" MPCA, October 1989, prior to conunencement and maintained throughout the project. All exposed soil shall be
stabilized as soon as possible and no later than 72 hours after the completion of the project. Topsoil should be used to re-dress disturbed soil
areas and indigenous plant species should be used to revegetate disturbed areas whenever possible.
Upon completion of the authorized work, the permittee shall submit representative photographs and any as-built surveys, as appropriate, of
the project area to DNR Metro Region Waters ( 1200 Warner Road, St. Paul, 11N 55106).
Future maintenance excavation of this project shall not exceed the dimensions herein authorized. Prior to conunencing any maintenance
excavatiori, permittee shall advise the Department of Natural Resources, in writing, of the volume of material to be removed, the manner of
removal, and the spoil disposal site(s) proposed. Maintenance excavation shall not be commenced until the Permittee's receipt of th~
DeJlartment's approval. ~.
Excavated materials must be deposited or stored in an upland area, in a manner where the materials will not be redeposited into the protected
water by reasonably expected high water or runoff.
Dredging equipment shall be inspected for Eurasian water milfoil and decontaminated following project completion and/or when equipment
is moved from one waterbody to another. Every reasonable precaution shall be taken to prevent inoculation of other waterbodies. DNR-
Ecological Services (612-296-2835) may be contacted for information on how to decontaminate equipment.
Any work below the water level shall be encircled by a flotation sediment curtain to prevent sediment from being transported beyond the
construction site. This sediment curtain shall be constructed and maintained as illustrated on the enclosure entitled "6.6 Flotation Silt Curtain. "
The barrier shall be removed upon completion of the work after the silt has settled.
No activity affecting the bed of the protected water may be conducted between April 1 and June 30, to minimize impacts on fish spawning
and migration Ifwork during this time is essential, it shall be done only upon written approval of the Area Fisheries Manager, at 612-772-
7950.
This amended/transferred/consolidated permit supersedes the original Permit #88-6279 issued May 5, 1989 and Permit #78-6071.
c: City of Prior Lake, Don Rye
U.S. Army Corps of Engineers, Gary Elftmann
Scott Soil and Water Conservation District, Pete Beckius
Prior Lake / Spring Lake Watershed District
Conservation Officer Scott Carlson
DNR Fisheries, Daryl Ellison
DNR Wildlife, Diana Regenscheid
Central Waters, Ron Anderson
Upper Prior Lake (70-72P) File
Permit File #78-6071
~uthorized Signature Title Date
Vd ?~~ 9--c:2t - 97
Dale E. Homuth Regional Hydrologist
~m~
July 1, 1996
Mr. John Breitbach
Senior Vice President
Prior Lake State Bank:
P.O. Box 369
Prior Lake, MN 55372
RE: Irrovacab1e Letter of Credit No. 1207
Eagle Creek Properties
Dear Mr. Breitbach:
We have completed the inspection for paving and striping at the Wagon Bridge Marina,
(enclosed is Michael Leek's letter to Jim Sentryz.). Therefore we are releasing the Letter
of Credit. If you have any questions please let me know.
Sincerely,
On ~ (!
C:61{AML U~iVL-
Connie Carlson .
Planning Dept. Secretary
enc.
16200 ~~en'treek Ave. S.E., Prior Lake, Minnesoffi'IS5372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
.
PRIOR LAKE STATE BANK
February 9, 1996
IRREVOCABLE LETTER OF CREDIT NO. 1207
City of Prior Lake
4629 Dakota Street SE
Prior Lake, MN 55372
Gentlemen:
EXPIRATION DATE: June I, 1996
Prior Lake State Bank hereby establishes an Irrevocable Letter of
Credit in the amount of Fifteen Thousand Six Hundred Forty Six and
25/100 ($15,646.25) U.S. Dollars in your favor for the period
be9inning February 9, 1996, and expiring June I, 1996, for the
account of Eagle Creek Properties, Inc.
This credit shall be available against your draft at sight on us
accompanied by the original Letter of Credit.
This Letter of Credit sets forth in full terms of our under-
taking. Such undertaking shall not in any way be modified, amended
or amplified by reference to any document, instrument or agree-
ment referred to herein or in which this Letter of Credit is
referred to or to which this Letter of Credit relates. Any such
reference shall not be amended to incorporate herein by reference
any document, instrument or agreement.
Your draft so drawn must bear this clause: "Drawn under Prior Lake
State Bank, Prior Lake, Minnesota, Irrevocable Letter of Credit
dated February 9, 1996."
We hereby agree with the drawers, endorsers and bona fide holders
of all drafts drawn on and in compliance with the terms of this
credit that such drafts will be duly honored upon presentation to
the drawee. In connection herewith, we specifically waive our
rights (if any) including but not limited to Section 5-122 (1) A &
B of the UCC Code, to defer or delay honor of any sight draft.
This Letter of Credit is subject to the Uniform Customs and
Practices for Documentary Credit (1993 Revision) International
Chamber of Commerce Publication No. 500.
Two Locations:
P.O. Box 369, 16677 Duluth Avenue SE, Prior Lake, MN 55372-0369 (612) 447-2101 FAX (612) 447-3337
14033 Commerce Ave NE, Prior Lake, MN 55372
,"", ....,.>:...;..,.. -. "!.Y"",":",".,-,,,*,.,., ".""",'-'.r~'._~.,,, c.._...."._"_~...._"'~.""'""'.__.,'<.-....,"".~....~..,.. '''~''-_'''''"'''_"'~'''''-~'''.'__
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May 31, 1996
Wagon Bridge Marina
Mr. Jim Sentyrz
15862 Eagle Creek Avenue
Prior Lake, MN 55372
Dear Jim:
I inspected the paving and striping at the Marina on this date, and found it to be
consistent with the revised CUP plan which you submitted this week. With the
completion of this work the Marina is in compliance with its CUP, and an additional
letter of credit is not required.
If you have any questions after June 4, 1996, please contact Don Rye. Best of luck to yea
and the Marina in the futute.
v ery ~ YOIllS,. . '
//~~
R. Michael Leek
Associate Planner
cc. CU94-03
16200 ~W'eiUkOA~'s,E" Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
PS Form 3800, March 1993 II~
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Certified Letter
March 7, 1996
Eagle Creek Properties, Inc.
Jim Sentyrz
15862 Eagle Creek Avenue NE
Prior Lake, MN 55372
RE: Wagon Bridge Marina Conditional Use Permit CU94-03
Dear Mr. Sentyrz,
This letter is in regard to the outstanding violation of Conditional Use Permit CU94-03, issued
by the City of Prior Lake on August 1, 1994. Specifically, the violation pertains to Condition
#10, Parking - Storage wherein the parking lot is not improved with required bituminous surface
and delineation o~required parking spaces with curb stops. The City staff has informed you on
three occasions by lettei,formally met with you ontwooccasions and advised you on the
process to address the City Council all in an attempt to work with you to resolve the outstanding
violation oftlie Conditional Use Permit.
Letters dated October 23, November 9 and December 5, 1995 were sent via certified mail to you
identifying the violation, procedure and time lines for compliance. In addition, a meeting was
held on November 2, 1995 with you and City staff to discuss the violation and methods to
resolve the issue. You were instructed to submit a formal application to amend the Conditional
Use Permit related to paving and parking lot delineation, or submit a letter of credit or other
form of security to insure the improvements are installed as required by no later than January 2,
1996. On that date. you submitted a letter requesting an additional ten days to "solve the
problem of the letter of credit or other suitable source of financial guarantee to complete the
work. You were instructed by City staff at a meeting at City Hall, to address the City Council at
a Forum to be held on February 20, 1996, to request consideration of a time extension for
resolution of the outstanding CUP violation. City staff contacted you one week prior to the
Forum to remind you of the date, time and procedure to address the City Council at the February
20, 1996 Forum.
To date the violation is still outstanding. You failed to attend the City Council Forum, and have
not submitted a formal CUP application nor letter of credit or security to insure the required
improvements will be installed. At this point, the City has no other alternative but to forward the
violation to the City Attorney for legal action and possible prosecution.
Consider this letter as official notification the City will begin enforcement proceedings to bring
the site into compliance with the approved Conditional Use Permit. The file will be forwarded to
L4MARlNADOC
16200 ~le Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
the City Attorney on March 21, 1996 in the event a complete CUP application or letter of credit
is not received by the Planning Department by 4:30 p.m. on March 20, 1996.
If you have questions related to this letter, contact Mike Leek at 447-4230.
Sincerely, !
IOJiJACUUttJ4/V
Deb Garross
Assistant City Planner
Enclosure
ccFrank Boyles
Don Rye
Suesan Pace, City Attorney
Bob Paschke, 4070 Grainwood Tr. NE
Jim Sentyrz, 16910 Elm Avenue
L4MARINA.DOC
DO
'\'Y'". --.........
Deb Gaross:
City of Prior Lake
16200 Eagle Creek Avenue S.E.
Prior Lake, Minnesota 55372
Januaty 2, 1996
RE: Eagle Creek Properties, Inc. CUP
Dear Deb:
As of today, we have not been able to secure a letter of credit for the work to be done at
the Wagon Bridge Marina Property. The total for the work to be completed by June 1996
for the blacktopping, striping and the placement of curb blocking is $12,517.00 . With the
25% added over the actual cost, the total for the letter of credit or other security is
$15,646.25 .
The circumstances involved with obtaining a letter of credit is based on the projected
income of the slip rental for the marina in 1996. The rental income does not start coming
in 'until the first week of April per our slip rental contracts, thus leaving Eagle Creek
Properties short on income until such time. Because we are a seasonal business, all of the
monies for operation are budgeted for the first six months of operation each year. If some
fonn other than a letter of credit could be used like a personal guaranty by all officers of
the corporation to complete the scheduled work on time in 1996, it would be greatly
appreciated.
The bids we received are as follows:
BLACKTOPPING:
M & M Construction $11,267
26251 Xkimo Ave.
Webster, Minnesota 55088
507-663-7883h
STRIPING:
Superior Striping $225
14021 Basalt St.
Ramsey, Minnesota 55303
422-9576
CURB BLOCKS:
Chandler Concrete Products $1,025
Lakeville, Minnesota
469-3996
This is the second letter of intent to complete the project and we ask that an additional 1 0
days be granted for us to solve the problem of the letter of credit or other suitable sow'ce of
financial guarantee to complete the work.
~irl~ .
,/ -~~ ~
.... es W. Sentyrz
Vice President
Eagle Creek Properties, Inc.
15862 Eagle Creek Avenue N.E.
Prior Lake, l\Ainnesota 55372
Certified Letter
Revised Letter
December 5, 1995
Jim Sentyrz
16910 Elm Avenue
Prior Lake, MN 55372
RE: Wagon Bridge Marina Conditional Use Permit Violation
Dear Jim,
The City of Prior Lake is in receipt of your letter dated November 20, 1995 requesting a
time extension for completion of paving of the Wagon Bridge Marina parking lot. In
addition to the letter, you were requested to provide the City with a letter of credit or
other form of security in the amount of 125% of the costs to pave the parking lot and
delineate parking spaces as required by the 1994 Conditional Use Permit for Wagon
Bridge Marina.
To date I have not received the letter of credit nor alternative form of security which was
requested. Please be advised the violation of the Conditional Use Permit must be
resolved expeditiously. There are three methods by which this can be accomplished:
1. Submit a formal application to amend the Conditional Use Permit related to the
paving and parking lot delineation requirement.
2. Submit a letter of credit or other form of security to insure the improvements are
installed as approved by June 1, 1996.
3. The City could begin code enforcement action against Prior Lake Marina and possibly
revoke the existing Conditional Use Permit.
Staff has worked with you to avoid having to institute alternative #3. Please consider this
letter as official notification that code enforcement action will begin effective January 3,
1996 in the event a letter of credit or other security is not submitted or a complete
application for Conditional Use Permit to amend the existing Wagon Bridge Marina
CUP. F or your records, I have attached a CUP application form, and related Zoning
Ordinance information explaining the required submittal information. The fee associated
with a CUP application is $250.00 dollars. A certificate of survey indicating any changes
16200 R;liy~~k Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
-
to the existing CUP along with a list of property owners, (prepared by a, certified abstract
company), within 350' of the perimeter of the Marina site will also be required. The
CUP application and required materials or the letter of credit should be submitted to my
attention by January 2, 1996.
If you have questions related to this letter, please contact me directly at 447-4230.
S(jJd~
Deb Garross
Assistant City Planner
Enclosure
SENDER:
. Complete Items '1.and!or 2 for edditional services.
-Complete items 3, 48, and 4b.
- Print your nllll!8and address on the reverse of this form so that we can retum this
card to you.
-Attach this fotm to the front Of the mailpiece, or on the back if space does not
permit.
-Write'RBtum Ret;llipt Requested' on the maUpiece below the article number.
-The Retum Receipt will show to whom the article was delivered and the date
delivered. '",,,
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3. Article Addressed to:
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Certified Letter
December 4, 1995
Jim Sentyrz
16910 Elm Avenue
Prior Lake, MN 55372
RE: Wagon Bridge Marina Conditional Use Permit Violation
Dear Jim,
The City of Prior Lake is in receipt of your letter dated November 20, 1995 requesting a
time extension for completion of paving of the Wagon Bridge Marina parking lot. In
addition to the letter, you were requested to provide the City with a letter of credit or
other form of security in the amount of 125% of the costs to pave the parking lot and
delineate parking spaces as required by the 1994 Conditional Use Permit for Wagon
Bridge Marina.
To date I have not received the letter of credit nor alternative form of security which was
requested. Please be advised the violation of the Conditional Use Permit must be
resolved expeditiously. There are three methods by which this can be accomplished:
1. Submit a formal application to amend the Conditional Use Permit related to the
paving and parking lot delineation requirement.
2. Submit a letter of credit or other form of security to insure the improvements are
installed as approved by June 1, 1996.
3. The City could begin code enforcement action against Prior Lake Marina and possibly
revoke the existing Conditional Use Permit.
Staff has worked with you to avoid having to institute alternative #3. Please consider this
letter as official notification that code enforcement action will begin effective January 2,
1995 in the event a letter of credit or other security is not submitted or a complete
application for Conditional Use Permit to amend the existing Wagon Bridge Marina
CUP. For your records, I have attached a CUP application form, and related Zoning
Ordinance information explaining the required submittal information. The fee associated
with a CUP application is $250.00 dollars. A certificate of survey indicating any changes
16200 Raglw.~k Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
to the existing CUP along with a list of property owners, (prepared by a certified abstract
company), within 350' of the perimeter of the Marina site will also be required. The
CUP application and required materials or the letter of credit should be submitted to my
attention by January 1, 1996.
If you have questions related to this letter, please contact me directly at 447-4230.
st:id~
Deb Garross
Assistant City Planner
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CU9403L2.DOC
EAGLE CREEK PROPERTIES,INC.
15862 EAGLE CREEK AVENUE N.E.
PRIOR LAKE, MINNESOTA 55372
NOVEMBER 20, 1995
DEB GARROSS
CITY OF PRIOR LAKE
16200 EAGLE CREEK AVENUE S.E.
PRIOR LAKE, MINNESOTA 55372
RE: EAGLE CREEK PROPERT56IES CONDITIONAL PERMIT CU94-03
DEAR DEB:
THIS LETTER IS TO INFORM THE CITY OF PRIOR LAKE OF THE INTENTION TO
FOLLOW THRU WITH THE STIPULATIONS OF THE PERMIT IN REFERENCE TO
ITEM #10 OF THE PERMIT. DUE TO THE COLD WEATHER AND THE LACK OF
WORKING TIME THIS YEAR, WE PROPOSE TO DELINEATE THE PARKING ON THE
EXISTING IMPERVIOUS SURFACE BY MAY IS, 1996.
DUE TO THE ABSENCE OF OUR PERMITS FROM THE DNR WE FEEL THAT IT IS
CRUCIAL TO THE TIME FRAME FOR COMPLETING THE WORK TO BE DONE THIIS
YEAR.
WE ARE WORKING WITH VARIOUS CONTRACTORS TO BID THE WORK TO BE DONE
IN THE SPRING OF 1996.
PLEASE ACCEPT THIS LETTER AS A REQUEST FOR A TIME EXTENSION UNTIL
MAY IS, 1996.
S~~~E~:Y:, ~
, ~ 4/-1.;/'7
JAMis W. SENTYRZ
VICE PRESIDENT
EAGLE CREEK PROPERTIES, INC.
.J
Certified Letter
November 9, 1995
Eagle Creek Properties, Inc.
Jim Sentyrz/ Bob Paschke
15862 Eagle Creek Avenue NE
Prior Lake, MN 55372
RE: Wagon Bridge Marina Conditional Use Permit CU94-03
Dear Jim,
This letter is in regard to the Conditional Use Permit issued by the City of Prior Lake on
August 1, 1994, specifically CU94-03. On November 2, 1995 you attended a meeting
held at City Hall with Frank Boyles, Larry Anderson,. Don Rye and myself to discuss
outstanding issues related to Wagon Bridge Marina. Specifically, condition #10, Parking
- Storage had not been completed prior to September 1, 1995.
At the meeting, it was made clear that you are willing to conform to all aspects of the
paving and parking delineation requirements of the CUP. However, it was pointed out by
you that Pat Lynch of the DNR stated you cannot pave the lot because it may exceed the
DNR standards for impervious surface. The result of the meeting was for staff to
schedule a meeting with Pat Lynch, DNR Hydrologist, to discuss DNR permits which
may impact paving of the parking lot. In addition, you had agreed to contact a paving
contractor to complete the part of the parking lot adjacent to the southwest property line.
Since the meeting on November 2, 1995, I have contacted Pat Lynch who informed me
the dredging could begin at any time. He stated that an approved permit for Jim Dunn to
allow excavation and repair of rip-rap is on file at the DNR office and that the name on
the permit was in the process of being changed to reflect the current ownership of the
Marina. Pat informed me that he told you the work could commence as early as this
summer, however you were to notify him of start dates for the project. Therefore, there
should not be any delay on the part of the DNR related to completion of the Conditional
Use Permit as approved. Mr. Lynch forwarded a letter to me stating aggregate or crushed
rock surfaces over time, become predominately impervious. It is his opinion that, over
time, compaction and weathering of aggregate material results in a mostly impervious
surface. There is no issue with Mr. Lynch regarding the amount of impervious surface
improvement of the parking lot, as per the approved CUP for Wagon Bridge Marina.
16200 ~~~k Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
Therefore, there should not be any delay on the part of the DNR related to completion of
the parking lot paving as approved.
At this point, it is my suggestion you contact the appropriate contractor(s) to get bids for
completion" of the CUP approved plan. In the event paving cannot be completed this
year, a letter of credit in the amount of 125% of the cost estimate for installation of
required improvements should accompany a letter requesting a time extension from the
City Council. The letter of credit and request for a time extension to complete the
parking lot and delineation plan should be received by my office by no later than
November 20, 1995 in order for the issue to be presented to the City Council on
December 4, 1995. Time is critical to resolving the issue because Wagon Bridge Marina
is in violation of the approved Conditional Use Permit due to outstanding condition # 10
related to the parking lot and designation of parking spaces.
If you have questions related to this issue, please contact me directly at 447-4230.
Sincerely,
WLfYltaA, /
Deborah Garross
Assistant City Planner
P 051 890 237
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October 23, 1995
Eagle Creek Properties, Inc.
Jim Sentyrz/ Bob Paschke
15862 Eagle Creek Avenue NE
Prior Lake, Mn 55372
RE: Wagon Bridge Marina Conditional Use Permit CU94-03
Dear Jim,
This letter is in regard to the Conditional Use Permit issued by the City of Prior Lake on August 1, 1994,
specifically CU94-03. On October 11, 1995 an annual site inspection was conducted for Wagon Bridge
Marina to determine compliance with the approved conditional use permit. The inspection revealed
condition #10, Parking - Storage had not been completed prior to September 1, 1995. (See copy of
Conditional Use Permit attached).
Per our phone discussion related to the outstanding condition, you indicated Pat Lynch of the DNR would
object to additional paving of the parking lot. I reviewed the Conditional Use Permit file and found Mr.
Lynch was notified of the CUP proposal and was in attendance at the public hearing. The DNR did not
object to granting the CUP as proposed. Furthermore, the issue at hand was to change the status of the
Marina from a legal non-conforming use to a conditional use. The attached section of the Shoreland
Ordinance states: "An existing site which is being altered, remodeled, or expanded without expanding the
existing impervious surface may be allowed, provided that where appropriate and where necessary,
structures and practices for the treatment of storm water runoff are in compliance with the Prior Lake
Storm Water Management Plan and approved by the City Engineer." The existing parking lot contains
crushed gravel which is considered impervious surface. The condition to blacktop the parking lot does not
expand the impervious surface coverage beyond the pre-existing condition.
At this point, Wagon Bridge Marina is in violation of the approved Conditional Use Permit due to the
outstanding condition related to the parking lot and designation of parking spaces. You should contact me
in order to set up a meeting with City Manager, Frank Boyles and Director of Planning, Don Rye, to
resolve the outstanding condition. Please contact me as soon as possible to arrange a meeting. I would
appreciate your response prior to October 30, 1995.
SiJ;'eIY;7 ' / /7 /1 )
fi)JlIX::J a;{/C~~
Deborah Garross
Assistant City Planner
Enclosure
cc: Frank Boyles
Don Rye
16200 ~~~k Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
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storage of the tour boat is authorized alongside the retaining
wall parallel to the boundary between the subject property and
the Grainwood West Townhouse Association property.
Rental Craft.
The Marina is authorized to provide a
8 .
watercraft rental service in conjunction with the Marina
operation to include, but not limited to recreational vehicles,
boats, canoes, paddle boats, pontoon boats, sailboats and related
windpowered watercraft, tour boat, all intended for summer usage.
Winter usage is unknown at this time, but may include
snowmobiles, 4-wheelers, snow-sail boats, and similar winter
usage personal sized craft. The Marina anticipates no increase
in transient traffic at the Marina due to these rentals, which
are currently in place and allowed under the current permit.
9.
Retail Sales.
The Marina may engage in the retail
sales of watercraft, personal sized recreational vehicles and
related items, new and used; motors, new and used; marine parts,
equipment and accessories; fishing bait, tackle and accessories;
and other water sports equipment and accessories with no limit to
season.
The Marina may engage in the retail sales of food and
beverages and related services, incidental to the operation of a
commercial marina including:
coffee, pop, candy, doughnuts, chips, snacks
and other similar convenience type items;
hot dogs, bratwurst, pizza, Stewart
sandwiches, and other similar pre-processed
food items.
10. Parkinq - Storaqe. All parking upon or blocking of the
designated driveways and access easements located within or about
- 6 -
the premises is prohibited. The designated driveways and access
easements shall be properly posted with "No Parking" and/or other
signs which are consistent with State requirements. On premises
parking will be confined to the areas specifically designated for
public parking.
Parking areas will be delineated with striping where
applicable and designated with concrete curb blocks where other
delineation is not possible. Parking area in front of the
buildings will be striped on blacktop/concrete, with designated
spot(s) for handicap parking and required signage. All parking
areas shall be delineated as described herein by September I,
1995.
Overflow parking and storage are permitted in the areas
designated and as shown on Exhibits Band C, attached hereto and
incorporated herein. Related items and unloaded trailers will be
stored off-site whenever possible.
11. Pre-Season and Post-Season on Premises Storaqe. During
the Spring and Fall, as defined herein, the Marina shall have the
right to temporarily store customer watercraft and/or trailers on
the Premises when such storage is incidental to the process of
(a) transporting such watercraft and/or trailers between the
winter storage areas and the lake, and (b) launching or removing
such watercraft therefrom. During the aforementioned periods,
the Marina may store such watercraft and/or trailers on any
designated parking area located on the Premises and may perform
service and repairs thereto in place without removing them to
areas specifically reserved for on-premises Marina storage. In
the event that weather or other conditions require either the
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MEMO
TO:
FROM:
DATE:
RE:
GLENN KESSEL
DEB GARROSS
11/01/94
PUBLIC HEARING NOTIFICATION
Enclosed is the info you requested relating to Public Hearing Notification and attendance of the
Kings and the Wagon Bridge Marina Conditional Use Hearings.
cc: Frank Boyles, City Manager
File
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Frank Boyles
City Manager
City of Prior Lake
4629 Dakota St. SE
Prior Lake, MN 55372
~
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W l!;.
October 19, 1994
Dear Mr. Boyles:
On August 1st, 1994 my husband and I spoke before the City
Council with regard to the Conditional Use permit requested
by Eagle Creek Properties. We were told at that time by the
City Attorney Glenn Kessel to return when an easement dispute
and quiet title action, then in process, were completed.
Attached is a copy of the judgement regarding our "easement
and right to drive over and across the north part of lot II."
That being completed, we would like to exercise our option to E-
change the Conditional Use Permit, as suggested by Mr.
Kessel.
Our property is located behind lot 11, there is currently
no road or fence that separates the two properties and our
new house will face the lot. The current conditional Use
permit, as approved by the City Council, allows parking and
storage year around on lot 11. We are afraid that the
vagueness of the permit with regard to storage will allow the
marina to store anything on this lot, in plain view of both
our house and County Road 21, for as long a period as they
wish. For example, the Marina recently replaced many of
their docks, and for the last several months the old docks
have laid in the vacant lot 11, creating visual clutter.
This negatively affects the visual appeal and value of our
property and surrounding area.
Section 7.5 of the City of Prior Lake Zoning Ordinance
outlines the criteria for approval of a conditional use
permit. Two of the criteria (attached,#3 and #4) stress the
need for the proposed use to be "sited, oriented and
landscaped to produce a harmonious relationship" and "total
visual impression and environment" that is consistent with
the environment of the neighborhood, adjacent buildings and
properties. In the Marina's proposal there is no
landscaping, screening or delineation of parking spots shown
for lot 11. If lot 11 is to be used for storage and parking,
we would like to see a separation of the our property from
lot 11 through the use of landscaping and fencing, similar to
what is already in place between the Marina and Grainwood
Townhomes properties.
In further support of the above, I refer you to Section 6.1
regarding Screening, also in the City of Prior Lake Zoning
Ordinance. The intention of this ordinance is "to establish
performance standards and minimum requirements for
landscaping, buffering and screening, that will enhance the
visual , environmental, and aesthetic character of property
and site development". The ordinance applies to all proposed
uses as may be permitted or conditional within their
respective zoning districts. Per this ordinance the City
requires "screening of mechanical equipment, exterior
storage, loading docks, trash storage, or visual clutter as
identified by the City in the plan review process". Again,
this too supports our request that the Conditional Use permit
include requirements for proper landscaping and screening of
Lot 11 if it is to be used for storage and parking.
Lot 11 is also identified in the Conditional Use permit for
overflow parking. Currently, there is no designated drive
way shown in the proposal to access this area and the area is
not paved. We would like to see the Marina show how vehicles
will access this area and how parking areas will be
delineated. Section 6.5 of the Zoning Ordinance states "that
any parking lot for more than five vehicles shall be graded
for proper drainage and surfaced so as to provide a concrete
or bituminous surface". As this area is not paved, we would
like to see the limit of five vehicles specified in the
Conditional Use Permit.
Lastly, we would request that our easement, as recently
defined, be shown on the surveys and included in any
descriptions of the Conditional Use permit.
We would appreciate an opportunity to discuss this matter
further with you. You may contact us at 447-3063(home) or
520-8251(work) to arrange a time. We appreciate your
time and look forward to hearing from you soon.
Sincerely, / . /
~ {/;'
Jtt{..'~~ ii'!''' \\
'Tina and Brad King
cc: Norbert Traxler
OCT-0S-1994 10:01 FROM LOMMEN-NELSON. MPLS.
Tr-I
94474245
P.01
LOMMEN
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1800 IDs Cellle:
30 Soulb Eighth s~
M.i1\Q~poli.. Minoe\lOta 55402
LAW FIRM
Souduide Office PIllZA. Suite 2A
1810 Crestvi_ Drive
Hudson. WI S<W16
LolVtf1ll::l'l, Nelsol'l, Colr: & Sl/1.gebery. P.A.
(612) 339-8131
Minnesota W ATS (800) 752-4297
FAX (612) 339-8064
Minneapolis Offi~
(715) 386-8217
Twin City Line (612) 436-8085
FAX (715) 386-8219
(612) 339-8I3l
FAX TRANSMISSION COVER SHEET
TO:
G1.na Mitchell) Gary Staberand 81 air Tremere
COMPANY:
ADDRESS:
TELEPHONE:
FAX NUMBER:
447-4245
---..--.--- .-....-.------..-..- ..-.--,.-___...,..____._.__.~.n___.._.,._______.___.____,__,____~~_
FROM:
Glenn R. Kessel
LOMMEN, NELSON, COLE & STAGEBERG, P.A.
1800 IDS Center
Minneapolis, MN 55402
Telephone Number: (612) 339-8131
Fax Number: (612) 339 - 8064
NUMBER OF SHEETS (INCLUDING THIS COVER SHEET) : 4
SPECIAL INSTRUCTIONS:
Please make two additional cQQies and
distribute to remaining_parties
IF PROBLEMS WITH TRANSMISSION OR IP NOT ALL PAGES
RECEIVED, PLEASE CALL DEBBIE AT 336-4388.
The information contained in the facsimile message is attorney
crivilecred and confidential information intended oolv for the use
;f the Individual or entity named above. If the reader of this
message is not the intended recipient, you are hereby notified
that. any dissemination, distribution or copying of this
communication is strictlv orohibited. If you have received this
communication in error, pl~ase immediately notify us by
telephone, and return the original message to us at the above
address via the U.S. Postal service.
City ofl:lrior Lake
Attn: Mr. Horst Orassor
4629 Dakota St. SE
Prior Lake, MN SS372
June 1, 1994
Dear Mr. OraR8er:
We are writing to express oW" concern and objection to the application by Eaglc Creek
Properties to change the current legal non-confonning statuS of the marina to a conditional
use status and apply for variances.
My name is Kristine King and my hU8band and I OMl. the residence ,adjacent to the marina,
behind the vacant J..ot # 11. Our address is 4070 Wagon Bridgc Circle.
Firstly, we are concerned about the broadness and vagueness of tho proposal. Eagle
Creek Properties proposeg not only nearly doubling the nwnber of sUps (from 56 to a total
of 104) but also proposes a tour boat, a service facility, food, beverage and alcoholsoMcc
as well as a future gas station, amongst other ideas. All thJ1\ with litd~ regard or eonCQm fOf
the lack of space in this already congested area. The City of Prior Lake hafi invested
heavily in the Wagon bridge area, first with the upgrading of the road and bridge and more
recently with the addition of the Heritage Park area. We betievt: the expansion of tho
marina 88 proposed by Eagle Creek Properties would not be in the best intcre!lt of the City
or sWTounding property owners.
To access our property we cross through the marinals lot #- 11, a grasy vacanllol off of
County Road 21 which is packed with boat trailers from the marina. Ordinance roquires
that these; trailers be removed between Memorial Day and Labor Day, but as I writ~ thia
letter, two days after the deadline, 14 trailers sit parked in this lot, in violation of the
ordinance. Having these trailers parked literally in my "front yard" in W1 eyesore, has a
negative effect on liurrounding property values and demeans the &esthetic value of the
City's efforts to improve the Wagon bridge area. For ttds reason we strongly object to the
marinas proposal for on premise year around storago as requested in point number seven of
their proposal.
With regards to the additional slips proposed, Eagle Creek Properties would like us to
beliC\l't; that the eli.mitlation of the public launch and addition of more slips would decrease
traffic in this area. Accordhlg to their application, they cwrontly la~ch 150 boats per
week, an incredible average of at least 22 boats everyday of the 8o~on, l"cS'lfdlcss of the
weather. Even more incredible is that city ordinance limits the number of vehicles with
trailers parked on the premises to five at a time. Assuming that the. majority of these boats
were trailered in, this is 17 more vehicles/trailen every day than the oTdinance allows. Had
the marina been forced to adhere to the five vehicle/trWlcf limit thQ)' would see that, in
actuality, their proposal would not reduce traffic levels in this area.
~
~
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Finally, with regards to the 'variances requested, we feel that Eagle Creek Properties should
conform to those r~gu1ationB set forth in the zoning ordinance. Eafle Creek Properties
purchasod the maritUl with full knowledge of what is and is not permitted in this residential
area. They should thcrc;fore be requited to comply with the requiretntnts as oct forth. rather
than attempting to "change the ruJ.e book" to suit their interests. We ask that the council be
fair and consistent in the denial of these variances.
We apprCGiate your consideration in this matter.
Sincerely)
~~,)tuJ~
Kristine and Brad King
4070 Wagon Bridge Circle
Prior Lake) MN 55372
j
P.l
OCT 05 '94 10:28 JAP'S OLSON
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_6127582599
P.91
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PILID .
, ST~'ri OF MIl1NESOTAOCT 041994 ,
COUNTY OF 'SCO-r'r 8COrr COUNlY.,OOURT$
,IN DtSTRIC? COURT
FIRS~3UDICIAL DIST~tCT
: QUIET ~I1J'LE ACTION
--_W~_W~_W~.~__~~~~___~~~____~~~____.~___._~A____~.__~~__~~~~~~__
I
,
Bradley and Kristine ling,
I
)
)
)
),
)
)
)
,
)
)
)
)
COURT FILE '94-08211
-vs-
Plaintiffa,
,',
PRDERFOR .7UDGME~
ANn D2~B$E '
AND JUDGHtHT
Edna M. South~orth and W<e~ N-
Southworth, wJ.!e and hush~d,
et al,
Def61\dants.
-~-~-~--~~~~~--~-~.~--~--~.~~_.~-~-~-~~~~~~-~-~-~~---~--~~--~~.~-~
'.' .... .,'
, ,
Tha a))ove Qaptioned matter carne on f~r hearing this 27t.h dAy"
of September, 1994, and NQrbert B. Traxler appea&ed on behalf of
the Plaintiffs BradJ.ey and Xii.atLAs ICing pursuant to a Motion noted
and served upon the answering Defendants purstJant to Rule 56. '1'ha.1:
Michael w. McOonald 6ppeared O~ behalf of Defendant Eagle Creek
P;rope~t.i.es, and. 'that based upon Affidavits fil.d and th~ Couzt file
.
~
and. ar~eDta of oounsel, the Court finds 'tha.t thero is no genuine
issue of.A material faot, and. the Plaintiff. Motion for S~ry
Judgment i~ herebygrantec1.
.. I ..
That the Plaintiffs, arAdley and Kristine 1tingl: husband ~6nct
". . -
~ile as joint tenants, are the owners of~he following' dee~ribed
:r~al. estate, eituatedl lying and being ~ the County of Scott,
St~te of Minnesota, pur~uant to a contraot for d..d, suhjeot to a
cOhtract for d.eed V'endor interest in Martha f. Riebell~ an
unmarried peraonr
,91
:<
Yi-
"
=<
t::
,t)l
(1:
,~
'.....::
:%
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"Lot twelve (12); Al1d the north fQrty: (4:0) feet of
LQt !l'hirtee^ (13), Ilock 7, G~AinwoOd, togethe~
witb all the va.c:atod p.ut. of leaoh l>:rive lying
adjacent to Lot 12 and the NQrth forty (40) fe6t of
Lot 13 and lyiftg between the southwesterly
,extena!ons of the north~e.terly and southea~terly
lines of t}le above desaribed property, all in Bloqk
Seven ( 7), Gl:ainwocd, accorQing to the raoorded
plat the~eof on t11Q and of record in the Office qf
the County Reoorder in and tor Soctt cou~ty,
Hinneaota.. ' , :
Also a permAnont easement and right to dri~e OVAr
and across ~he'no~h pa~t of Lot Bleven(11) $na
, tha vaca.ted portion of Seacb Drive thAt reverted to
said tot ~leven (11) and extending to the Right of
Way of, COUhty Road 21, all in Block Seven (7),
Grai.nfrlood, Soott County, Minnesota, acoording to
the plat thereof on file and of rec:crd in the
OffiQe of the ~eg!ster' of Deeds in and for said
county and state. " ,
II.
Subject to tn. proprietary And sove~aign rights of the State
of Hin%u~sota., 'in all that portion of the land lying below t:ha
;
na~ur~l ordinary high watermark thereof; Dot intending, howevor, to
deprive the fea owners ,of the u8ual riparian riihts that attach to
the lond r~pari4h to a navigAble public body of vater iQcident to
the ownership thereof.
LllT JUDGIWlT BIl ~REfI ACCORDIN;,x-lt' J'01l1'llWI!l'Il.
DA'1'E.!): This.. 5 _ clay of 7. , 1994.
. ,
----
as R. 1..&01 ' , , ,
" 4 of D18 tr let Co
cJUDGMENT
I hereby c~rtjfy that' the above Order lor Judgment and Decree shill Con-
stitute the JUdgment of this Court.
bated: October 4. 1994.
~;~~~~:j
Oaputy
-"---------------------------
-
7.5
"-
"
,.'"
~
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CONDITIONAL USES: Conditional uses as specified within each Zoning Distric
be allowed or denied by the City Council after recommendations by the Boa
Adjustment in accordance with the criteria and provisions listed herein:
A. Application: Applications for conditional uses will be filed with the Zoning Officer and
shall be accompanied by:
1. An application fee in an amount equal to that set by the City Council.
2. Fifteen (15) copies of a site plan and supporting data which shows the site size
and location; use of adjacent land; the proposed size, bulk, use and location.of
buildings; the location and proposed junction of yards, open space, parking
area, driveways, storage areas and accessory structures; the location of all
utilities and timing of proposed construction as the Zoning Officer may require.
3. The Zoning Officer at his discretion may require a topographic map to the
site and reduced copies of all material suitable for mailing.
4. The names and addresses of all property owners within five hundred feet (500')
shall be provided by a certification of an abstract company so that the Zoning
Officer. may provide notification of the conditional use permit application. (Ord.
90-07)
B. Review: The Zoning Officer shall forward copies of the application to the City Council,
the Board of Adjustment and, if necessary, to the Consultant Planner for review.
1. The Board of Adjustment shall forward its recommendations within forty-five
(45) .days unless the petitioner agrees in writing to a time extension. Failure to
act within the allotted time shall be deemed to be a favorable
recommendation.
2. The City Council may attach such conditions to the approval of any conditional
use as may be necessary. The approved site plan and all attached conditions
shall be filed by the petitioner with the Zoning Officer within thirty (30) days of
final approval. Any development contrary to the approved plan shall .constitute
a violation of this Ordinance.
C. Criteria for Approval: A conditional use shall be approved if it is found to meet the
following criteria:
1.
2.
t<0
~. ((}~
~Y'~
The proposed use conforms to the district permitted and conditional use
provisions and all general regulations of this Ordinance.
The proposed use shall not involve any element or cause any conditions that
may be dangerous, injurious, or noxious to any other property or persons, and
shall comply with the performance standards listed below.
The proposed use shall be sited, oriented and landscaped to produce a
harmonious relationship of buildings and grounds to adjacent buildings and
properties.
The proposed use shall produce a total visual impression and environment
which is consistent with the environment of the neighborhood.
Section 7, Page 3
OCT-05-1994 10:02 FROM LOMMEN-NELSON. MPLS.
TO
94474245
p.02
LOMMEN
NELSON
1800 IDS Ccmltr
80 South Eighth Sm:et
Minneapolis, Minnesota 55402
LAW FIRM
Lemmen., Nelson. G:;fe & Str;.geberg, P. A.
Otandvicw Professional Building. Suite 210
400 South Se<<llld Street
Hudson, Wis<<Iosin 54016
(612) 339.8131
M.innesota W ATS (SOO) 152-4297
FAX (612) 339-8064
Glenn R. Kessel
AGomey 81 Law
(11 S) 386-8.2 I 1
Twin Ci~ Line (612) 43l>-808S
FAX (715) 386-8.219
Minneapolis Office
Ino:.mct AdOres.s; G1..EMI@D(AlL.LOMMEN.OOM
(612) 336-9338
October 5, 1994
Ms. Gina Mitchell,
Messrs. Gary Staber
and Blair Tremere
City of Prior Lake
4629 Dakota Street S.E.
Prior Lake, MN 55372
By Facsimile - 447-4245
Re: Bradley and Kristine King Access Matter
Norb Traxler, attorney for Bradley and Kristine King, faxed a copy of the Order for
Judgment and Decree and Judgment entered by the Scott County District Coun on October 3.
1994 in favor of the Kings.
As you will see from paragraph 1 of the Order for Judgment and Decree and Judgment, the
Court has found that the Kings have a permanent easement and right to drive over and across
the north part of Lot 11 and the vacated portion of Beach Drive that reverted to s~id Lot 11
and ex.tending to the tight of way Qf County Road 21, all in Block 7. Grainwood, Scott
County. ~esota.
Therefore, based upon L.1.e enclosed Order for Judgment and Decree and Judgment, the Kings
have access to their property and a building permit should accordingly be issued_
GRKJdh
enclosure
Very truly yours,
~~ JON. COLE & STAGEBERG, P.A.
Glenn R. Kessel
DCT-05-1994 10:02 i=RCiM LCiMMEN-NELSCiN, MPLS.
UL.... -ll:J<ot--:1'" I Ltc. ~......__..~...J r~.' '-" J_"'~"''-'-I 11'...........'--1....-,.....
. - .........- ...~~.........,....~., .-1lI.~~~~.~'~.' ''1''~~''.
PIlD
STATE OF HINNESOTAOCT 0 ( 1994
COUNTY OF SCOTT SCOTT COUNTY"COURTS
TCi
94474245
P.03
IN DIS~~lCT COURT
EIRST JUPICIAL DISTRICT
QUIET 1'I''I'LE ACTION
__-_-_~~~__._A____-_______
---~-------~---~-----__.A___.......~---
)
)
)
)
)
)
)
)
)
)
)
)
-----------~---._------------------------~._---------------------
Bradley and Kristine King,
-va-
Plaintiffs,
Edna H. Southworth and Walter N.
Southworth, wife and husband,
et al,
Defendants.
COURT FILE '~4-0827L
QRDBR FOR JUDGMEli:
AllD zmCREE
ANn JUDGMENT
~he above captioned ~tter came on for h~arin9 this 27th day
of September, 1994, and NQrbert B, Traxler appeared on behalf of
the ~laintiffs Bradley and ~riBtine Kinq pursuant to a Motion noted
and served upon the answering- Defenda.nts pursuant to Rule S6. That
Miehael W. MCDonald appeared on behalf of Defendant E~91e Creek
Prop~rties, and that based upon Affidavits filed and the Court file
and ar9~ents of counsel, the Court finds that there is no gsnuina
issue of a. Iirlaterial fact, and the Plaintiffs Motion for SUlmna.ry
Judsrnent is hereby granted.
- I -
That ~he Plaintiffs, aradley and Kristine Xing, husb4nd and
~ife as joint tenants, are the owners of the follo~ing described
re&l estate, situated, lying and being in the County of Scott,
State of Minnesota, pursuant to a contract for deed, 8ubjeet to a
contract for deed vendor interest in Martha T. Riebell,
unmarried persona
an
"
..
OCT-05-1994 10:03 FROM LOMMEN-NELSON, MPLS.
TO
94474245
p.04
Lot Twelve (12)1 and the north forty (40) feet of
l.ot Thirteen (13), aloek 7, GrainlolOod, together
vith all the vacated pa.rt of Beach pr.ive lying
adjacent to Lot 12 and the North forty (40) fBet of
Lot 13 and lying between the southwesterly
extenalona of the northwesterly and southeasterly
linea of the above desoribed property, all in Block
Sev~n ( '), G~ainwood, aceorc1inq to the recorded.
plat thereof on file and of record in the Office of
the County Recorder in and for Seott County,
Hinne.ot&..
Also 4 permanent easement and right to drive over
and across th~'north part of Lot Eleven (11) and
the vacated portion of Beach Drive that reverted to
said Lot Eleven (ll) and extending to the Riqht of
Way of County Road 21, all in Block Seven (7),
Grainwood, Scott County, Minnesota., according to
the plat thereof. on file and of record in the
Office of the Rec;iste.r of Deeds in and for said
county and state.
II.
Subject to the proprietary and sovereign rights of the State
of Minnesota. in all that portion of the land lying below tbe
natural ordinary high watermark thereof; not intending I however I to
deprive tho fe~ owners of the usual riparian rights that attach to
the land riparian to a naviiable public body of ~atar in~ident to
the ownership thereof.
LET JUDGMENT B~ E~~n ACCORDINGLY FORTHWITH.
DATED: This .~ day of r I 1994.
----
mal R. Lacy
dga of District
lIUDG..ENT
r hereby cert;fy th~t the above Order For Judgment and Decree shall ton-
stltute the Judgment of this Court.
Dated: Octobe~ 4. 1994.
~;~~t~..)
Deputy
TOTAL P-,04
1800 IDS Center
80 South Eighth Street
Minneapolis, Minnesota 55402
(612) 339-8131
Minnesota WATS (800) 752-4297
FAX (612) 339-8064
Ms. Deb Garross
Assistant City Planner
City of Prior Lake
4629 Dakota Street S.E.
Prior Lake, MN 55372
LOMMEN
LAW
FIR M
Lommen, Nelson, Cole & Stageberg, P.A.
Glenn R. Kessel
Attorney at Law
Minneapolis Office
(612) 336-9338
August 9, 1994
Re: Conditional Use Permit - Marina
Dear Deb:
Southside Office Plaza, Suite 2A
1810 Crestview Drive
Hudson, WI 54016
(715) 386-8217
Twin City Line (612) 436-8085
FAX (715) 386-8219
Enclosed please find the original Conditional Use Permit for
Eagle Creek Properties.
GRK:~
enclosure
S:\SHDATA\16772G\GRK\LETTERS\#lGARROS.LTR
Very truly yours,
LOMMEN, NELSON, COLE & STAGEBERG, P.A.
~~.~
Gann R. Kessel
,. . ~
, "
CONDITIONAL USE PERMIT
AUgust 9, 1994
THIS CONDITIONAL USE PERMIT (the "Permit") is granted by the
City of Prior Lake, a Minnesota municipal corporation ("City") to
Eagle Creek Properties, Inc., a Minnesota corporation ("Marina").
R E C I TAL S
WHEREAS, Marina is the owner of a public, commercial marina
on the premises hereinafter described ("Premises") pursuant to a
zoning certificate effective on January 5, 1981 as amended by an
Order for Judgment and Judgment dated February 17, 1981
(collectively "Zoning Certificate"); and
WHEREAS, Marinas are allowed as conditional uses in a R-2
Urban Residential Zone as defined in the Prior Lake City Code
Section 5-3-3; and
WHEREAS, Marina has made an application to change its
current legal non-conforming zoning status pursuant to the Zoning
Certificate to a conditional use status as permitted by Prior
Lake City Code Section 5-6-5; and
WHEREAS, Marina has met the criteria for approval as
required by Prior Lake City Code Section 5-6-5 and has been
granted all necessary variances; and
WHEREAS, the City Council has approved the Conditional Use
Permit as contained herein, after recommendation by the City of
Prior Lake Planning Commission, subject to the conditions as
contained in this Conditional Use Permit, following a public
hearing on the Marina's application, on August I, 1994.
NOW, THEREFORE, Marina is hereby granted a Conditional Use
Permit to operate a marina in the R-2 Residential District,
subject to all of the terms, conditions, and criteria contained
in this permit:
1. Definitions.
1.1 "Citv" means the City of Prior Lake.
1.2 "Citv Council" means the City Council of the City
of Prior Lake.
1.3 "Dock" means any wharf, pier, or other structure
or combination of wharfs, piers, or other structures constructed
or maintained in the lake, whether floating or not, including all
"L's", "T's", or posts which may be a part thereof whether
affixed or adjacent to the principal structure.
1.4 "Fall" means September 15 to Ice-In.
1.5 "Food and Beveraqes" means convenience-type foods
and beverages, which, by way of example, include, but are not
limited to pop, candy, "Stewart" sandwiches, and the like.
1.6 "Fuel and Service Dock" means a dock used only for
transient uses of the Marina.
1.7 "Lake" means Prior Lake.
1.8 "Lakeshore Association" means any recognized Prior
Lake Lakeshore Association with legal access to dockage and
lakefront on Prior Lake.
1.9 "Marina" means a commercial establishment adjacent
to a navigable lake providing moorings for boats and offering
other supplies and services accessory to the principal use.
1.10 "Recreational Vehicle" means any boat or vessel,
personal water craft (IIPWC") as defined in Minnesota Statutes
~ 86B.00S, subd. 14a (a copy of which is attached hereto as
Exhibit "A" and incorporated herein), snowmobile, 4-wheeler -
- 2 -
all-terrain vehicle ("ATV"), or similar type personal-sized
recreational vehicle or watercraft for use on or upon the waters
of Prior Lake. No restriction is given to season of the year.
1.11 "Slip" means a structure designed solely to secure
a watercraft for the purpose of protecting it from damage from
wind, storm, or rain; the term does not include boathouses,
decks, roofs or similar structures.
1.12 "Spring" means Ice-Out to Memorial Day.
1.13 "Watercraft" means any boat or vessel for use on
or stored on the public waters of the lake.
2. Statement of Purpose. This Conditional Use Permit is
being issued pursuant to Section 5-6-5 of the Prior Lake City
Code for the sole and exclusive purpose of permitting the
continued operation of a public, commercial marina on the
Premises. The issuance of this Conditional Use Permit has been
based upon findings heretofore made by the City Planning
Commission and the City Council that the continued operation of
the public, commercial marina on the Lake promotes the public
health, safety, and welfare of the citizens of the City. The
City Council and Planning Commission further have found that to
the extent consistent with the terms and conditions of this
Conditional Use Permit, any such public, commercial marina should
be a marina capable of providing services usual and customary to
the operation of such a business, which may include dispensing of
services, repairs, fuels, minor food items, and related lake use
items. The City Planning Commission and the City Council further
find that the Marina serves as a base of operations for the Scott
County Sheriff's Department and assists in rescues as required by
- 3 -
the Sheriff's Department. The City Planning Commission and the
City Council further find that it is the policy of the City that
the sale of goods and services not necessary or incidental to the
operation of a public, commercial marina shall not be permitted
on the Premises.
3. Premises. The legal description of the Premises upon
which the Marina operation may be conducted is as follows:
All that part of Block 7 in Grainwood, Scott
County, described as follows: Beginning at
the Northwest corner of Lot 11 in said Block;
thence Easterly along the Northerly line of
said Lot 11 and the extension thereof to the
Westerly right-of-way line of County Road No.
21; thence Southeasterly along said right-of-
way line to the shore line of Prior Lake;
thence Southerly and Westerly along said
shore line to its intersection with the
Southerly extension of the Westerly line of
Lot 18 in said Block; thence Northerly along
said Westerly line of Lot 18 as extended and
the Westerly line of Lots 15, 14, and 11 to
the point of beginning.
4. Repair Services. The Marina is authorized to conduct
repairs and maintenance of watercraft, recreational vehicles and
related products, incidental to the operation of a commercial
marina, on the Premises.
5. Public Boat Launchinq. General, transient, boat
launching is not allowed. Boat launching is restricted to
service customers, lake shore owners, and members of any
Lakeshore Association.
6. Docks and Slips (Usaqe). The Marina shall be
authorized 94 slips for general, rental usage plus two additional
lift slips and dock supplied by Scott County Sheriff in an area
other than permitted slips. This area is strategically located
- 4 -
to allow for fast access to the lake in an area mutually agreed
upon by the Sheriff and the Marina.
The fuel and service dock shall be authorized per DNR
approved drawings of dock layout. Fuel service will be composed
on on-water distribution (whether the water is in a liquid or
frozen form) of fuels and oils directly into recreational
vehicles and watercraft. All docks and slips will conform to the
detailed drawing as submitted and approved by the DNR and the
City.
Service and tour boat moorings (tie-alongs), are to be
located per detailed drawing as submitted and approved by the DNR
and the City. Moorings and tie-along's are synonYmous.
7. Tour Boat. The Marina is authorized to operate a Coast
Guard approved pontoon boat no larger than 45' x 14' from the
Marina for the purpose of touring Upper and Lower Prior Lakes.
Hours of operation are 8:00 a.m. to 10:00 p.m. The mooring space
for this boat is shown on the DNR approved dock layout drawings.
All tours will be captained and crewed by Marina personnel and
insured by the Marina or the owner of the tour boat, a copy of
this insurance will be available at the Marina to potential
renters, the DNR, and the City. If meals are desired on board,
it will be supplied by persons renting tour boat, or catered by
firms other than the Marina. (NOTE: Deed restrictions prohibit
the Marina premises from being used for public dining, or on-sale
beer or liquor facilities). Additional traffic at the Marina
will be minimal as parking for the tour boat will be handled off-
site as much as possible, with riders picked up at other
locations, or shuttle bus delivery and retrieval. Off season
- 5 -
storage of the tour boat is authorized alongside the retaining
wall parallel to the boundary between the subject property and
the Grainwood West Townhouse Association property.
8. Rental Craft. The Marina is authorized to provide a
watercraft rental service in conjunction with the Marina
operation to include, but not limited to recreational vehicles,
boats, canoes, paddle boats, pontoon boats, sailboats and related
windpowered watercraft, tour boat, all intended for summer usage.
winter usage is unknown at this time, but may include
snowmobiles, 4-wheelers, snow-sail boats, and similar winter
usage personal sized craft. The Marina anticipates no increase
in transient traffic at the Marina due to these rentals, which
are currently in place and allowed under the current permit.
9. Retail Sales. The Marina may engage in the retail
sales of watercraft, personal sized recreational vehicles and
related items, new and used; motors, new and used; marine parts,
equipment and accessories; fishing bait, tackle and accessories;
and other water sports equipment and accessories with no limit to
season.
The Marina may engage in the retail sales of food and
beverages and related services, incidental to the operation of a
commercial marina including:
coffee, pop, candy, doughnuts, chips, snacks
and other similar convenience type items;
hot dogs, bratwurst, pizza, Stewart
sandwiches, and other similar pre-processed
food items.
10. parkinq - Storaqe. All parking upon or blocking of the
designated driveways and access easements located within or about
- 6 -
the premises is prohibited. The designated driveways and access
easements shall be properly posted with "No Parking" and/or other
signs which are consistent with State requirements. On premises
parking will be confined to the areas specifically designated for
public parking.
Parking areas will be delineated with striping where
applicable and designated with concrete curb blocks where other
delineation is not possible. Parking area in front of the
buildings will be striped on blacktop/concrete, with designated
spot(s) for handicap parking and required signage. All parking
areas shall be delineated as described herein by September 1,
1995.
Overflow parking and storage are permitted in the areas
designated and as shown on Exhibits Band C, attached hereto and
incorporated herein. Related items and unloaded trailers will be
stored off-site whenever possible.
11. Pre-Season and Post-Season on Premises Storaqe. During
the Spring and Fall, as defined herein, the Marina shall have the
right to temporarily store customer watercraft and/or trailers on
the Premises when such storage is incidental to the process of
(a) transporting such watercraft and/or trailers between the
winter storage areas and the lake, and (b) launching or removing
such watercraft therefrom. During the aforementioned periods,
the Marina may store such watercraft and/or trailers on any
designated parking area located on the Premises and may perform
service and repairs thereto in place without removing them to
areas specifically reserved for on-premises Marina storage. In
the event that weather or other conditions require either the
- 7 -
continuation of such on-premises storage after Memorial Day in
the Spring, or the commencement of such on-premises storage prior
to September 15th in the Fall, specific authority must be
obtained by application to the City Manager.
On land, storage shall be at grade level only.
12. Overniqht Moorinq or Storaqe on Fuel and Service Dock.
The mooring and storage of watercraft on the side of the fuel and
service dock facing the channel is prohibited any time after the
usual and customary business hours of the Marina. The Marina is
authorized to moor overnight on the side of the fuel and service
dock opposite the channel, such watercraft being in the custody
and control of the Marina for the purpose of maintenance,
service, or rental.
13. Special Events. The Marina may have periodic special
events, promotions, or City-wide celebrations. These periodic
events will not exceed four (4) per year, and not exceed longer
than one (1) day per event from sunrise to 10:00 p.m. These
events, by way of example, can include: handicapped fishing
tournament held in conjunction with the Prior Lake Sportsman's
Club, customer appreciation days, or boat shows.
14. Applicable Law. Unless otherwise modified, waived,
enumerated or excepted herein, the operation of a public,
commercial Marina on the Premises shall comply with all laws,
regulations, ordinances, and deed restrictions applicable
thereto.
