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Home My WebLink AboutVA94-28 Wagon Bridge Marina Variance VA!l:L -28 PID# 25-032-02.'~-0 CITY OF PRIOR LAKE APPLICATION FOR VARIANCE Applicant: E:"Afrlf CR-6eiC PQ OP6R..TI6S INC, Address: '58b2. f;Afr~ CRe:f:1< Av~ Ne rWAfiOf'/(3I?IDufJ Property <Mner: \.. MA(INAj Address: Type of OWnership: Fee Contract Consul tant/Contractor: .Home Phone: 447- 4:~OO WOrk Phone: .Home Phone: Work Phone: Purchase Agreement Phone: Existing Use t.AAnlt..IA of Property: IV I It, '" Legal Description 5' " , of Variance Site: e-e- ATTACH BD fXltdjrr;L\ Variance Requested: 75' LAKB"0HOl(e (FOR MARINA &L-06-;). 2.5' LAK~5H"OK.& v'AIZ'AN~ P1?tlVl -mE: SO' $e;113A(X, \='OR. PA~'t.JCi LOr . 2~' BOAI RAMp WIDTH VAR.IAN~ 'FItOM tHe 12' MAk'IMLlM wIDTH, , Present Zoning: lZZ~D Has the applicant previously sought to plat, rezone, obtain a variance or conditional use permit on the subiect site qr_ any part of it? V Yes ~ What was requested:t,4KL4NCE TV 1\OD "A D~CJ( (!Q78..) ~ A~ IN a-RllFI CATE" Iq~q When:. - D~ion: I vAk! .6 M TF..D, ((I4l rt tON I Nb c.GR. Ti. F I CAn;- w llrfDRA Describe the type of improvements proposed: SUBMISSION IID;/UIREMENrS: (A)Cornpleted application fonn. (B)Filing fee. (C) Property Survey indicating the proposed developnent in relation to property lines and/or ordinary-high-water mark; proposed building elevations and drainage plan. (D) Certified from abstract firm, names and addresses of property owners within 100 feet of the exterior boundaries of the subject property. (E) Complete legal description & Property Identification Number (PID). (F)Deed restrictions or private covenants, if applicable. (G)A parcel nap at 1"-20'-50' showing: The site developnent plan, buildings: parking, loading, access, surface drainage, landscaping and utility service. ONLY COMPLETE APPLIC1\TIONS SHALL BE AC~U'.rED AND REVIEWED BY THE PLANNIl'G CD-1l>USSION. To the best of nw knowledge the information presented on this form is correct. In addition, I have read Section 7.6 of the Prior Lake Zoning' Ordinance which specifies requiranents for variance procedures. I agree ~ide infonna?, ~. follow the procedures as outlined in the Ordinance. ~ V ~ ~ /! Silinitted this () day of MAy 19'1!J (~::!aYf:167 /4 ~ee Owners Si;;t:;;::t THIS SPACE IS '10 BE FILLED OUT BY THE PLANNIl'G DIRECI'OR PLANNING <XJMMISSION ~PROVED DENIED t,.-;;/ ,,-i~/7# 7-~E OF HEARIl'G w"J:f COUN:IL APPEAL APPROVED DENIED 1,.-1- cjtj DA.TE OF HEARIN:; / <XlNDITIONS: ;iJ J ~';I-(J:;.~. ~. /)A1~CLCl~ cUi'//Jn1/tJti . I 'w) V(,1AI~~'AtI'L ___;dJ.lJ(j _ _ 1~ ,d.<}'leUCliy'ltViI uauC<<4.'l..1yr '{.~ ~f"4' ~Z&.U: /l/au~/(JIlrn1tf (< IfY ~. / . L1IUuux1) ,J , .'f- t}t/ e of the Planning Director Date VARIANCES REQUESTED: 1. 75 foot lakeshore variance 2. Section 9.3C.2. Imprevious surface closer than 50 feet to the ordinary high water mark. 3. section 9.3C 3.a. A boat ramp measuring 40 feet at 904, the ordinary high water mark. The requirement is 12 feet. 4. The Marina building is at elevation 906.49 which is in the flood plain of Prior Lake. The building will remain a legal non-conforming use since no variance is allowed. (Marina building will be rezoned at a future time) OJ crt{ - 03 PIDt APH,ICATION FOR CDh.Ju J.ONM, USE ..: ~U'l' ~licant: !.ap,le Creek Propel"ties, Inc. Address: 1 SW:>2 Eade CT"eel(- Ave. N. E. PA,"1".:.:rty Owner: EaC!:le Creel(- Pro'Del"ties, