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HomeMy WebLinkAbout8E - Wagon Bridge Marina "CU03CC' STAFF AGENDA REPORT AGENDA #: PREPARED BY: SUBJECT: DATE: INTRODUCTION: DISCUSSION: ISSUES: ALTERNATIVES: RECOMMENDATION: ACTION REQUIRED: REVIEWED BY: 8E DEB GARROSS, ASSISTANT CITY PLANNER CONSIDER CONDITIONAL USE PERMIT MARINA AUGUST 1, 1994 FOR WAGON BRIDGE 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 Grainwood West Townhome 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. 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. Alternative #1. A motion to approve the conditional use permit for Eagle Creek Properties Inc. 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 OPP~I~TUNITY EMPLOYER --4 . TO JUL-~5-1WW' 11:00 FROM LOMMEN-NELSON, MPLS 94474245 P. 0: COND. ITIONAL USE PERMIT July T~IS CONDITIONAL ~ D~RMIT (the "Permit") is ~=ante~ by the City of Prior Lake, a Minnesota municipal corpora=ion ("City") Eagle Creek Properties, Inc., a Minnesota corporation ("Marina"). RECITALS 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 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 me~ =he criteria for approval as required by Prior Lake City Code Section 5-6-5 and has been granted all necessary variances; and WHEREAS, =he 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 , 1994. NOW, THEREFORE, Marina is hereby granted a Conditional Use Permit to operate a marina in the R-2 Residential District, JUL-29-19~ 11:01 F~OM LOMMEN-NELSGN, MPLS. TO 94~74245 P, 04 1.2 of Prior Lake. 1.3 subject to all of the terms, conditions, and criteria contained in ~his permit: 1. D~zfinitions. 1.1 "CiD¥" means the City of Prior Lake. "City CQunci~,, means the City Council of ~he City "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 "Fal___~l" 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 "~uel and ~e~vice Dogk,, means a dock used only for transient uses of the Marina. 1.7 "Lake" means Prior Lake. 1.8 "Lakeshore Associati_o~- means any recognized Prior Lake Lakeshore Association with legal access to dockage and lakefront on Prior Lake. 1.9 "~arina" 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 "Reg~eationa! V~hiclt,, means any boat or vessel, personal water craf~ ("PWC") as defined in Minnesota Statutes ~ 86B.005, subd. 14a (a copy of which is attached hereto as Exhibit "A" and incorporated herein), snowmobile, 4-wheeler - - 2 - JUL-29-199~ 11:01 ~RGM LOMMEN-NELSON, MPLS. TO 9~47~2~5 P.OS ail-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. !.11 "Slim" 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 "~9_~" means Ice-Out to Memorial Day. 1.13 "watercra.~" means any boat or vessel for use on or stored on the public waters of the lake. 2. Statement of P~rpose. 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 5he 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 exsenu 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 ~he Scott County Sheriff's Department and assists in rescues as required by -- 3 JUL-~9-1994 11:02 gRGM LOMMEN-NELSON, MPLS. TO 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. ~~_e.~. The legal description of the Premises upon which the Marina operation may be conducted is as follows: Ail ~ha~ 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; ~henca 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 Servic_e~. 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 ~oat LaunghiDq. General, transient, boat launching is not allowed. Boat launching is restricted to service customers, lake shore owners, and members of any Lakeshore Association. 6. Dock~ a~d Slips (Usage). 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 permi%ted slips. This area is strategically located - 4 - JUL-29-1994 11:02 FROM LOMMEN-NELSON, MPLS. TO 9~474~45 P.07 Uo allow for fast access to ~he 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. Ail docks and slips will conform to the de~ailed drawing as submitted and approved by the DNR and the City. Se~¢ice and tour boat moorings (tie-alongs), are to be located per detailed drawing as submitted and approved by the DN-R and the City. Moorings and tie-on's are synonymous. 7. TQ~r..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 at 8:00 a.m. to I0:00 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 personnel approved by the Marina and insured by the owners of the tour boat, a copy of this insurance will be available at the Marina to pctential 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 - JUL-29-1994 11:03 FROM LGMMEN-NELSON, MPLS. TO 94~?~45 P.08 storape alongside the retaining wall between the service facility and the access road to the Grainwood West Townhouse Association property is authorized. 8. R~n=al Cr~%. 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 S.ales. 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 opera=ion 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 foot items. 10. Rarkinq - Storaq~. Ail parking upon or blocking of the designated driveways and access easements located within or about - 6 - JUL-29-1994 11:03 FROM LOMMEN-NELSON, MPLS. TO 944?4245 P.D'~ 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 1995. Overflow parking and storage are permitted in the areas designated and as shown on Exhibits B and C, attached kereto and incorporated herein. Related items and unloaded trailers will be stored off-site whenever possible. i1. Pre-$e~%on and RoS. t-Season_on Premi$~s..Stora~e. 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 winter storage areas and the lake, and (b) launching or removin9 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 JUL-£S'-lg94 11:84 FROM LOMMEN-NELSON, MPLS. TO 944?4245 P.10 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. Overn~cht Mooring o~ Storage on Fuel and Servic~ DQ¢~. The mooring and storage of watercraft on the side of the fuel and se~zice dock facin~ the channel is prohibized any time a~ter the usual and customary business hours of the Marina. The Marina is authorized to moor ©vernigh~ on the side of the fuel and service dock opposite the channel, such watercraft being in ~he custody and control of the Marina for the purpose of maintenance, service, or rental. 13. Soeci~l Events. The Marina may have periodic special events, promotions, or City-wide celebrations. These periodic evenss 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 wiZh the Prior Lake Sportsman's Club, customer appreciation days, or boa~ shows. 14. 6mDLicable 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. Person~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 11:04 LOMMEN-NELSON, MPLS. TO P. I1 STATE OF MINNESOTA) ) SS. COUNTY OF SCOTT The foregoing instrument was acknowledged before me this day of July, 1994, 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. Notary Public STATE OF MINNESOTA) ) SS. COUNTY OF SCOTT ) The foregoing instrument was acknowledged before me this day of July, 1994, by the of Eagle Creek Properties, Inc., a Minnesota corporation, on behalf of said corporation. Notary Public THIS INSTRUMENT WAS DRAFTED BY: Lcmmen, Nelson, Cole & Stageberg, P.A. 1800 IDS Center (GRK) 80 South 8th Street Minneapolis, MI~ 55402 (612) 339-8131 - 10 - JUL-29-1994 11:05 FROM LOMMEN-NELSON, MPLS. TO 94474~45 P.12 $u~ 5. Ho~w~. "H~~ me~s' ~e'~ ~g ~ed for a moor by men~ ~. not ~duded ~on 1~ · ~on of a'~~ 'subj~ ~ an in.rest M ~o~ p~on, ~ed 'or ~ea~d by ~m~t ~at se~ pa~ent ~ ~~ce' of ~ oberon, but ~er d~s'not M~ude .... Sub~ 13. ' Padre ~a~© ~xd~e ~a~ m~ a no~o~d '~r~ 19 feet ~ le~ or I~ ~t ~ p~ed ~l~y by a pad~e whe~ ped~ed by ~ op~a~ or p~. ~ ~ ~ M ~e conven~on~ m~ner of ~ng ~, s~ ~de 'a mo~rboaL Sub~ 15. ~nL 'Ren~i ~~ me~ ~ m~e a m~ av~le for ~e ~e of ~e fiat M ~e ~ when n~ being suppo~d by ~e opener. Sub& 16~ Slow-no w~e. slowest pos~le speed necess~ ~ m~n~n s~e~ge, b~t i.n no ~e ~ ~ five ~es EXHIBIT "A" "CU03PR" PLANNING REPORT AGENDA ITEM: SUBJECT: PRESENTER: PUBLIC HEARING DATE: 3 EAGLE CREEK PROPERTIES CONDITIONAL PERMIT AND VARIANCES HORST W. GRASER, DIRECTOR OF PLANNING __YES X NO JUNE 2, 1994 USE 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 Properties 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 perrnit 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 ch'awing). 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 conform with other Marina facilities ah'eady in existence. 4629 Dakota St. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNrTY EMPLO3'T:R 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. A 25 foot lakeshore 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. 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: 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. ¥ i Is the land use intensity of the proposal realistic and appropriate relative to its location, area, and access? 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? o 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: The permitted number of slips, according to the zoning certificate is 56 of which, 2 are reserved for the Sherriff's 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. o 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. 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. 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. 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 parasailing 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: 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. APPLIOkTION FOR (D~ITIONAL USE PE~4IT P~ Applicant: Eagle Cree~ Properties, Inc. Address: 15~62 v-am_!e CreeU Ave. N.E. Property Owner: .Fable Cree~ Properties, Inc. Consultant: n on e B~ue Phone: ~7-1877 Work Phone: B~ue Phone: ~7-1~77 Work Phone: ~v-~]O0 Phone: Proposed Conditional Use Address: 15862 ~le Cree'- Ave. N.E. Legal Description: eec .trachea "~ikh~b~t A" Existing Use of Property: Property Acreage: agprox. 1 acre Present Zoning: R2 Non-Conforming Conditional_Use Be.ing Rec~uested: Conditional Use Warina in accordance with Orddnace $~O-0~ (5.3-a~ Deed Bestrictions: No __.Yes If so, please attach. None. to the best of our knowledEe Bas the Applicant previously sought to plat, rezone, obtain a variance or conditional penuit on the subject site or any part of it: ~ ~b Yes Bequest: use $~MISSION RM~UIRMMENTS: ~A)Completed application form. (B) complete legal description and parcel identification nun~er (PID). (C)Filing fee. (D)Deed restrictions, if necessary. (E)Fifteen copies of site plan dr~wn to scale showing existing/proposed structures. (F)Additional information as requested by the Planning Director including .but not limited to: existing grades and buildings within I00 feet, drainage plan with finished grade and relationship to existing water bodies, if any, proposed 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 fz~ abstract fire the nan--~s and address of property owners within 500 feet of the existing property lines of the subject property. (H)Application and supportive data are due 20 days prior to any scheduled hearing. ONLY COMPLETE APPLICATIONS ~tALL BE REVID;~D BY THE PLANNING CCMMISSION. To the best of my knowledge the information presented on this form 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 THIS S~CTION TO BE F~.~.~n OUT BY THE PLANNING DIRECTOR EXHIBIT A E-AGUE _C.~~ P_RO~_FRTIES~ Il. 14 ~g Il to the point o~ ~an;. CONDITIONAL USE BEING REQUESTED: This application is for a Conditional Use Marina to encompass the following services: Rental slips to include quantity of 94 permitted by the DNR in their letter recently submitted to the City of Prior Lake. Rental watercraft for the operation of the Marina to include personalized wa%ercraft, fishing boats, runabouts, ski boats, parasailing boats, sailboards, paddle boats, canoes, pontoons, and tour boat. Service of watercraft engines and drive units in enclosed proposed (future) service facility. (see drawing) 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 to be permitted for customer use. Fuel service on lake and land (future) to include boats, snowmobiles, watercraft, and automobiles (future). o 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. On premise storage of watercraft and other eq~pment 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 slip customers. This will 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. EAGLE CREEK PROPERTIES. INC.  i3862 EAGLE Cl~EEX AVENUE N.E. PI~IOE LAK£, MINN£5OTA ~5072 612-447-4300 May 3, 1994 Mr. Horst Grasser City of Prior Lake 4629 Dakota Street S.E. Prior Lake, FE~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 byEagle Creek Properties, Inc. This application already has been reviewed by the DNR, Mr. Pac 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 CityCouncii in i989 byMr. 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 wi ch 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, James W. Sentyrz, Vice President Diane E. Sentyrz, Treasurer EAGLE CREEK PROPERTIES, INC. PRIOR LAKE, ~IINNE$OTA 55072 0i2-447-4300 '~UO,3PN' 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. A 25 foot lakeshore setback variance for the parking lot. The requirement is 50 feet from the Ordinary High Water mark. o 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) 4474230 / Fax (612) 4474245 AN EQUAL OPPORTUNITY EMPLOYF-R DNR ~ETRO REGION 6 PHONE NO. TEL:612-772-?g?? ~pr 15 94 13:08 No.013 P.01 DSTATE O1: EPARTMENT OF NATURAL RESOURCES METRO WATERS, 1200 Warner Road St. Paul, MN 5~t}~' 772-7910 ' April 15, 1994 Mr. Jim Sentyrz Eagle Creek Properties, Inc. 15862 Eagle Creek Avenue NE Prior Lake, Minnesota 55372 RE: PERMITS 78-6071 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 terminate permit 78-6279. This will streamline future dealings with the regulated marina activities. The n%kmber 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 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, Area ~ydrologist c: City of Prior Lake _VA'-027:'.-0i ~-~ PROTECTED WATERS IP.A. ,..bar 't IpNN~SO~A !' 88--6279 ~ D~v~s~ of ~ at~ PursuanC ~o ~[nneso~a 5~aCuCes, Chapter [05, and on ~he basis oF s~a~emen~s and [nFocma;[on conch[ne= [n ?e ger~[t moo[[caSlon, teeters, macs and plans suDm[tted by the aooi[cant and others suooort[n~ ~ata, all -: .ri:- are made a Dart hereof ~y reference, PERMISSION IS HEREBY GRANT[O to the a~i[cant named below to chan~e the course, current, or cross section oF the Following: Protected Water Upper Prior Lake (70-72) Name oF Applicant Lakeside Marina c/o: Jame~ Dunn County Scott Telephone Number (include Area Code) (612) a47-4300 Address (No. ~ Street, RFD, Box No., City, State, Zip Code) '20 Ca~e Haze, Caoe Haze~ Florida 33946 Authorized to: expand existing marina facility co 94 slips as shown on Valley Engineering plan revised April 5, 1989 excep~ 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 (rencal or cransienc use only); Pier E - 11 slips. Purpose oF Permit: Commercial marina Expiration Date oF Permit Ma~ 31, 1990 Property Oescribed as: Block 7, Grainwood SW} SW} Section 35, TowmshiD 115 North, Rmn~e 22 West Does Not Apply Does Not Apply This permit is granted subject to the ~olloming GENERAL and SPECIAL PROVISIONS: GENERAL PROVISIONS 1. This permit is permissive only and shall not release the permitter From any liability or o=![? .:-n by H[nneso=a Statutes, Federal Law or local ordinances relating thereto and shall remain in Force s,,~lec:... al' conditions and limitations now or hereafter imoosed by law. Th..s oerm[t is not assignable except with the written consent oF the Commissioner oF Natural ~esour:es. 3. Tho Regional Hydrologist shall be notified at least Five days in advance'oF the commencement o~ tnt work hereunder and snail be notified oF its completion within Five days thereafter. The nctice :F :e'~it ~y the Commissioner sha!l be ke~t securely costed in a conspicuous place at =ne site oF corrosions, No change shall be made, without writ=er permission previously Detained From the Commissioner oF Na=ura[ ;escur:ei. in the dimensions, ca;acid? or location oF any items oF work authorized hereunder. The permitter shall grant access to the site at al! .easonable times during and after construction t: authorize: reoresen=atives oF the Commissioner of Natural Resources For insoection oF the work autnor!ze~ hereunCer. 6. This Permit may be terminated by the Commissioner oF Natural Resources at any time he deems it necessary the conservation oF water resources oF the state, or in the interest oF oublic health and welfare, or F:, o~ any oF the provisions oF this permit, unless otherwise provided in the Sorcim! ~rovisions. 7. Construction work authorized under this oersit shall be comoleted on or before :ate mortified above, t:cn request to the Commissioner by the Permitter, stating the reason thereFcre, an extension oF time may De 8. The excavation oF soil authorized herein shall not be construed to include the remcval ~6 :rca~[: e.:t.- indicated above) unless t~e area {rom which such organic matter is removed, is imCerv[c;s, :r is sadie: :, the apolication oF bentonite after excavation. g. tn ali cases where the doing by the oermittee oF anything authorized by this ~ermit shall involve :ne using, or damaging oF any property rights or interests oF any other ~erson or ~ersons. or oF any :u:[[c[v lands or improvements thereon or interests therein, the oermittee, before proceeding there~[:n, s-ail eye written consent oF all persons, agencies, or authoritie.._s concerned, and snail ac=uire mi! =rccer:y, and interests necessarT therefore. T-W~s O~r'[t is Dertissive only. No liability shall be imposed upon or incurred ny ~he State of Ninr~esota or a.~y of its officers, agents or employees, officially or personally, on account of the ~rmnt[ng hereof or on accou'~t o.: any daeage to any person or orooerty resulting From any act or omission of the perm~ttee or any of its agents, emo~oyees, ~r contractors relating to any matter hereunder. Th~s pertit s~a!! not be construed as est~o~ng or lim;.tin~ any lega! claims or r~ght o~ action of any person ot~er tnan the state against ~ne oer~.;.'.;-.e, ~s age,.ts, emo~oyees, or contractors, For any damage or ~n~ury resulting From any such act or omission, or as ,.st~o=in~ or !~it~n~ any le.oa! claim or r~ght of action of the state against the pert~ttee, ~ts agents, e~ovees, or contractors For v~olation of or Failure to co~piy with the permit or applicable provlsions of · No materia~ excavated by authority of this oerm~t nor materia! From any other source, except as specified herein, sna~l be placed on any portion of the bed of said waters which l~es below (as ~nd~cated above). Any extension of the surface of said waters resulting From work author[zed by this permit shall become protected waters and ~eFt open and unoPstructed ~or use by the pub!it. This oer~t does not obviate any requirement ~or Federa! assent From the U.S. Corps of Engineers, i!~S U.S. Post OFFice and Custom House, St. Paul, Hinnesota ~lO1. SPECIAL PROVISIONS The permi=tee shall comply with all rules, regulations, requiremen:s, or standards of the Minnesota Pollution Control Agency and other applicable federal, state, or local agencies. 5. 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. 5.' Pier D is authorized as a mooring dock for transient boaters, daily rental boats, and for dispensing fuel. No seasonally rented boats or other long term mooring is allowed on Pier D. No additional parallel docks or temporary docks are allowed at this facility. The use of the boat launching ramp shall be approved by the Prior Lake City Council. USCOE Scott SWCD Prior Lake/Spring Lake WSD City of Prior Lake Scott Co. Sheriff J. Parker, AWM B. Gilbertson, AFM S. Carlson, C.0. J. Fax, St. Paul Waters Upper Prior Lake (70-72) file Kent Lo~~ Title -- Assistant Direct'or STATE OF MINNESOTA COUNTY OF SCOTT DISTRICT COURT FIRST JUDICIAL DISTRICT File No. 24521 City of Prior Lake, Plaintiff, vs. ,]ames Ounn, d/b/a Lakeside Marina, and James Dunn, individually, De fendants. SETTLEME:~T ~G Rr--F~I E,'4T AND STTPULATION OF J U DC-ME .'~T %~HEREA$, Plaintiff has commenced this action reaue~tin~ a judgment against Defendants, and each of them, enjoinin~ the alteration, extension, or enlargement of any use of the Defendant's property contrary to the zoning certificate issued by Plaintiff on May 9, 1980, and the Resolution of the Plaintiff's City Council, dated May 5, 1980; compelling Defendants to conform their property to those uses, conditions and provisions set forth in said zoning certificate and resolution; an~ grantin~ 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 the terms and conditions of the settlement herein. NOW, THEBEFOR~, in consideration oF the mutual covenants hereinafter contained, it is agreed by and between the parties hereto as follows: 1. The Plaintiff shall forthwith issue to the Defendants a Zoning Certificate substantially in conformance with the proposed Zoning Certificate which is attached to this Agreement as Exhibit "A" 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. Designated driveway areas on the Premises; b. Designated Darking areas on the Premises; c. Designated storage areas ot the'Premises and their screeninc devices; d. All landscas~g i~orpvemen~s t~. be installed pursuant to $~ct&o~ ~.08 o~ th~ Sonic? Certificate: e.Location and ¢on~iour~tion of all docks (including the fuel and service dock) and ~lips; ~nd f. Location and dimensions of ~he business signs on the Premises. 3. ~n the event that the s~te plan is acceptable to Plaintiff os filed, or is made acceptable to Plaintiff on or before January 31, 1981, the judgment of this court shall issue and shall contain the following terms and conditions: a. Ordering that Defendants shall connect the Premises described in the Zoning Certificate ("PremiSes") to municipal sewer and water not later than June 15, 19~1. b. Ordering that Defendants shall install a "dust-free" surface on all driveway and Darken= areas on the Premises on or before June 1~, 1981, and shall install blacktop on such driveway and parking areas on or before June 15, 1982. c. Ordering that Defendants complete any other lmprove- ments required to conform with the terms and conditions of the Zoning Certiflcate and $1te plan (to be specified in writing by Plaintiff or other such regulatory body) on or before October 15, 1981. d. Ordering that Defendants shall com:~iete all landscaping and screening work designated on ~%u site plan for the Premises on or before October 15, 1981. e. Ordering t-hat Defendnnts shall remove the blue house- boat now located on the Premises on or before July f. Authorize oonstruction 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 req. uired fees by Defendants without further action of Plaintiff, City Council or Planning Commission. g. Ordering that a violation of any of the foregoing, including without limitation the zoning certificate, shall result in the entry of jud?ment in favor of Plaintiff and against Defendan% or such other relief as the Court deems appropriate. 4. In ~he event that Defendants fail to obtain approval of ~he Site Plan on or before January 31, 1981, this Settlement Agree- merit shall he null and void and the case shall be placed on the trial calendar at .the earliest possible date. Agreement on this ~th day of January ITS MAYOR AtZ~orne~ for, BY: LAKESIDE MARINA PROPERTIFS, INC. ITS SI · 'j}': [,~ 'V'.; Attorney for Defendant w-XH IB IT A CITY OF PRIOR LAKK 4629 Dakota Street Sou*beast Prior Lake, Minnesota 55372 1.01. 1.02. Prior Lake. 1.03. ZONI':G CERT[FICAT£ Section 1. Definitions. For the purposes of this Zoning Certificate the terms defined in this Section shall have the meanings given them. ~Cit~" means the City of Prior Lake. "Cit~ Council' means the City Council of the City of "Dock" means .]ny wharf, pier, or other structure or co~ination of wharfs, piers, or other structures constructed or maintained in the lake, whether floating or not, including all "Ls", "Ts", or posts which may be a oart thereof whether affixed or adjacent to t. he principal structure. 1.04. "Food and beverages" means convenience-type foods and beverages, which, by way of exhmpie, include, but are not limited to pop, candy, "Stewart" sandwiches, and the like. 1.05. "Fuel and Service 0ock" means a dock used only for transient uses of t. he commercial establishment. 1.06. "Lake" means Prior Lake. 1.07. "Slip" means a structure designed solely to secure a watercraft for t. he purpose of protecting it from damage from wind, storm, or rain; t. he 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 ~ur?o~e. This Zoning Certificate is being issued pursuant to Section 6.1(B) of the Prior Lake Zoning Ordinance for the sole and exclusive purpose of permitting ~he continued operation of a public, commercial marina on the premises hereinafter described ("Premises"). The issuance of this Zoning Certificate is based upon findings heretofore made by the City Council that ~ne 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,:~herefore, the policy of the City Council that to the extent ¢0n$i~tent vith the ter~s and conditions of thim Zoning Certificate, any such public, commercial marina should be a marina capable of providing all services usual and customary to the operation of such a business. It is further the policy of the ¢~ty Council that the sale of goods and services not necessary or incidental to the operation of a public, commercial marina providing the services authorized in the ~on£ng Certificate are to be proh£bited on the Premises. Section 3. Legal Description. The legal description of the Premises upon which the marina operation may be conducted is as follows: Ail that part of Block ? in Grainwood, Scott County, described as follows: Becinning 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 alono said riqht- of-way line to the shore ii~e of Prior ~ake~ thence Southerly and Westerly along said shore line to its intersection with the Southerly extenslon of the Westerly line of Lot 18 in said Block~ thence Northerly along said ~es~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 zoning of the 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 Zoninq District. Section 5. Authorized Uses. The authorized uses for the Prentises are as follows: 5.01. Docks and $1i~s~ 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 s~all conform to the Site Plan as approved by the City Council a~d attached hereto and by reference made a part of this Zoning Certificate. 5.02. Repair Services. The ~arina shall be ~uthorized to perform repair services usual and customary to the operation of a marina, except for extensive structural r~air or renovation. 5.03. Trash and Garbage Facil%ties. 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. $.05. Watercraft Launchin~ Service:- The marina may provide a watercraft launching service on a ~ee basis with accompanying on-Premises parking for the customer's vehicle and trailer upon the following conditions: (a) Any such on-Premises parking sW311 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 tz .lets parked on the Premises under ~_his section 5.05 exceed five (5) at any 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 ~nd ' ' accessorLes; and o~her 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 ~he operation of a public, commercial marina. 5.08. Si~n. All business signs located on the Premises as of ~_he ~a=e of ~his Zoning Certificate shall be brought into conformity wi~/% ~he Prior Lake Sign Ordifl~nce within ~he time frame s~ecified therein. SeCtion 6. Operational Conditions. The conduct of any marina on ~h~ ~remises shall be subject to compliance with the f~.'.owing conditions and restrictions= 6.01. Parking. All parking upon or blocking of the designated driveways and access! easements located within or about the Premises is expressly prohibited. 