15. Persons Bound. The terms and conditions of this
Conditional Use Permit shall run with the Premises and shall be
binding upon and inure to the benefit of the present owner of the
- 8 -
Premises, its successors and assigns; provided, however, that
nothing in this Conditional Use Permit shall otherwise prevent
the City from enacting or amending official controls to change
the status of the conditional uses.
16. Filing. A certified copy of this Permit shall be filed
with the County Recorder or Register of Titles of Scott County by
the Marina.
"
CITY OF
n
.,IL
PRf9>R LAKE
!1 (
/
,
----'--"
EAGLE CREEK PROPERTIES, INC.
BYI~ ~~
S:\SHDATA\16772G\GRK\MARINA.CUP
- 9 -
. ,
STATE OF MINNESOTA)
) SS.
COUNTY OF SCOTT )
The fOreg~~instrument was acknowledged before me this
/ I, day of ~11994, by Frank Boyles and Lee Andren,
respectively the City Manager and City Mayor, of the City of
Prior Lake, a Minnesota municipal corporation, on behalf of said
corporation.
@"~ BERNICE A. JUlKOWSKl
.v NOTARY PU8UC. MINNESOTA
SCOTT COUNTY
My Comm. Exp. 0c:I. 18. 1996
~,J.J~k
otary publ~
STATE OF MINNESOTA)
) SS.
COUNTY OF SCOTT )
The foregoing instrument wa~CknOWledged before me this
Ii ~ay ~ ~994, by ~ 0. ~S,~
the 7~ '.A.J~ of Eagle Creek Prop rt' s,
Inc., a Minnesota corporation, on behalf of said corporation.
BERNICE A. JUU~~/'/Sl<1
NOTARY PUBLIC. M:i'::':::~--:-.\
SCOTT COUrJl'
My Comm. Exp. Oct. 18. 1 ::'::'3
~~~
'Notary Pub .
THIS INSTRUMENT WAS DRAFTED BY:
Lommen, Nelson, Cole & Stageberg, P.A.
1800 IDS Center (GRK)
80 South 8th Street
Minneapolis, MN 55402
(612) 339-8131
- 10 -
HUEMOELLER & BATES
ATTORNEYS AT LAW
16670 FRANkLIN TRAil
POST OFFICE BOX 67
PRIOR LAKE. MINNESOTA 55372
JAMES D. BATES
BRYCE D. HUEMOEllER
Telephone (612) 447.2131
Telecopier (612) 447.5628
August 4, 1994
Deb Garross
Assistant City Planner
City of Prior Lake
4629 Dakota street SE
Prior Lake, MN 55372
Re: Eagle Creek Properties, Inc.
Dear Ms. Garross:
I am writing on behalf of Bryce Huemoeller who has requested
copies of the following:
1. A copy of the Planning Commission's minutes approving the
3 variances for the above mentioned marina;
2. A copy of the application containing the approval;
3. A copy of the fully signed Conditional Use Permit and any
recording information (if this document is recorded); and
4. A copy of the City Council minutes approving the
Conditional Use Permit and the application and any other
documents containing the approval.
If you would like me to contact Bob Paschke and let him know
that he needs to execute the Conditional Use Permit, or have any
questions regarding the above, please give me a call.
HUEMOELLER & BATES
BY~~~
Tammy Ha an, Secretary
/th
-1YI~ 8-10.. CfV
iU fflA1 U:p) I<J' 17 -94
O'NEILL, TRAXLER & ZARD, LTD.
AlTORNEYS AT LAW
LAW BUILDING
222 EAST MAIN STREET
P.O. BOX 105
NEW PRAGUE, MINNESOTA 56071
ROBERT O. O'NEILL
NORBERT B. TRAXLER
STEVEN D. ZARD
CHRISTOPHER A. NEISEN
New Prague: (612) 756-2568
FAX: (612) 756-2599
June 30, 1994
Planning & zoning
City of Prior Lake
4629 Dakota Street SE
Prior Lake, Minnesota 55372
Re: Eagle Creek Properties, Inc.
Marina Permit
Gentlemen:
Please be advised that I represent Brad and Tina King, owners of
Lot 12 and part of Lot 13 along with an easement right across the
north portion of Lot 11.
We are aware that the marina is applying for an expansion for their
facilities contemplating parking on Lot 11. Due to our easement
rights, we would object to any improvement for parking, etc. on the
north one-half of Lot 11. We would ask that this be a
consideration of the City in any building permit proceedings.
Yours very truly,
O'>~rij;~ARD'
LTD.
NBT:ms
PHONE NO.
~~TrnTi>@LJ&
~~DEPARTMENT OF NATURAL RESOURCES
Metro Waters, 1200 Warner Road, st. Paul, MN 55106
772-7910 FilENO.
[g O~[g
1..
~i:
June 6, 1994
Mr. Horst Graser
City of Prior Lake
4629 Dakota street S.E.
Prior Lake, MN 55372-1714
Dear Mr. Graser:
We spoke briefly last week about the DNR's position on the
configuration of a private dock, exempt from permitting, and the
potential conflict it can create with adjoining property owners.
In particular, we discussed a situation whereby an individual has
placed a dock in the lake which extends from his or her property
and, at some point, crosses a perceived extension of a common
property line in the lake of Prior Lake. I recall fielding
numerous phone calls and complaints about dock interference of this
nature in 1989 and 1990 during periods of low water on Prior Lake.
There are two schools of thought that I am familiar with regarding
the assumed extension of property rights into public waters. One
is that property lines, when reaching water, continue along a
straight line, where they eventually criss-cross and become very
obscure and confusing. The second school of thought is that
property lines, regardless of the angle they are at when they reach
a public water, continue perpendicular to the water's edge to an
assumed center point.
Of course, neither of these interpretations are germane to the
issue of ownership of the lake bed. Ownership is dependent upon
navigability and whether or not a waterbasinis meandered. That is
a whole other matter.
The issue is one of riparian rights and duties. Riparian rights
are property rights arising from owning land adjacent to water.
Those rights include the right to wharf out to a navigable depth,
to take water for domestic and agricultural purposes, to fish, to
swim, and to make such other uses as waterbodies are normally put.
Riparian landowners must exercise their rights reasonably so as not
to unreasonably interfere with the riparian rights of others. It
is a public nuisance and a misdemeanor to "interfere with,
obstruct, or render dangerous for passage waters used by the
public" in accordance with Minnesota statutes, Section 609.74.
AN EQUAL OPPORTUNITY EMPLOYER
Mr. Horst Graser
June 6, 1994
Page 2
The long and short of it is this: if the dock in question is not
regulated by the DNR pursuant to Minnesota statutes, Section 103G.,
we will not address the matter. It is then a civil matter which
must be remedied through other means.
I have typically encouraged neighbors to "work it out" so that all
can fully utilize and enjoy the state's valued water resources.
I truly hope this helps to clarify our jurisdiction in the matter.
If you have further questions, I welcome you to call me at 772-
7910.
~J::E'
Patrick J. n
Area Hydrologist
Westwood Professional Services. Inc.
'"
14180 Trunk Hwy. 5
Eden Prairie, MN 55344
612-937-5150
MEMORANDUM
FAX 612-937-5822
TO:
Horst Graser/Gina Mitchell
FROM:
Anne Deuring
DATE:
June 2, 1994
SUBJECT:
Wagon Bridge Marina Planting Requirements
BACKGROUND
We have reviewed the planting plan for Wagon Bridge Marina. Application of the landscape ordinance to
this site was difficult since not all the submission requirements were met. Specific information missing is:
1. Site boundary data
2. Grading plan or topography
3. Site conditions 100' beyond site
4. Seed/sod limits
5 . Calculations of building areas and site area
6. Supportive plans and notes detailing fences and timber walls
7. Trash/storage area
We have assumed that the building addition is less than 4,000 sq. ft., the site perimeter is about 1,000 lineal
feet, the parking lot is all existing, the site is in an R-2 district and is adjacent to residential uses.
ANAL YSIS
Perimeter Tree Calculation: Based on an assumed site perimeter calculation of 1,000 lineal feet, 25 new
and existing trees are required. The proposed plan identifies 8 1/2 existing trees (the apple tree is worth
one half of a required tree) and 2 4/2 proposed trees (the 4 Japanese tree lilacs each count as one half of
required tree) for a total of 12 1/2 trees. 12 1/2 additional trees are required (25% should be evergreen and
10% of a larger size)
Parking Lot Landscaping: The ordinance requires 5% of the parking area in excess of 6,000 sq. ft. to be
landscaped. Assuming the parking area is approximately 27,000 sq. ft., this translates into a requirement
of 1,050 sq. ft; oflandscaped island. The plan meets this area requirement, however, the islands should
include more trees and shrubs as suggested in the ordinance and be noted as "sod".
Westwood Professional Services. Inc. is an equal opportunity employer.
Memo - Horst Graser/Gina Mitchell
June 2, 1994
Page 2
Screening: According to 6.1O.L screening of the parking area is required in residential zones. The seven
deciduous trees west of the parking area at the north end of the site will not adequately screen the parking
lot. Not enough information is provided on the timber wall or the fence to determine adequacy of screening
on the south end of the site. The vines planted along the fence at 25-30 feet on center alone are not
adequate screening. The annual-filled letters and ground cover do not provide any screening.
Trash or other storage areas are not identified on the site plan, so adequacy of screening cannot be
determined.
Plant Sizes: The proposed plant sizes of2" for deciduous trees and 5' for ornamental trees do not meet the
minimum ordinance requirements of 2 1/2" and 1 3/4", respectively.
Entry: The ordinance requires that the landscape treatment address the entry to the site. A "future sign and
landscaping" is noted but nothing is specified.
RECOMMENDA TION
Improve screening of site:
1. Identify and propose screening for trash storage area
2. Add evergreen shrubs/trees to west side of site along both north and south bays of parking
Improve entry treatment:
1. Identify sign details
2. Detail proposed plantings
Improve plantings within parking lot islands
1. Four areas - the pie-shaped piece at the north end of the site, the two ends of the parking bays and the
median-type strip could accommodate additional shrub and tree plantings.
'ay 30,1994
To Prior Lake Plannin~ Co..issionl
ReI Ea~le Creek Properties, Inc. requ~st for chan~e of the current
l:ela:l non-conforJlin~ zonin~ status to "conditional use status".
We are current residents and owners of .0ne of the eeven townhouses
adjacent to the Mari~a. We are very Much concerned about the potential
ne~ative effects to our residential area if this chan~e in le~al stasus
is anproved. These concerns are considerably increased by Ea~le Creek
PlTronerties indication that thie chanl!.:e may allow -the Marina to enco.'Pass
seven l\U!ljor additional activitiee in its operations. Most of the itne
listed, if aUthorized, would increase the Marina's uee si~ificantly.
This would necesearily lead to much More parkin~, .ore stora~., 1I.ore
of various services, all of which would require tlore space in this
very liaited location causin~ over-crowded conditions. In turn, this
would naturally ~enerate more noise, aorepollution and special probl.as
of access, especially durin~ holidays and weekends.
Followin~ are sOlle of our snecific concerns I
1. A service bulldin~ to be constructed adjacent to our property
line.. . (approximately 30 yards fro. our front doors). This would
surely create noise and nollution proble.s.
2. We object to fuel service for land vehicles (automobiles, etc~
3. We are very concerfted, and would object to the issuance of a
beer license toa facility on this nroperty.
4. Of .ajorconcern to >>s is the notential increase of ~raff.ic
on our ri~ht-of-way for accees to our hoae. which we now share
with the Marina. This access has a rather narrow entrance to hi~h-
way #21, and the traffic ~nvolves not only cars, but also trailers
and other vehicles, in addition to the normal traffic to our sevtm
homes. This, even with the present Marina operation causes prebleas..
1"l8JIely, a poorly .aiJTtained entrance with frequeJ\t potholes and wa~er
nuddlee, and, at 1d.ee, so... blockll!l~e of traffic. The proposed add-
itional traffic, parkiJ\~ and trailer stora~e would certainly be
detriMental to our reeidential propertiee.
In SUI"aary, we gelieve that the city of Prior Lake should re ject
any chan~e in the Marina's le~al status that could have a ne~ative
i.nact on the value of thie hi~hly taxed residential property.
It wae purchased, and has been aaintained in ~ood faith that ite
value would be nrotected.
I
-j
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T~k. you. ;,"520U eo. ""ideratiol!l.
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~. llynyn~ CJ.' Hans"llc( I
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4102 Wa~on Brid.:e Jli.rcle
Prior Lake, Mi~~~~
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SCOTT COUNTY
HIGHWAY DEPARTMENT
600 COUNTRY TRAIL EAST
JORDAN, MN 55352-9339
(612) 496-8346 FAX (612) 496-8365
BRADLEY J. LARSON
Highway Engineer
DANIEL M. JOBE
Design Engineer
DON D. PAULSON
Construction Engineer
May 26, 1994
Mr. Horst Graser
Planning Director
City of Prior Lake
4629 Dakota Street SE
Prior Lake, MN 55372
Re: Conditional Use Permit
Wagon Bridge Marina
CSAH 21
Dear Horst:
We have reviewed the above referenced request of Eagle Creek Properties, Inc.
concerning the Marina and note the following:
. All work/improvements to be outside of CSAH 21 right-of-way.
. No signs or other structures to be placed within CSAH 21 right-of-way.
. No work or structure installation that would damage/change conditions within the
CSAH 21 right-of-way. .
Thank you for the opportunity to comment on this proposal. If you have any
questions or would like additional information, please call.
Sincerely,
Bradley J. ~,~
County Highway Engineer
BJ L1kmg
An Equal Opportunity/Affirmative Action Employer
Response to Notice of Hearing for Conditional Use Permit & Variances
To : Prior Lake Plarming Commission
From: Terry & Mary Mullett
4082 Wagon Bridge Circle N.E.
Prior Lake, MN 55372
Applicant: Eagle Creek Properties
Subject Site: 15862 Eagle Creek Ave. N.E. (Wagon Bridge Marina)
We are residents and members of the Grainwood West townhome association adjacent to the
existing marina. We purchased our home approximately 1 year ago although my family has been
on the lake since 1956. We were completely aware of the existence of the marina under the legal
non-conforming status at the time we bought. It is our hope that our property will continue to
increase in value based on the desirability of not only the lake but also of our specific location on
the lake. We enjoy this lake that I grew up on and we pay the taxes associated with that
enjoyment.
