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HomeMy WebLinkAbout19-067 Sunfish Bay Resolution 4646 Dakota Street SE Prior Lake, MN 55372 RESOLUTION 19-067 A RESOLUTION GRANTING APPROVAL FOR A DOCK SYSTEM FOR DEDICATED WATERFRONT FOR THE PLAT OF SUNFISH BAY Motion By: Erickson Second By: Braid WHEREAS, The development platted as Sunfish Bay (“Sunfish Bay”) was platted as 31 lots, including 7 lakeshore lots and 24 back lots. Some of the lots have been combined over the years and there are currently 5 lakeshore lots and 17 back lots, as legally described on attached Exhibit A; and WHEREAS, Sunfish Bay includes a street to the west of the lakeshore lots providing access to the lake “access” and a “waterfront” between the lakeshore lots and the lake, which were dedicated for the use of the respective owners of the lots in the plat; and WHEREAS, Sunfish Bay has experienced a long history of disputes between property owners regarding many issues including the use of the access, the use of the waterfront and the placement of docks and boat slips on the waterfront; and WHEREAS, Owners of one of the lakeshore lots filed a registration action and has obtained a Court Order terminating the waterfront abutting their lot. The waterfront abutting the other lakeshore lots and the access currently remain in existence; and WHEREAS, As part of the registration action, numerous lakeshore and back lot owners became involved in discussions with the goal of reaching consensus on the use of the access and waterfront; and WHEREAS, As a result of those discussions, a proposal was created which would establish a home owners association (“HOA”) with a joint dock system for use of the back lot owners; and WHEREAS, Any dock system with more than six slips requires a permit from the City; and WHEREAS, The back lot owners involved in the discussions have requested that the City approve a joint dock system for use of the back lot owners to be located on the access or waterfront; and WHEREAS, City is willing to grant a dock system approval for the dedicated waterfront, subject to DNR approval, if the conditions set forth in this Resolution are met. 2 NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA as follows: 1. A dock system for dedicated waterfront is approved for the plat of Sunfish Bay subject to all of the following conditions: a. The dock system shall not exceed the lesser of: (i) 17 slips; or (ii) one slip per back lot which is a member of the HOA. b. Upon joining the HOA, the back lot forfeits any right to install any docks, slips, boatlifts or any other structure on the access or waterfront, except for the approved dock system. Once a back lot has joined the HOA, whether or not the back lot has a slip, pays its dues, or later withdraws from the HOA, the back lot is prohibited from installing any docks, slips, boatlifts or any other structure on the access or waterfront, except for the approved dock system. c. The dock system shall be installed in the configuration set forth in attached Exhibit A. Any change to the configuration of the dock and/or slips must be approved in writing by the Zoning Administrator. d. The dock system shall be located only on the commonly owned access or waterfront and must maintain a minimum separation of 10’ from any riparian lot line as measured at the Ordinary High Water Elevation. The dock system must be installed in a location and manner so as not to interfere with the navigability of the lake. e. An HOA must be established which has the authority to regulate the dock system and slips including use, maintenance and costs. The HOA must provide a reasonable and equitable way for all other property owners in Sunfish Bay to join the HOA in the future. f. All slips in the dock system must be used solely for the personal uses of the property owners. 2. Enforcement and Revocation. a. The HOA shall be responsible for ensuring compliance with this Resolution. b. If this Resolution is violated in the City’s sole discretion, the City’s remedy is revocation of the dock system approval. The City shall not revoke the approval without mailed notice to all of the property owners in Sunfish Bay and an opportunity for the property owners to be heard. If the approval is revoked, the dock system must be removed immediately. 3. Effect of Approval a. The number of slips permitted on the waterfront is limited by City Code Subsection 1104.307 (8). Slips on the approved dock system do not count toward this limit. b. This Resolution relates only to the approved dock system and the placement of docks and/or slips on the commonly owned waterfront. The Resolution does not relate to the ownership or other uses of the access and/or waterfront. 4. If the following contingencies have not been completed by August 31, 2019, this Resolution shall automatically be null and void: a. An HOA shall be established and HOA documents consistent with this Resolution shall be adopted by the HOA. b. At least 10 of 17 back lots shall be members of the HOA. c. This Resolution and the HOA documents shall be recorded against all of the properties in the plat of Sunfish Bay. Costs for recording this Resolution shall be paid for by the members of the HOA. 5. This Resolution is subject to DNR approval. 3 Passed and adopted by the Prior Lake City Council this 20th day of May 2019. VOTE Briggs Thompson Burkart Braid Erickson Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ ______________________________ Michael Plante, City Manager 4 Exhibit A Legal description and PID of lots