6.02. .Dust-Fr~e Surface. Ail driveways an~ Darting areas located within the Premises ~r used in connection with the operation of the marina sh~ll be maintained with a "dus~-free" surface. T~e application of the "dust-free" surfacing material shall be made in a way that to the fullest extent possible minimizes the possibility for pollution of the lake. 6.03. On-Premises Storaqe. Ail 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 desiqnated storage areas on the Premises and shall comply with the approved Site Plan. 6.04. Parkinq Spaces. The marina shall maintain a minimum of thirty-four (34) spaces for use by customers, employees, and vehicles and trailers referred to in Section ~.0~. 6.05. Safety Standards. Ail fuel pumps and fuel storage tanks must conform to state and local safety rules, regulations and ordinances. 6.06. Exterior Liqhts. Ali 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. Landsca~ina. To buffer adjoining residential properties from marina operations, the marina shall maintain all landscaping and scree~inq de~ices specified on the Site Plan. 6.09. Pre-Season and Post-Season oD-pue~ises Storaqe. During the Spring of each year between 'ice-out' and Memorial Day, and during the Fall of each year between September lq and 'ice-in~0 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 o~ (a) transporting such watercraft and/or trailers between the winter storage areas and the lake, and (b) launchinq or removing such watercraft therefrom. During the aforementioned periods, the marina may store such ~atercraft ~nd/or trailers on any designated public parking area located on the Premises and may perform service and repairs 'thereto in place without removing them to the areas spedifically 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. 6.10~ Overnight Mooring qr Storage on Fuel and Service Dock. The nDorirz/ 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 servic~ dock opposite of the channel lying to the east of the Premises not to exceed four (4) inoperable, non-marina owned watercraft in the custody and control of the marina for the purpose of maintenance and/or service work. Section 7. AoDlic~b~e Law. Unless otherwise modified, ~aived, enumerated or excepted herein, the operation of a public, commercial marin~ on the Premises shall comply with all laws, regulations and ordinances applicable thereto, including without limitation the Prior Lake Zoning Ordinance. Sectiqn 8. ,,Persons gouDd. The terms and conditions of this Zonin~ Certificate shall run with the land and shall be binding upon and ln~re to the benefit of the present owner of the Premises, its successors a~d assigns; provided, however, that nothing in this Zoning Certificate shall otherwise limit the City for regulatin~ or zoning the Premises. Section 9. Effective Date. This Zoning Certificate is effective on the ~th day of Ja,uarv · I~_L. ATTEST: ITS CITY MANAGER -iT~YOR~ · ITS'ZO#ING- OFFICE; ' - e The location of watercraft ar~ dock slius are shown for ~] lustration purposes only and are subject to applicable regu/ations., ..: Proposed building additions sukmit~ on draw/ngs are for informational uurpo_ ses only; this does not constitute approval. A four-foot high fence is to be b~it f~-~ the ~-terly line from the lake to the townhouse easem~t. 4. Overflow parking area to be ~ in existing status until ~er~_ed site plan is a.u~uved. ' .... Emhibit A to Zoning certificat~ da~ 1/5/81 by_ City of Prior Lake Walt-~ A.' S~ock, Michae~ A. M~kntre, City Mgr.. ~orst Graser, Zoning Officer MOTION BY LOFII. JS, SECONDED BY RosErH, TO APPROVE THE FOI.J.,OWlNG VARIAN~ FOR 15311 BRh'b-TTPOINT ROAD NE AS 1 .IgTED: 1. 41' LAKESHORE VARIANCE FROM THE 75' LAKFSI-IORE SETBACK REQUIREMENT (ON THE NOKrH SIDE OF THE PROPERTY) 2. 24' LAKESHORE VARIANCE FROM THE 75' LAKF. qHO~ SETBACK REQ~ (ONTHE SOUTH SIDE OFTHE PROPEKrY) 3. 5' FRONT YARD VARIANCE FROM THE 25' FRONT YARD SETBACKREQUIREMENT 4. .4% IMPERVIOUS SUP, FACE VARIANCE FROM THE 30% IMPERVIOUS SURFACE RATIONAL BEING THAT IF Al I. SETBA~ ~ APPIJI:rD TO THE LOT IT WOULD BE UNBUll J')ABLE, SIMll .AR VARIANCES HAVE BN-h'N GRANTED IN THE AREA, AND HARDSHIP IS NOT CAUSED BY ACFiONS OF THE APPLICANT, WiTH THE CONDITION THAT A1 I. HARDWOOD TRh-~-q REMOVED BE REPI.ACED BY 2" CAI JPER OR GREATER TRh'~.. Votes taken si~tmified ayes by Arnold, Loftus, Kuykendall and Roseth. MOTION CARRlh'T). 1TEMlll - VARIANCE- MARTY HANSON Marry 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 information as per planning report dated June 2, 1994. The request is for a 40.5' County Road 12 setback variance from the 85' Couuty 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 occuned in this area was done before the 85' county road setback requirement was incorporated into the Zoning Ordinance in 1989, resulting in many structures encroaching that setback requirement. ~ Mitchell stated that staff reconm-amds 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-l, Suburban Residential Zone. Commmts fromBrad Lamon, Scott County I-rnghway Department were that this proposal is consistent with other properties in the area, and that futme upgrading of.County Road 12 should not be affected by this proposal. Comrmnts from the Commissioners were; regarding the setback, future right-of-way acquisition, and that if the applicant could prove Coy 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 LoFrus, SECONDED BY KUYKENDAI I.~ TO APPROVE A 36.5' COUNTY ROAD SETBACKVARIANCEFROMTHE85' COUNTYROAD 12 SE-TBACKREQUIREMENT RATIONAL BEING THAT THE SITE WAS PI_ATIED BY A PREVIOUS GOVI~I~IMEN~, THE REQUF_ST IS CONSISTENT WITH THE DEVELOP~ PATrERN IN THE AREA, AND IS NOT TO THE GENERAL HEALTH, SAFETY, AND ~.FARE OFTHE COMMUNITY Votes taken si~ified by ayes by Arnold, Loftus, Kuykendall and Roseth. MOTION CARRIED. 1TEM IV - CONDITIONAL USE PERMIT AND VARIANCES- EAGLE CREEK PROPERTIES 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 3, 1993 Page 2 Planner, Horst Gmser, 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. Ch:ex~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. Eliminaton 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 Gminwood West Homeowners Association, discussed deed restrictions contained in a 1977 restricted covenant, a 1989 permit granted by the DIN'R, 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. Mfiler. Wayne MFller, 4094 Wagon Bridge Circle expressed similar concerns as expressed previously by the Gminwood West Association members. Attorney Bryce Huemceller, 16670 Franklin Trail - reminded the Commissioners that a marina is a conditional use in the R-2 district, subject to reasonable conditions. Jim Sentryz 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 re, convened at 9:25 p.m. Comrmnts from the Commissioners were; the lack of details and concern about the parking of boat trailers, specifics on services prolx)sed, 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 ROSETH SECONDED BY LOFrUS TO CONTINUE THE APPLICATION FOR A CONDITIONAL USE PERMIT AND VARIANCES FOR EAGLE CREEK PROPERTIES (WAGON BRIDGE MARINA) TO JUNE 16, 1994, AT6:00 P.M. Votes taken signified by ayes by Arnold, Loftus, Kuykenct~l! and Roseth. MOTION CARRIED MOTION BY KUYKENDA! .! .,SECONDED B Y LOFrUS TO ADJOURN THE ~G. PLANNING COMMISSION June 3, 1993 Page 3 'CUO3P? pLANNING REPORT AGENDA ITEM: SUBJECT: PRESENTER: PUBLIC HEARING DATE: 1 EAGLE CREEK PROPERTIES PERMIT AND VARIANCES HORST W. GRASER _YES X NO JUNE 16, 1994 CONDITIONAL USE 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 opportunity 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. 