We have heard about plans for the beautification of the marina. What I read about in the notice
seems like quite an expansion on the defmition of a marina. In the list of conditions included in the
conditional use application, I count the following business enterprises:
1.) Marina & Gas Dock
2.) Gas Station for land vehicles
3.) Restaurant & 3.2 Tavern
4.) Marine Mechanic's & Service Shop
5.) Marine Dealer
6.) Boat & Equipment Storage Facility
7.) Tour Boat Business
All of these are commercial enterprises, some of which are not allowed in the current non-
conforming permit. I ask why then is the application not for re-zoning as commercial if the intent is
to include this entire group of enterprises on that piece of land? .
Additionally, there will be a certain. amount of traffic associated independently with each of the
commercial activities listed above. Couple this traffic with that of the expanded 94 slips on the
water that the application includes and there is defmitely inadequate parking. The attached plan
shows l04 slips on the water including "service" slips. The DNR approval I read stated 94 total
slips. These additionall 0 make the situation more congested on the water and on the land. This is
especially the case where some space considerations will be necessary for trailers and storage for
inventory for each of the listed businesses.
In summary, I am concerned about the increase in traffic in and out of the area. Our townhomes
share an access road with the marina. Also since there is clearly not enough space for all the
application asks for, I feel that the result will be a confused and congested situation that will
adversely effect our property values.
~-
~
May 31, 1994
CITY OF PRIOR LAKE PLANNING COMMISSION
Mr. Horst Graser
Re: Conditional Use
Requested by Eagle Creek Properties, Inc.
This piece of property has cost the City of Prior Lake more
time, more study and more headache than any we can remember,
and ~'ve lived here for 58 years.
The Zoning Certificate issued by the District Court back in 1980
has worked well, except for numerous violations, and we would
like to see it continued. It was designed, after much study,
to give the marina the maximum amount of activity for it's size
and location. Nothing has changed since that date except the
property has decreased in size with the widening of County Road 21.
The Planning Commission's duty is to protect property values by
permitting only compatible uses in a certain zoning district.
Increasing the number of slips and terminating public launching
may be a good idea, except they will be doing both, and no one
will police it. This will not help compatibility.
Tour boats will not help compatibility. We've been through this
one before. At a July 7, 1988 meeting, the Planning Commission
recommended an amendment to the Zoning Certificate prohibiting
the participation of cruise boats at the marina. It's not a
marina business, and a nuisance to the community.
An enclosed service facility would certainly not be compatible.
Can you imagine a concrete block structure 17 feet high,
10 feet from your property line, and 75 feet from your house?
We pay dearly for beautiful lake views and we don't deserve
this kind of treatment. I think the food and beverage part
of the Zoning Certificate has worked well, and any escalation
of that becomes a violation of the Deed Restrictions.
Page 2
The Planning Commission has sucessfully warded off many
attempts to further expand this marina. I'm sure it will
once again use it's wisdom to free our homes from this
added encroachment and make our neighborhood more compatible.
We think the Conditional Use Permit requested by the marina
should be denied. We think the marina should be compelled
to conform their property to the uses, conditions and
provisions set forth in the Zoning Certificate, as so stated
by the District Court. We think an amendment should be added
prohibiting the marina's participation in any cruise boat
or tour boat operation.
Respectfully,
Roland Thieling & Harriet Thieling
~~Ly
9{~
""J;?
I''"' //
/ ( ( ; Cl--KC:/
,/)/ - ,;'
/~ ~~",r'
June 1, 1994
Prior Lake Planning Commission
4629 Dakota street SE
Prior Lake, Minn 55312
Re: Eagle Creek Properties
Sirs:
Please bear in mind the front door of our residence is only
30 feet from the marina. It would be our wish that the legal
non conforming status be continued as it has been in the past.
If however, the planning commission and the city council does
grant a change to the conditional use permit, we would object
strongly to many of the changes the Wagon Bridge Marina is
requesting. To our way of thinking some of these ch~nges go
far beyond the ordinary functions of a marina. Further any
changes should at this time be brought forth to make it clear
just what can be expected or approved by the city council.
Thank you for your consideration.
w~~or,-
4090 Wagon Bridge Circle
~~~~~
J~~
4698 Wagon Bridge Circle
MRY-02-1994 09:25 FROM LOMMEN-NELSON, MPLS.
TO
94474245
P.0S
HEMOR.AJilDUl!
TO:
Glenn R. Kessel
FROM:
Sberri D. Ulland
RE:
April 25, 1994
Wagon Bridge Marina
DATE:
Glenn, Horst called me last Thursday. He was wondering if you had
asked someone to research the Wagon Bridge Marina issue. I checked
wich Steve Rathke, but he said you hadn't talked to him. Debbie
later found your notes on your desk, so we assumed nothing had been
done. Working with your notes, and the information I had received
from Horst during our phone conversation, I went ahead and
researched the issue.
Horst said that the Wagon Bridge Marina had been operating as a
legal nonconforming use under a Court-ordered zoning certificate
for several years. The Marina now wants to expand from 56 co 94
docks. Horst said the DNR had approved the expansion, but that the
City has not approved the expansion yet. The number of docks is
not the sole issue here; there are parking issues and other matters
that will need to be dealt with by the City if the Marina expands.
Section 6.1 of the zoning Code provides:
A. A non-conforming use may be continued but may
not be extended. ~xpanded or changed unless to
a conforming use, except as permitted by the
Board of Adjustment in accordance with the
provisions of this Ordinance.
It is clear that a non-conforming use may not be changed unless the
Board of Adjustment grants special permission under authority
granted to it under the Code.
Section 7.8 of the Zoning Code sets forth the Board of Adjustment's
authority with respect to non-confonning uses. That provision
allows the Board to authorize changes under only two circumstances:
1. A non- conforming use whiCh occupies a portion of a
structure may be extended within such structure as it existed when
the Ordinance was enacted but not in violation of other zoning
provisions.
:2 . A new non- conforming use may be created in an existing
structure to replace a lawful non- conforming use if che owner
agrees that the proposed use won't entail other structural changes
or additions and the use will comply with all other zoning
MAY-02-1994 09:25 FROM LOMMEN-NELSON, MPLS.
TO
94474245
P.06
provisions.
Neither of the circumstances fit the present situation. Since the
Zoning Code gives the Board of Adjustment no other authority with
respect to non-conforming uses, I do not believe the City has the
authority to approve the expansion unless something in the Court-
ordered zoning certificate would allow the expansion or unless the
City/Marina can argue that this is not a true "expansion" of a non-
conforming use. (Horst said there is nothing in the zoning
certificate which allows expansion of the Marina. Horst said that
the Marina was willing to give up certain "rights" as they now
exist in exchange for additional docks; it appears it would still
be difficult to argue this is not an expansion, however.)
In looking at the case law, I found that most of the cases dealt
with a municipality's right to prohibit the expansion of non-
conforming uses. Non-conforming uses are already "special
situations, II and a municipality has no obligation to allow a change
or expansion of such uses.
I talked with Horst. He said it was his position that the Marina
needed to apply for a conditional use permit _ A marina is a
conditional use in the district where the Wagon Bridge Marina is
located, so he thought that might solve the problem. In fact, Mr.
Dunn had started to go that route a couple of years ago. Because
of financial problems, however, he abandoned his application and
never received a conditional use permit. The problem, according to
Horst, is that the Marina wanted to order additional docks right
away so they could be in place this summer. If the Marina can't
expand the current non-conforming use quickly and easily, it won't
be able to order and install the docks in time for use this season-
Horst said the condicional use permit process takes several weeks,
and he wouldn't/ couldn't promise the Marina it would be successful.
Horst was going to call the individual working on this matter for
the Marina and relate the foregoing information.
S:\SHl>A TA \SOlT\PL
TOTAL P. 06
DNR METRO REGION 6
TEL:612-772-7977
Rpr 15 94
13:12 No.014 P.Ol
PHONE NO-
~~TrnT~@1J&'
~DEPARTMENT OF NATURAL
METRO WATERS, 1200 Warner R~ad, St. Paul, MN
772-7910
RESOURCES
~aLl~~.
Mr. Jim Sentyrz
Eagle Creek Properties, Inc.
15862 Eagle Creek Avenue NE
Prior Lake, Minnesota 55372
Co_
April 15, 1994
Dept.
Phone j
Fnlt
F&l</I
RE: PERMITS 78-6071 AND 99-6279, WAGON BRIDGE MARINA, PRIOR LAKE
#70-72P
Dear Mr. Sentyrz:
I am slowly moving ahead with the transfer of the two subject
permits into the name of Eagle Creek Properties Inc. in accordance
with your request and our subsequent discussion. It is my intent
to combine the two permits (one for dredging and one for dockS and
riprap) all under permit 88-6279, and terminate permit 78-6279.
This will streamline future dealings with the regulated marina
activities.
The number of permitted slips will remain at 94. The proposed dock
layout you subl1)itted is acceptable. The city has provided me
verbal approval of that layout as well. Because I did not receive
a reply from the Scott county Sheriff, I assume they do not object
either.
Because I am consolidating the two permits and adding authorization
for rock riprap, it is taking a bit longer to finalize.
Note that as we discussed, the DNR permit only regulates the marina
activities below elevation 904. Other floodplain and shoreland
zoning issues are to be dealt with at the local level.
I hope this satisfies your immediate needs. Please call me at 772-
7910 if you have further questions.
Sincerely,
\P~~L- (0. ,K0___---
Patrick J. ~~
Area Hydrologist
c: city of Prior Lake
. AN EQUAL OPPORTUNITY EMPLOYER
January 7, 1994
Wagon Bridge Marina
Jim Sentyrz
15862 Eagle Creek Avenue
Prior Lake, MN 55372
Dear Jim,
This letter is in regard to the concept plan for Wagon Bridge Marina discussed at the ORC meeting on
December 23, 1993. It was the consensus of the ORC members that the City would support the upgrade
of the legal non-conforming use status of the marina to a conditional use. In addition, planning staff was
to contact the ONR, evaluate the concept plan and advise you of the process to file a conditional use
permit application.
Planning Staff has conducted a schematic review of the proposal and recommends that you consider
development of the service staging area and/or ship store within the overflow parking area indicated on
the site plan. It is our recommendation that you contact a land use planner to develop a site plan
incorporating your proposal and the Zoning, Floodplain Ordinance and Conditional Use permit
requirements outlined in this letter.
General comments regarding the site are that there is limited building area due to the irregular shape of
the parcel, lakeshore setback and floodplain requirements associated with the property. The proposal to
construct a service staging building as well as townhomes does not appear to be feasible due to the
limited amount of land area meeting setback, floodplain elevation, parking, building coverage,
impervious surface and landscape/screening requirements of the City Code. It would appear that one or
the other, townhomes or a service staging area could be constructed on site in the vicinity of the overflow
parking area indicated on the site plan. Any new construction should occur on the area of the site
indicated as "overflow parking" because that is the area where setbacks and flood plain requirements can
be met. Pat Lynch of the ONR indicated that any new structure must comply with the Floodplain
Ordinance therefore, the lowest floor elevation must be 909 for structures adjacent to Prior Lake. To
build the staging area as proposed would require that it be elevated to 909 and that an approximate 70'
variance from the 75' lake shore setback requirement be approved by the City of Prior Lake.
Perhaps an alternative would be to construct a new building possibly including the residential units
discussed, in the overflow parking area. In that location, the Townhouse Association may not object to a
two story (maximum height 35') building. The opportunity exists to relocate the existing marina building
and add on or to leave the marina building as is and construct a new building as discussed. The design of
new construction should be compatible with the adjacent neighborhood and incorporate similar siding
materials, pitched roof lines and architectural components of residential buildings. For example, the
Subway restaurant required a conditional use permit and because of its location adjacent to a single
family neighborhood, developed an architectural style that is visually pleasing and incorporated extensive
landscaping to screen business uses and parking facilities. It is my opinion that the building design and
landscape treatment will be an important consideration in a conditional use permit application to expand
the marina operation.
4629 Dakota 51. 5.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
Attached to this letter find a copy of the Prior Lake Zoning Ordinance and Floodplain Ordinance. I have
highlighted the sections of each Ordinance that apply to the site. In addition, find a copy of the site plan
indicating the approximate setback requirements. In order for me to specify the specific setbacks and
requirements that apply, the site plan would need be amended to indicate the centerline of Eagle Creek
Avenue, existing elevations, building coverage and impervious surface associated with the current and
proposed conditions.
It is my suggestion that you contact a land planner who can assist you with site development options,
architectural proposals, landscape/screening alternatives and and filing the appropriate conditional use
and variance requests. Our staff would be available to meet with you and your planner to discuss possible
development options, the application and ORC site plan review process. If I can be of further assistance
in this matter, please contact me or Horst Graser at 447-4230.
Sincerely,
{).dd tlf!M-M
Deb Garross
Assistant City Planner
ORC Coordinator
cc ORC Members
Bob Paschke
4070 Grainwood Trail
Prior Lake, MN 55372
MRY-02-1994 09:23 FROM
LOMMEN-NELSON. MPLS.
TO
94474245
F'.02
Lommen, Nelson, Cole & Stageberg, EA.
ATTORNEYS AT LAW
Y. O'll'eN NELSON
PHILl.IP A_ COLE
MAlt" Ii, STA<Of8ERG
ROGER v STAGEBE'.'H;
GLENN IL KESSEL.
THOMAS E. PETERSON
THOMAS R.IACOBSON.t
RICHARD A_ L1NO
THOMAS O.'ENSfN
TIOD E. SULLIVAN.
ROBYN N. MOSC~ET
THOMAS ~. OOuGtllORTY
KAY NORD HUNT.
~IC"'AR 0 L. PtAG ENS
1100 TeF TOWEk
121 SOUTH EIGH'TH STREET. MINNEAPOLIS. MINNESOTA H402
Telephone: (612) 559.8131
M il'lft.~on W A'-$ lIne 1.eOO-752-4297
Tolocopler: ('12) )39.8064
REPLY TO:
Minneapolis Office
December 1, 1988
LYLE l1.. l"ll.EVER.T
THOMAS I. NIVOECt
MICHAfL l>. SHROYER
PAUL C. PETE It SO""'
RA\JL A_ GASTEAZORO, II?.
