HomeMy WebLinkAbout15-188 Moratorium on Private Docks
4646 Dakota Street SE
Prior Lake, MN 55372
RESOLUTION 15-188
A RESOLUTION AUTHORIZING A STUDY TO DETERMINE WHAT AMENDMENTS TO THE
CITY CODE MAY BE REQUIRED TO PROTECT THE PUBLIC HEALTH, SAFETY, AND
WELFARE AND TO PROVIDE FOR SOUND PLANNING WITH RESPECT TO DOCKS ON,
EXTENDING FROM, AND/OR ACCESSED BY CERTAIN PROPERTY WITHIN THE CITY OF
PRIOR LAKE
Motion By: Thompson Second By: McGuire
WHEREAS, the City of Prior Lake has adopted a Comprehensive Plan which guides long term
property uses throughout the City.
WHEREAS, the City of Prior Lake has adopted a Zoning Code and Subdivision Code in order
to:
(1) Protect the residential, business, industrial and public areas of the
community and maintain their stability.
(2) Promote the most appropriate and orderly development of the
residential, business, industrial, public land and public areas.
(3) Provide adequate light, air and convenient access to property.
(4) Limit congestion in the public rights-of-way.
(5) Prevent over crowding of land and undue concentration of structures
and population by regulating the use of land and buildings and the bulk of
buildings in relation to the land surrounding them.
(6) Provide for compatibility of different land uses by segregating,
controlling and regulating unavoidable nuisance producing uses.
(7) Require that development proceed according to the goals and policies
established in the City’s Comprehensive Plan.
(8) Maintain a tax base necessary to promote the economic welfare of the
City by insuring optimum values for property in the City.
(9) Enhance the aesthetic character and appearance of the City.
(10) Conserve natural resources and environmental assets of the
community.
(11) Provide adequate off-street parking and loading facilities.
(12) Provide effective administration of this Ordinance and any future
amendments to this Ordinance and prescribe penalties for the violation of
its requirements.
(13) Establish a continuing system of review of this Ordinance to insure it
will be amended to meet changing needs of the community and advances
in science and technology.
WHEREAS, the City of Prior Lake contains several parcels of property abutting lakeshore that
are dedicated by plat for the joint or common use of the owners of lots shown on
the plat and that are not Controlled Access Lots pursuant to City Code Sections
1102.403(7) or 1102.503(9) (hereinafter referred to as “Common Lakeshore
Property”);
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WHEREAS, the City Council concludes that the public health, safety, and welfare and sound
planning may be affected by unregulated and inconsistent placement of docks
located on, extending from, and/or accessed by Common Lakeshore Property in
the City of Prior Lake;
WHEREAS, the City Council finds that the City’s current regulations do not adequately address
best practices for the placement of docks on, extending from, and/or accessed by
Common Lakeshore Property;
WHEREAS, the City Council finds that the City must conduct further study to determine what
amendments to the City Code may be required to deal effectively with docks located
on, extending from, and/or accessed by Common Lakeshore Property. This study
will include but not be limited to determining the most appropriate requirements and
limitations on the number and location of docks located on, extending from, and/or
accessed by Common Lakeshore Property; and
WHEREAS, the City Council has concluded that the public health, safety and welfare and sound
planning require that a moratorium be imposed on the installation or placement of
any docks on, extending from, and/or accessed by Common Lakeshore Property
within the City during the pendency of the study and the various public hearings
preceding possible adoption of amendments to the zoning ordinance.
NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE,
MINNESOTA as follows:
The City Council hereby authorizes a study to be conducted to determine what amendments to
the City Code will be required to deal effectively with the installation and placement of docks on,
extending from, and/or accessed by Common Lakeshore Property in the City of Prior Lake. The
study shall include analysis of methods and best practices relating to the regulation of docks
located on, extending from, and/or accessed by Common Lakeshore Property, corresponding
criteria and conditions to protect public health, safety and welfare, a sound planning framework,
research of ordinances and land use in other jurisdictions, and review of relevant studies and a
legal analysis of applicable case law. Upon completion of the study, potential ordinance
amendments shall be reviewed by the Planning Commission and City Council.
PASSED AND ADOPTED THIS 9th DAY OF NOVEMBER, 2015.
VOTE Hedberg Keeney McGuire Morton Thompson
Aye ☒ ☐ ☒ ☒ ☒
Nay ☐ ☒ ☐ ☐ ☐
Abstain ☐ ☐ ☐ ☐ ☐
Absent ☐ ☐ ☐ ☐ ☐
Frank Boyles, City Manager