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 mm'ina 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 mm'ina to limit its operation to related marina functions. A comparison of the attached proposal with the existing zoning certificate follows: Item 1: This item is taken verbatim from the existing zoning certificate. Item 2: The zoning certificate allows 56 slips. The proposal is for 94. an increase of 38 slips. Item2A: The zoning certificate allows public launching with restricted on-site parking, the proposal terminates public launching except for spring and fall launches for lakeshore homeowners. Item 3: Item 4: Both the cun'ent zoning certificate and proposal allows fuel service. The current zoning certificate permits related retail sales. The proposal is identical to the zoning certificate with the exception of display. The zoning 4629 Dakota St. S.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 consu-uction. 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 se~wice 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. PHONE NO. DSTATE OF EPARTMENT OF NATURAL RESOURCES Metro Waters, 1200 Warner Road, St. Paul, MN 5510%lLENO' 772--7910 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 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 DNRpursuant 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. cerely, ~ Patrick J. Area Hydrologist AMENDMENT TO CONDITIONAL USE PERMIT OF EAGLE CREEK PROPERTIES, INC. DATED 5/4/94 Ju~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 trailers on 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 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 Public launching at the Marina will be discontinued, with 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 bait; fishing tackle 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 City of Prior Lake. (see attached Exhibit "A") 5. Future Service Shop Addition and Buildinq Remodelinq 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 Commissi6n, 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, architectural 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 sandwiches and the like. Coffees, donuts, breads, etc. as 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 with 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 City of Prior Lake to do parasailing during City functions in conjunction with special activities on the lake. Tour boat - 45'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 will 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 present 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. ii PLANNING COMMISSION MINUIES JUNE 16, 1994 The June 16, 1994, Planning Commission Meeting was called to order by Chairman Arnold at 6:00 EM. Those present were Commissioners Roseth, Amold, Loftus, Vonhof, Kuykendall, Director of Planning Horst Graser, Associate Planner Gina Mitchell, and Secretary Rim Schewe. Due to malfunction of the tape, approval of the minutes was not recorded. REVIEW MINIffI'KS OF PREVIOUS MEETING MOTION BY LOF-TUS, SECOND BY ROSE-TH, TO APPROVE THE MINUTES AS WRITTEN. Vote taken signified ayes by Arnold, Roseth, Kuykendall, and Loftus. Commissioner Vonhof abstained as he was not present at the previous meeting. MOTION CARRIED. ITEM I - CONTINUATION ON CONDITIONAL USE PERMIT AND VARIANCES FOR EAGI,E CREEK PROPERTIES Horst Gtaser, Planning Dhector, presented the info~mafion as per planning report dated June 16, 1994. He surnmmized items 1 - 8 listed in the planning report. Mi: Huemoeller, presented changes to the items mentioned above for the applicant. Nan Miller, 3647 Gm-field 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 summm-ized as adding recreation vehicles with a maximum of 500 pounds gross weight. Nan Miller disagreed with the broad definition of a recreational vehicle in item 4 because it would include non-marina associated vehicles in an ah-eady congested area. B~yce Huemoeller surnn~ized item 4 as specifying the limitation of retail sales of recreation vehicles by the Ma,ina to watex~craft/recxeational vehicles, related items, and motors, new and used; marine pax'ts, eqtfipment, and accessories; and other water sports eqtfipmen[ Item 5 addiesses a futme service shop addition m~d btdlding remodeling, which does reqtfire a vtuiance for repairs and services yem' round for wate~:rafrgrecreational vehicles. Item 6 dealt with the food service offered by the Marina. This would allow ~he Marina to eng~e in the sale of food and beverages and related services 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 O,dinances. Nan Miller wanted limits on the number 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 property. Bryce Huemoeller ar~,m.~ed that the limitations should be left as they are, rather than specifying exactly what is allowed. The mm-ina 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 Kuykendal! disagreed saying that without limitation, "etc. and the like" was too abstract and wide open. He suggested striking this verb~e and the applicant coming back wkh specifics. Diane Sentyrz, Eagle Creek Properties, W~on Bridge Marina, addressed the elimination of the "em, 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 that would be later submitted by Senga'z. She suggested [hniring the hours of an event and requiring permits to ensure compliance with City O~rtinances. Mx Miller 'also commented on the pm-king congestion. Commissioner Lofms questioned the adctlrional uses of wate~,cmf-t and the traffic flow problems with ordering food in from other venders and rental nips. Bryce Huemoeller stated that rental is cmrently allowed under the zoning cerd.ficate and that the tour boat is the only rental addition. Diane Sentyrz noted that there are currently ttu'ee fishing boars in the hm'bor, two pontoon boats for rental, four pensonal watercraft wavemnners for rental, a tour boat is on order, and cmrently there m'e no pm~asailing boats, sailbomrts or saiJboats. Nan Miller questioned why Cky staff opposed in 1989 pm'king on lot 11 but now is not objecting to it, and also the size and number of pm'king spaces available for people who will be using the tom' boat. MOTION BY KUYKENDAI I ~ SECOND BY LOFTUS, TO CONTINUE THE CONDITIONAL USE PER_MiT AND VARIANCE FOR EAGLE CRI::.