EHRICH L. KOCH
CARYN f. B~EN..a;~
TOOO J. TH\JN
IUDY l. HALLETT
lAMES R. ANDREEN
SHERIlII>. ULLAND
MARGIE R. 600AS
l(ATHIl.YN H. DAVIS
lAMES C- SEARLS
DAVID '- DOSEOH
WENOY A. WEBER
SOUTHSIDE OF~ICE PLAlA, SUITE lA
1810 CRESTVIEW DRIVE. HUDSON, WISCONSIN 54016
Tolep,",o...: (71$) 386.8217
,...1", City I.ll'le: (612) 436-8085
Tele<opier: (715) 38'-8119
JOHN P. LOMMEN (1917-1988J
. Ad"./rred itt /.11"",;>Qr(; 11"(/ WljL'317SII'l
tHud,.,,, offl"
Mr. David Unmacht
City Manager
City of Prior Lake
P_ O. Box 359
Prior Lake, Minnesota 55372
Re:
Dunn Application Procedure
VIA Facsimile
Dear Mr. Unmacht:
You asked our office whether it was proper for the City of Prior
Lake to consider the Lakeside Marina Properties, Inc.
application regarding its marina as an expansion of a
nonconforming use or whether it should be considered under the
conditional use procedures. To date, the parties have been
proceeding with the application as though it is a request for a
change to a previous lawful nonconforming use. (See our letter
of July 25, 1988, a copy of which is enclosed.)
As stated in the July 25, 1988 letter, in order to proceed with
the application as a change to a previous lawful nonconforming
use, there must be specific findings that the requested changes
are required for the purposes of safety, health and aesthetics.
Since a marina is a conditional use in the Zoning District in
which it is located, proceeding under the conditional use
ordinance provisions would afford the parties much more
flexibility and give the City more controls as the City can
impose conditions for a grant of the permit in accordance with
the provisions of Prior Lake City Code Section 5-6-5. A
violation of any of the conditions imposed would subject the
owner to the penalties provided in the ordinance.
ery trUIZ5yours,
OMEN, NO, COLE
\
Glenn R. Kessel
& STAGEBERG, P.A.
GRK:sjf
Enc.
MAY-02-1994 09:24 FROM
LOMMEN-NELSON. MPLS.
TO
94474245
P.0J
Lommen, Nelson, Cole &: Stageberg, EA.
AnoRNnSAiLAW
REPLY TO:
L.YLE It. FltEYEll.i
T140WAS ,. NIUCIECt
III(:HAl:l PO. SHR.OYER
PAUL C.l'ETEtSON
RAUL A. GASTEAlOIlO. JR..
SCOTT T. ANOU.SON
8AIl.8AIl.A VAN OF"ElUI'
EH II.ICH L. I:OCH
U.R.YN f.aRENNER
TOOl) J. THUN
IUOY L. HALLETT
'....rs R. ANOll-I;["
SHEIlll.ID.ULLAND
IIAIl.GIE R. aODAS
ItAnlsty", 11. DAVIS
JAIII E.S C. SEARLS
OA VIO J. DOSE.DEL
y"",OY A. WEBER
v.OWEI'l NELSON
PHIL1..IP A. COLE
!lOGEl Y.STAGUER.G
MAll" N.STAGEUIl.G
GLEN" k. ItUSH"
THOMAS t. PETUSON
THOMAS t. JAC08S0....,.
RICHARD A. I..IND
THOMAS D. ,iNSlN
TltD E. ~ULLIV A!C"
aODYN N. M05C"1T
THOMASF.OOUGHlllTY
KAY NoaD HUNT'"
,,'CHAkD L. ',"ACENS
1100 TCF TOWER
1oz1 SOU'tH EIGHTH STREET. MIN...EAPOllS.II4II'lNl'.SOTA SS402
Telopllon": (61 Z) 33'01131
Mlnn.soU W"T5 Lln" 1.800.15%.4297
Hle.oplor: (612) U,.1,,1
SOUTHSIDE OFFICE PLAZA, SUITI: 2A
lI10 CltESTVIEW OliVE. HUDSON. WISCONSIN HOH
Telepllono: (715) 316.8211
T..h, City Llno: (612) 436-80.5
Minneapolis Office
. Atlmftnd r" Ml""C$or" Qfld III/JCOIIJJII
f H_ emu
JOHN P. LOJlMEM 11n7-U18)
.1uly 25, 1988
Mr. Horst Graser
City of Prior Lake
P. O. Box 359
Prior Lake, Minnesota 55372
Re: Dunn APplication Procedure
Dear Horst:
The Planning Commission, at its meeting on July 7, 1988, asked
our office to prepare an opinion as to the appropriate procedure
to follow regarding the Lakeside Marina Properties, Inc.
application dated January 12, 1988.
The application dated January 12, 1988 was signed by Lakeside
Marina Properties, Inc.'S attorney, Bryce D. Huemoeller, and
seeks to amend certain provisions of the Zoning Certificate
issued by the City of Prior Lake on January 5, 1981_ All parties
to date have been proceeding with the application as a request
for a change to a previous lawful non-conforming use under the
provisions of the Prior Lake City Code and Zoning Ordinance.
Section 6.1(A) of the Prior Lake Zoning Ordinance, Ordinance No.
83-6, states as follows:
A non-conforming use may be continued but may not be
extended, expanded or changed unless to a conforming use,
except as permitted by the Board of Adjustment in accordance
with the provisions of this Ordinance.
See also, Prior Lake City Code Section 5-5-1(A).
~(Q)[PJ~
MRY-02-1994 09:24 FROM LOMMEN-NELSON, MPLS.
TO
94474245
P.04
Mr. Horst Graser
July 25, 1988
Page 2
Section 7.9 of the Zoning Ordinance (Prior Lake City Code
Section 5-6-9) authorizes the Planning Commission to make
changes in a previous lawful non-conforming use if the owner
agrees ~n writing that the proposed non-conforming use will
entail no structural changes or additions other than those
required for purposes of safet:"Y-"; health and aesthetics.
We ~ould recommend that any changes in the previously issued
Zoning Certificate be made only after there have been findings
by the Planning Commission that those changes are required for
the purposes of safety, health and aesthetics. Specific findings
as to each category for the approved changes should be entered
on the record. In addition, an amended Zoning Certificate should
be drafted and signed by both parties incorporating the
permitted changes.
The original Zoning Certificate was granted pursuant to a
Settlement Agreement and Stipulation of Judgment entered in
Scott County District Court dated January S, 1981. Paragraph
5.01 of the January S, 1981 Zoning Certificate states in part,
"The location and configuration of the docks and slips shall
conform to the Site Plan as approved by the City Council and
attached hereto and by reference made a part of this Zoning
Certificate" .
In addition, Section 6.09 of the current Zoning Certificate
requires specific author~ty of the City Council if there are any
changes in the pre-season and post-season on-premises storage
requirements involving on-premises storage after Memorial Day in
the spring or the commencement of on-premises storage prior to
September lS in the fall.
Because of the specific references to City Council approval
contained in the e~isting Zoning Certificate, we ~ould recommend
that if the Planning Commission grants any changes in those
specific areas, that those changes be Submitted to the City
Council for their review and approval.
Should you have any questions regarding this procedure, please
feel free to contact the undersigned.
Very truly yours,
LOMMEN, NELSON, COLE & STAGEBERG, P.A.
Glenn R. Kessel
GRK:sjf
cc: David Unmacht
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1. The location of watercraft am dock slies are shown. for
illustration ~ses only am are subj~ to applicable
regulations. . /
2. Prop:>sed building additions sut:mi tted on drawings are for
infoxmational curpoSes only; this does not constitute approval.
3. A four-foot high ferx:e is to be biUt iran the westerly
line fran the lake to the towntnJse easanent.
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4. Overflow parking area to be maintained in existing status
mrtil amerxied site plan is aT;QroVed. '
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5. Deck approved for construction subject to bui.ldi.n1 pennit
application.
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srm PLAN:
EKhibit A to Zonin:1 ce.rtificate dated 1/5/81 by City of Prior Lake
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Horst Graser, Zoning Officer
APPBOVED :
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Michael A. McGuire,
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.., SubcJi:rision ~. Applicability.. The. definitions in .this s~ction. apply . ~"'tliis :; Chapter.
';.~Su~ i.'Citi: ,".Citt'.JnEllwoOa)lome: ~~cl.Ww"or Statii~l-y:citY;;':I~~ ;.: "'~~..:':.':: .:.::.
SubeL 3. Commissioner. "Comlnissioner" means .the commissioner of.nataral resources.
SubeL.4. :pealer~ .~.~ealer" means a person: '.:':. .:'.' .... :: .~::: .'..:.~
(1)' engaged in the business of mufacturing or selling neW or used wate.rcrafl:;
(2) having an established place of business for th~ 'sale; ~e, and ~lay of the watercraft;
and . . ... ~~... : ..'..';. '0'0,.:..:. . .. .::_",,:: '.. .:
(3) having in possessiqn:watercraft.fQ:r.. the purpo~e of.sale or.trade....:;.:.:;~.:.r:.' .i,i.....
Subd. 5. Horsepower." "Horsepower". means' the'~ rating establiShed for a motor by
the manufacturer ort.: if. a:rating is not established, the power rating. es~~ed bi the
commissioner. . ,.... ," . .' .... . ..', ..~ ':.-:.:::. :_~ '. .,..,.::'; ..~ . ",:' 1;"'_: '.i: . . . .
SubeL 6. Len~' ;'~e~~' ai. a ~tercraft 'm=~ins '~e: '~ght.liI1e:dis~#~ :~from.tii~
foremost part. of. the craft to the aftermost part of the craft, measured parallel.to the
centerline, excluding sheer.. Bowsprits, oiltboard motor brackets, rudders, and other aitach-
ments.are. not includedin~e length measUrement..' .... :...,... :;". :......
Subd. 7. LiceDse.~;~License"meaiis the authentic document :'used to "designate . the
numbers assigned a waterCraft and to renew the designation. .- . . .. .
Subd. 8. License agent.. "License agent" means the commissioner of natural resources,
the commissioner of public safety, and deputy. registrars of motor vehicles acting under
section. 168.33. . ..... . : . . .
Subd. 9. Motorboat. "Motorboat" means a watercraft: propelled .:in any: manner by
machinery, including watereraft. ~po~y'. equipped wi~ detachabl~ }~lOt:ors,. .'~;'. ,..
Subd. 10. ..Operate..,."Operate!'means to navigate or otherwise ~e a watercraft.. ....
~, Subd. lL ".Operator.,}:"Operator";means the person who operates or controls thenaviga-
tionoruseofawatercraft. . . :;'C';'.. .;.....~..'.:.~.,;... "::
j'. .: Subd. . 12. '.. Owner.:'" ~0wDer" 'means . a.. person haviDg a property ,right~ or' title' to a
watercraft other. than a security interest. . Owner includes.a' person entitled: to' the use or
possession of a''Watereraft,subject to an'interest'in another person, reserved 'or .created by
agreement that secures payment or performance' of an obligation, but.owner does"not include
a lessee under a lease not.inten~ed as security.;-;'::.::fi-~.~ :::::"::r "_<"~ '~;;::.;~3.~!..,'.n 'i';.f ;::: '.
,'.. Subd. 13. . Paddle boat.':. "Paddle boat" means a nonmotorlZed'watereratt 19 feet in length
or less that is propelled solely by a paddle wheel peddled by an operator or. passenger.
.:' ~ubd. 14.... .PerSon~ .... "Person" means an individual,' partnership,. corporation!': the state imd
'its agencies and subdivisions, and any other legal.entity):.~~' :;' ....;,;!"'.:.,..:- ,.....:.;. ..:" l .,
SubeL 14a.' Personal watercraft. "Personal watercraft" means a motorboat: that:' ..-;,' .
.": (1) is pOwered by an' inbOard motor' powering 'a' water jet pump or"by:an outboirdor"
propeller-Orlven motor; and 00 ._....... ..' " . .. ,'. :. . ..' .
(2) is designed to be operated by ~ person' or perSons sitting, standing, or kneeling on the
erafl:, 'rather than in the conventional' manner .of sitting or. stan~g inside.'a motorboat.
Subd. 15. Rent. "Rent'; watercraft means to make a Watercraft' avanable for the use of
others in co~nection with a business. .' .:. ..,.. : . .:'. . -;': ... ..
. Subd. 16. Sailboard. "Sailboard" means a. single passenger, nonmotorized .watercraft
using a surfboard type hull and a free sail system which, without capsizing,' allows' the sail to
lie flat in the water when not being supported by the operator. . .., .. ......
Subd. 16a. Slow-no wake. "Slow-no wake" means op~r:atio~'of Ii waterCraf(':it the
slowest possible speed necessary to maintain steerage, bilt in no ease greater than five miles
per' hour: . .':'" ...... ..:,. .. . .: ' .... . .. .~.: .'. .'. .:.
. . 155
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EXHIBIT "A"
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-
STATE OF MINNESOTA
DISTRICT COURT
COUNTY OF SCOTT
1/
FIRST JUDICIAL DISTRICT
File No. 24521
City of Prior Lake.
Plaintiff.
S E"M'LEMEI~T a.c. REEl-1EIJT
^ND STTPULA7ION OF
JUD\-l-1E~JT
vs.
.lames Dunn. d/b/a Lakeside
~'a rina, and James Dunn.
individually.
Defendants.
\iHEREAS. Plaintiff has commc~ced this action reaue~ting a
~udgment against Defe~dants, <<nd each of the~. enjoininq the
alteration, extension. or enlarge~ent of any use of the Defendant's
property contrary to the zoninq certificate issued by Plaintiff
on May 9, 1980. and the Resolution of the Plaintiff's City Council.
dated ~ay 5, 1980: compelling Defenciants to conform their property
to those uses. conditions and provisions set forth in said zoning
certificate and resolution; an~ qrar.ting such other relief as
the Court deems just and proper on the premises: and
WHEREAS, the parties hereto have now negotiated a settlement
of the matters referred to in Plaintiff's Complaint and desire to
incorporate t"e terms and concitions of the settlement herein.
NOW, THE~EFORE, in consideration or the mutual covenants
hereinafter contained, it is agreed by and between the parties
hereto as follows:
1. The Plaintiff shall fort~with issue to the Defendants a
Zoning Certificate substantially in conformance with the proposed
Zoning Certificate which is attached to this Agreement as Exhibit
"An and by reference made a part hereof.