~ PROPERTY HEARING TO JULY 7, 1994, 8:00 P.M. Vote taken signified ayes by Kuykendall, Lofms, Roseth, Arnold, and Vonhof. MOIION CARRIED. A recess was called at 7:05 P.M. The meeting was reconvened at 7:13 P.M. ITEM II - PIjBLI{~ HEa, RING- GOLD NUGGET-COMPREHENSIVE PLAN AMENDMENT, 1REZONING, PRELIMINARY PLAT AND VARIANCES FOR KNOB HILL The Public Heming was called to order at 7:14 P.M. by Chairman Arnold. The public was in attendance and a sign-up sheet was ch'culated. Pag~ 2 PLANNING REPORT AGENDA ITEM: SUBJECT: PRESENTER: PUBLIC HEARING DATE: EAGLE CREEK PROPERTIES CONDITIONAL PERMIT AND VARIANCES DEB GARROSS, ASSISTANT CITY PLANNER X YES JULY 7, 1994 USE INTRODUCTION: The Planning Commission has considered this item on June 2, 1994, and June 16, 1994. Both times the Planning Commission gave specific dh'ection to the applicant to provide greater detail and additional data relative to the marina operation. The applicant has submitted a third ch-att of his conditional use permit proposal titled "Conditional Use PelTnit of Eagle .Creek Properties, Inc. dba Wagon Bridge My'ina and Services, Inc." which is attached for your review. The document was not dated. The issues relative to this operation on June 16, 1994, were as follows: Storage m'eas of equipment incidental to the operation of a my-ina were to be delineated on the site plan. The text makes reference to the site plan in specific m'eas. The applicant however, did not submit a revised site plan. I suggest that the previously submitted site plan dated Februm'y 9, 1994, and revised June 8, 1994, be used to delineate the storage m'eas at this time. The applicant should then be required to revise the site plan showing any and all changes which will become pm't of the conditional use permit as the official development plan. The application was to include definitions of recreational vehicles and lakeshore associations. The definitions m'e included in pm'agraph 2, page 2. In the recreational vehicle definition, the abbreviation, PWC, stands for personal water craft should not be used. o The language discussing the future service and shop addition but no plans and detail were provided, should be removed from the text. Pm'agraph 3, page 2, still references the need for additional storage and benefits to the mm'ina and public. The application was to be very specific in the m'ea of retail sales specifically in the food products area. See pm'agraph 9, page 4, which includes a list of food items to be sold. 4629 Dakota St. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER o o o 10. Il. 12. 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. The Commission wanted an opinion relative to parasailing from the City Attorney. Mr. Kessel will be at the meeting to discuss this issue. The applicant was to provide the Commission with the number of rental devices currently on the site and anticipate where these devices are kept. This information has not been provided. Pm'agraph 4, page 2, is not clem' 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. Pm'agraph 5, page 3, should be amended to indicate Prior Lake's approval of the dock layout. The current wording suggest that the DNR has sole control over the design and numben 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. Pm'agraph 10, page 5, requh'es striping and the placement of curb block. The Planning Commission should specify a time frame when this work is to be completed. 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. The text should be consistent in the use of the auxilim'ies 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 futurity or permission to operate, which in this case may be appropriate. 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 public, commercial marina on the premises. The continued operation of a public, commercial marina on the lake promotes the public health, safety and general welfare 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 services, 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. A 25 foot lakeshore setback variance for the parking lot. The requirement is 50 feet from the Ordinary High Water mark. A 28 foot boat ramp width variance. boat ramps is 12 feet. The maximum width for On the following pages is a revised version of the original request submitted 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 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 will provide a cleaner storage area, eliminate congestion and noise, and reduce unsightly storage of watercraft being serviced. Any addition 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 pull out in the fall on a fee basis. Page 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 Sheriff in an area other than permitted 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 authorized 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 will conform to the detailed drawing as submitted and approved by the DNR. Service and tour boat moorings are to be located per detailed drawing as submitted and approved by th~ 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 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 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, sailboats and related 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 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 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 will be delineated with striping where applicable 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 are~ 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 land storage, at grade level only, 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 A~TD 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 conjucti~n with the Prior Lake Sportsmans Club, Customer Appreciation Day, or Boat Sh~ws. If special permits are required by the City for these events, they will be obtained prior to the event. 13. Unless otherwise modified, waived, enumerated or excepted herein, the operation of this public, commercial marina shall comply with all laws, regulations, ordinances and deed restrictions applicable thereto. 70 F.~GLE CREEK PROPERT'rES TRAFFIC FLOW 60 5O 4O 3O 2O 10 Mon-Thurs Sat-Sun Holiday Mon-Thurs Sat-Sun CURRENT/PROJECTED Waverunner Other Rental Pontoon Launching TOTALS Holiday Count Prto Lhe ~ long ~ to 1se- ~'Of' .~11 ~ be I it ." ' ' SUPPLEH£NT TO COflTPACT FO~ DEED OATED It is Understood and agreed that the structure now located on Lots i$ and 15, Block 7, Grainwood, may remain thereon temporarily, but that that portion of the structure now on Lot lB shall be removed therefrom or demolished, at the expense of parties of the second part, not later than Hay l, lg78. Parties of the second part agre~ to transfer to first perry an easel,:.-nt for public water and sewer service, adequate tn location and area to satisfy the requirements of the appropriate governmental agency, for the purpose of making said services available to adjoining and owned by party of the first part, and agree to execute the docu- ments necessary to create such an easement. Second parties aqree that so long as first party's adjoining land is used for non-con~nerctal 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 parkiny 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 ll, Block 7, vacated, and in the expense of registering title to the above described premises. Taxes and 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 width than the easement reserved over Lot 14 and the existing gravel roadway; then this contract for deed shall be amended to conform to the requirements of such municipal authorities. 'I~ ~n the event parties of'~'the'second part decide'in the future to sell their interest under this' contract for deed, party of the first )art shall be offered the first opportunity.to purchase same..~ THI£LI~(G EXTEP~RIS£S, I/tC. . . :' P re s t den't uert~am E. John~lFn ITEM I - FRANK BOYLES - BY-LAWS REVIEW City Manager Boyles summarized the revised By-Laws. There is a need to be consistent tht~oughout all the committees. A change for the Planning Commission is the meeting day which will now be the second and fourth Monday of each month at 7:00 P3/I. A change in the chaitrnan 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 Item 111 was scheduled. ITEM III - EAGLE CREF, K PROPERTIES -CONDITIONAL USE AND VARIANCES CONTINUATION Deb Gan:oss, Assistant Cky Planner, presented the information as per planning report of July 7, 1994, and the issues relative to this operation which were outlined in items numbered 1 to 12 in the Staff report. 'INs application has been continued fi.om June 2, and June 16, 1994. A letter from Norbert Traxler voicing an objection to the conditional use was identified. Diane Sent3n'z representing Eagle Creek l:h, operties, dba Wagon Bridge Marina, 15862 Eagle Oeek Avenue, stated the application is to change the marina from a legal non-conforming zoning stares to a conditional use. The City Council and the Planning Commission have already identified the need for the marina to continue to exist on l:hior Lake as is evident by Policy 7 of the Cornprehensive Plan. The mm'ina should be allowed to provide services without undue consu'aint. The marina is operating under a Zoning Certificate issued in 1981 by the City of Prior Lake. We are asking no less than what is currently allowed in the existing Zoning Certificate with the addition of 38 boat slips. All other items in the proposed conditional use request me items that the mm'ina is allowed to do. The reason for requesting a conditional use permit me as follows: The need to incoxpomte the mquh'ed variances into the conditional use perrnit; the removal of the public launch for transient traffic; and the addition of 38 boat slips making the total 94, as already approved by DNK Nan Millex; 3647 Gm'field Avenue South, Minneapolis, representing the Gminwood West Townhome Association, asked for clarification on the two maps submitted. Ms, Miller asked that any reference to futme and proposed expansion be removed fi.om 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, parking, policing, parasailing, retail sales, storage, special events, noise level, and the shined access. Jim Senty~2, co-owner of Wagon Bridge Mm-ina, stated the mm-ina was in existence before any townhomes were built. The mm-ina is ttTing to con'ect the n'affic problem by eliminating public launching. Rental cmf-t is allowed by the zonh~g certificate. The request is for appropriate vmances for the e,x/sting building, pta-king lot, and boat rm-np. The proposed conditional use permit uses the same guidelines as the existing zoning certificate Ms. Gm'oss asked the applicant to delineate the following: 1. Remove the items proposed for futm'e proposals from the site plan. 2. Delineate the actual space on the map of the location of outside storage. 3. Show on the map the number of pm-king spaces and location of the overflow parking area. Diane Sentyrz delineated the above requests on the map. Ms, Sent3n'z also stated as a point of info~rnafion that a sm'vey had been done of the mm'ina property and it showed there is no easement for the King property as was declined by Mr & M. ts. King. Commissioner Kuykendall stated pinking will regulate itself and the townhome association should only be concemed about shared access issues. PLANNING COMMISSION July 7, I994 Page 2 The Planning Commission reviewed each provisiom of the applicant's proposal. City Attomey 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. MOTION BY ROSETH, SECOND BY KUYKENDAI 1., TO RECOMMEND THAT THE CITY COUNCIL APPROVE THE CONDITIONAL USE PERMIT AND VARIANCES FOR EAGLE CREEK PROPERTIES, INC., DBA WAGON BRIDGE MARINA AND SERVICE, INC., RATiONAL BASED ON THE ~ED DOCUMENT DATED JULY 7, 1994, AND SITE PLAN EXHIBITS A AND B. Vote taken signified ayes by Roseth, Kuykendall, Arnold, Vonhof, and Loftus. MOTION CARRIED. A recess was called at 9:30 P.M. and the meeting reconvened at 9:35 P.M. ITEM IV - JERRY HALLIDAY - VARIANCF, Chairman Arnold advised the Commissioners that the information submitted by the applicant was incorrect and will be resubmitted to Staft. MOTION BY LOFI'US, SECOND BY KUYKExNDAII,, TO CONTI2N-UE THE VARIANCE APPLICATION FOR JERRY HAl J .IDAY, 16604 INGUADONA BEACH CIRCLE, TO JULY 21, 1994, AT 9:30 P.M. Vote sign/fled ayes by Loffus, Kuykendall, Vonhof, Arnold, and Roseth. MOTION CARRIED. ITEM V - MICHAEL FISCHBACH - VARIANCE, Michael Fischbach, 84 West Duck Pond Drive, West St. Paul, stated he is requesting two variances in mrler to consn'uct a deck on his lakefront cabin at 16244 Lakeside Avenue. A letter fi.om his adjacent neighbor on Lot 25, Michael and Km'en Lodnser, was read into the reco~rt support:lng the variance request. Gina Mkchell, Associate Planner presented the info~rnafion as per planning report of July 7, 1994. The request is for a 13 foot lakeshore variance from the 75 foot lakeshore setback requh'ement and a 2 foot east sideyard variance from the 10 foot sideyard setback reqt~'ement. The subject site is a small substandm'd Lot of Record and was platted under a previous governing body. The applicant will consn'uct the deck to save the trees on the lot. The proposed improvements obsex~,e the spirit and intent of the Zoning O~rtinance and substantial justice would be realized by allowing the owner of the pmpemd to use and develop in a manner consistent wkh the character of the neighborhood and special needs of lakeshore living. Ha~rtship is caused by the application of current zoning regulations and is not the result of the property owner. Comments fi.om the Commissioners were on hotkse site lines, appreciate effort to save tree, hardship criteria has been met, and all were in support of the variance. MOTION BY VONHOF, SECOND BY LOFTUS, TO APPROVE A THIRTEEN (13) FOOT LAKESHORE VARIANCE AND A TWO (2) FOOT EAST SIDEYARD VARIANCE REQUIREMENT FOR 16244 LAKESIDE AVENUE. RATIONAL BEING TIlE LOT IS A SUBSTANDARD LOT OF RECORD, HARDSHIP IS CAUSED BY THE CURRENT REGULATIONS OF THE ZONING ORDINANCE AND IT WOULD NOT BE DETRIMENFAL TO THE HEALTH AND WE] ,FARE OF THE NEIGHBORHOOD. Vote taken signified ayes by Vonhof, Lofms, Roseth, 3anold, and Kuykendall, MOTION CARRIED. A recess was called at 9:50 EM. until the scheduled public heoa-ing at 10:00 EM. PLANNING COMMISSION July 7. 1994 Page 3 z19 es d U I I ! ! ! I % I I I ,. 0 93NNVH3 0 ,i.'l I_ I I I I \ '\ .tu , '\ \ m_j ~ ./