2. The Defendants shall submit to the Plaintiff not later
than January 1, 1981, the Site Plan referred to in the foregoing
zoning Certificate. The Site Plan shall be prepared and certified
to by a registered land surveyor and shall show in detail, to
include elevations, the following:
a. oesignated drive~ay areas on the Premises:
b. Designated oarking areas on the Premises:
c. Oesianated storaqe a~ea~ o~ the ?remises and their
screeni~q devices;
...::r..lIl .......~.. 'I.
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... ... ~ _ ~ .. .... ..... .. ....... . ....... .... _ ........... ..._.. .... ,. .... ..... ... ....... ... ._...., __..........l~......~~l~'.: ~.~ . . \., t ,... "'..... A"' :~ .... ...... ~...;"'\., .:;. --,-
d.
All landscan..:lq i"'or9vements t( be installer!
~ursuQnt to ~ect~on 0.08 of th~ :oni~~ (erti~lcate;
e.
Location and conCiour~tion of all docks (including
the f~el and service dock) a~d ~lips; and
f.
Locati~n and dimen~ions of the business signs on
the Premises.
~
In the event that the site plan is acceptable to Plaintiff
~s filed, or is made acceptable to Plaintiff on or before January
31, 1981, the judgment of this court shall iss~e and sha~l con~ain
the following terms and conditions:
a. Orderinq that Defendants shall connect the premises
described in t!"le Zoning Certificate ("Premises") to
municipal sewer and water not later than Jur.e 15, 1981.
b. Ordering that Defendants sh~ll i,stall a "dust-free"
surface on all d~iveway and parr...r.q areas on the
Premises on or before June 15, 1981, and sha:l
install blacktop on such driveway and parking areas
on or before June 15, 198~.
c. Ordering that Defendants complete any other l~prove-
ments required to conform with the terms and conditions
of the Zoning Certiflcate and slte plan (to be specified
in writing by r:aintiff or other such regulatory body)
on or before October 15, 1981.
.
d. Ordering that Defendar.ts shall com;)~ete all landscaping
and screening work designated on t:.~ site p~an for the
Premises on or before October 15, 1981.
e. Ordering that Defend'~ts shall remove the blue house-
boat now located on the Premises on or before July
15, 1981.
f. Authorize construction of all improvements to the
Premises necessary or incidental to the compliance
with this SettleMent Agreement and orderin~ that
all necessary permits be forthwith issued by Plaintiff
upon due application therefore and payment of required
fees by Defenda~ts without furtr.er action of Plaintiff,
City Councilor Planning Commission.
g. Ordering that a violation of any of the foregoing,
including without limitation the zoning certificate,
shall result in the entry of judgment in favor of
Plaintiff and against jefendant or such other relief
as the Court deems appropriate.
4. In ~~e event that De!endants fail to obt~in approval of
~~e Site Plan on or before January 31, 1981, this Settle~ent Agree-
ment shall be null and void and the case shall be placccl on the
trial calendar at .the earliest possi~le date.
....J.
~
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.- . '.. .,_ . .0." __.... -.. ....~ - -
----
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement on this ~ day of
January
, lq~l.
CITY OF PRIOR LAKE
BY: I~;:;;~:r.~;:~
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AN~,1%dJ ~I t--r;/
ITS MAYOR
BY:
LAK,SIl'IE MARP!A. INC.
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Attorney for Defendant
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MARINA PROPERTIFS, INC,
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EXHIBIT A
CITY OF ?RI0~ LAKF.
4629 Dakota Street So~~heast
Prior Lake, ~inncsota 55372
ZONP;G CERTIFICATE
Section 1. Definitions. For the purposes of this Zoning
Certificate the terms defined in this Section shall have the
meanings given them.
1.01. "City" means the City of Prior Lake.
1.02. "City Council" means the City Council of the City of
Prior Lake.
1.03. "Dock" means yny wh~rf, pier, or othLr ~tructure or
combination of wharfs, piers, or other ~tructures constructed or
maintained in the lake, whether floating or not, including all
"Ls", "Ts", or posts whic~ may be a cart thereof whether affixed
or adjacent to the principal structure.
1.04. "Food and bev~rages" Means convenience-type foods and
beverages, which, by way of exhmple, include, but are not limited
to pop, candy, "Stewart" sandwiches, and the :ike.
1.05. "Fuel and Service Dock" means a dock used only for
transient uses of the commercial establishment.
1.06. "Lake" means ?rior Lake.
1.07. "Slip" means a structure designed solely to secure a
watercraft for the purpose of protecting it from darr.age from wind,
storm, or rain; the term does not include boathouses, decks, roofs
or similar structures.
1.08. "Watercraft" means any boat or vessel for use On or
stored on the public waters of the lake.
Section 2. Statement of ~urpose. This Zoning Certificate is
being issued pursuant to Section 6.l(B) of the Prior Lake Zoning
Ordinance for the 80le and exclusive purpose of per~itting the
continued operation of a public, commercial marina on the premises
hereinafter described ("Premises"). The issua~ce of this Zoning
Certificate is based upon findings heretofore made by the City
Council that ~~e continued operation of a public, commercial
marina on the lake promotes the public health, safety and general
welfare of the citizens of the City. It is,: therefore, the policy
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~f the City Council that to the extent consi8tent with the terms
and conditions of this Zoning Cert~ficate, any such public,
commercial marina should be a marina capable of providing all
services usual and cU8tomQry to the operation of such a business.
It is further the policy of the City Council that the sale of goocs
and services not necessary or incidental to the operation of a
public, commercial marina providing the services authorized in
the Zoning Certificate are to be prohibited on the Premises.
Section 3. Legal DescriDtion. The legal description of the
Premises upon which the marina operation may be conducted is as
follows:
All that part of Block 7 in Gra inwood , Scott County,
described a8 follows: Becinning at the Northwest
corner of Lot 11 in said alock; thence Easterly along
the Northerly line of said Lot 11 and the extension
thereof to the Westerly right-of-way line of County
Road No. 21; thence Southeaster Iv alonq said riqht-
of-way line to the shore li~e of' Prior Lake; thence
Southerly and Westerly along said shore line to its
intersection with the Southerly extension of the
Westerly line of Lot 18 in said Block; thence
Northerly along said Wes~~rly line of Lot 18 as
extended and the Westerly line of Lots 15, 14 and
11 to the point of beginning.
Section 4. Present Zoning. The present zon~ng of the
I
Premises is R-2, Urban Residential, and the operation of a public,
commercial marina on the Premises constitutes a non-confOrming
use within the R-2 Zoning District.
Section 5. Authorized Uses. The authorized uses for the
Premises are as follows:
5.01. Docks and Slips; Fuel and Service Dock. The marina
shall be authorized fifty-six (56) slips, of which fifty-four (54)
slips may be used and alloted by the marina at its discretion and
two (2) slips shall be designated and reserved for use by the
Scott County Sheriff's Department watercraft. The marina shall be
authorized a fuel and service dock having a maximum length of two
hundred twenty (220) feet. The location and configuration of the
docks and slips shall conform to the Site Plan as approved by the
City Council arid attached hereto and by reference made a part of
this Zoning Certificate.
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5.02. Repair Services. The ~arina sh~ll be authorized to
perform repair services usual and customary to the operation of
a marina, except for extensive structural r~pair or renovation.
5.03. Trash and Garbage Facilities. The marina shall
maintain suitable trash and garbage facilities on the Premises.
5.04. Public Toilet Facilities. The marina shall maintain
suitable public toilet facilities on the Premises.
5.05. Watercraft Launchin') Service:'
The marina may provide
a watercraft launching service on a fee basis with accompanying
on-Premises parking for the customer's vehicle and trailer
upon the following condition~:
(a) Any such on-Premises parking s~lll be confined to the
areas specifically designated on the Premises for
public parking.
(b) In no event shall the number of customer vehicles and
watercraft t~. ~lers parked on the Premises under this
section 5.05 exceed five (5) at ar.y one point in time.
5.06. Watercraft Rental. The marina may provide a watercraft
rental service.
5.07. Retail Sales. The marina may engage in the retail
sales of watercraft, new and used: motors, new and used: marine
parts: ~arine equipment and accessories: fishing bait: fishing
tackle And acc~ssories: and other water sports equipment and
accessories. The marina may also engage in the retail sales of
food and beverages insofar as such sales are incidental to the
x.
operation of a public, commercial marina.
5.08. Sign. All business signs located on the Premises as
of the ~ate of this Zoning Certificate shall be brought into
conformity with the Prior Lake Sign Ordinance within the time
frame specified therein.
Se~tlon 6. Operational Conditions. The conduct of any marina
. .
on the Premises shall be subject to compliance with the f~.~aving
conditions and restrictions:
6.01. Parkihg., All parkin9 upon or blocking of the designated
drivewafs and acc8ss:easements located within or about the Premises
is expressly prohibited.
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6.02. Dust-Free Surface. All driveways anrl parking areas
located within the Premises or usp-d in connection with the operation
of the marina shclll be maintained with a "dust-free" surface. The
application of the "dust-free" surfacing material shall be made in
a way that to the fullest extent possible minimi?es the possibility
for pollution of the lake.
6.03. On-Premises Storaae. All on-Premises storage of 'water-
craft and other equipment use~ in connection with the operation of
the marina and incidental thereto shall be stored within d~siqnated
storage areas on the Premises and shall comply with the approved
Site Plan.
6.04. parkina Spaces. The marina shall maintain a minimum of
thirty-four (34) spaces for use by customers. employees. and
vehicles and trailers referred to in Sect ion c;. no;.
6.05. Safeev Standards. All fuel pumps and fuel storage
tanks must conform to state and local safety rules. regulations
and ordinances.
6.06. Exterior Liahts. All exterior lights on the Premises
shall be focused to prevent projection onto any neighboring
residential property.
6.07. Channel Traffic. At no time shall the marina's docks
and slips or other operations be permitted to interfere in any way
with the watercraft traffic or other public marine activity in
the channel lying to the east of the Premises.
6.08. Landscapina. To buffer adjoining residential properties
from marina operations. the marina shall maintain all landscaping
and scree~ing deJices specified on the Site Plan.
6.09. Pre-Season and post-Season on-Premises Storaae. During
the Spring of each year between "ice-out" and Memorial Day. and
during the Fall of each year between September 1e; and "ice-in". the
marina shall have a limited right to temporarily store customer
watercraft and/or trailers on-Premises when such storage is incidental
to the process of (a) transportinQ such watercraft and/or trailers
between the winter storage areas and the lake. and (b) launchinQ
or removinQ such watercraft therefrom. During the aforementioned
periods. the marina may store such watercraft ~nd/or trailers on
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any designated public parking area located on the Premises and may
perform service and repairs 'thereto in place without removing them
to the areas specifically reserved for on-Premises marina storage.
In the event that weather or other conditions require either the
continuation of such on-Premises storage after Memorial Day in
the Spring. or the ~t of such on-Premises storage prior
to September 15 in the Fall. specific authority must be obtained
by application to the City Council.
6.104 Overnicht Moorinc or Storace on Fuel and Service Dock.
The neoring or storage of watercraft to the side of the fuel and
service dock facing the channel lying to the east of the Premises
at any time after the usual and customary business hours of the
marina is expressly prohibited. The marina is authorized to
moor overnight on the side of the fuel and service dock opposite
of the channel lying to the east of the Premises not to exceed
four (4) inoperable. non-marina owned watercraft in the custcny
and control of the marina for t~e purpose of maintenance and/or
service work.
Section 7. Aoolicable Law. Unless otherwise modified.
waived. enumerated or excepted herein. the operation of a public.
commercial marina on the Premises shall comply with all laws.
regulations and ordinances applicable thereto. including without
limitation the Prior Lake Zoning Ordinance.
Section 8. Persons Bound. ~he terms and conditions of this
Zoning Certificate shall run with the land and shall be binding
upon and inare to the benefit of the present owner of the Premises.
its successors arid assigns: provided, however, that nothing in
this Zoning Certificate shall otherwise limit the City for
regulating or zoning the Premises.
Section 9. Effective nate. This Zoning Certificate is
effective on the ..51.b..- day of Januarv
# 198..L.
AT'1'EST:
BY: ~a.)1t4~
ITS CITY MANAGER
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SUPPLEMENT TO CONTRACT FOR DEED DATED f.{A, 10, /177
. It isunders tood and agreed that the structure nOW 1 oca ted
on Lots 15 and 16, Block 7, Gralnwood, may remain thereon temporarily,
but that that portion of the structure now on Lot 16 shall be removed
th~refrom or demolished, at the expense of parties of the second part,
not later than May 1, 1978.
Parties of the second part agre! to transfer to first party
an easeh:""t for public water and sewer serv1ce, adequate 1n location
and area to sati s fy the requi rements of the appropriate governmental
agency, for the purpose of making said services available to adjoining
land owned by party of the f1rst part, and agree to execute the docu-
ments necessary to create such an easement.
Second parties ~1ree that so long as first party's adjoining
land is used for non-commercial purposes, then the premises described
herein shall not be used for public picnic grounds, nor shall they be
used for public dining or on sale beer or liquor facilities, or for
camping groundS or parkin~ of travel trailers.
Second parties further agree that no improvements shall be
made on said premises without the prior written consent of first party,
unless the cost of such improvements shall be less t~an $1,000.00.
Consent shall not be unreasonably withheld.
Parties of the second part and party of the first part shall
share equally 1n the expense of proceedings to have that part of Beach
Drive adjoining Lot 11, Block 7, vacated, and in the expense of
registering title to the above described premises.
Taxes ~nd special assessments due and payable in the year
1977 shall be shared equally by the parties hereto.
Parties of the second part agree that, in the event municipal
authorities require access to the adj01ning lan~ owned by party of the
first part to be of greater wic4th than the easement reserved over Lot
14 and the existing gravel r~adway. then th1s contract for deed shall
be amended to conform to the requ1rements of such municipal authorities.
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. , In the event partlesof":thesecon'd 'part decide' in the future
to se'l the1r 1nterest undl:r th1s' contract for deed, party of the first
part. sh~l1 be offered the first. opportunity .to purchase same....
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THIELHIG ENTERPRISES, INC.
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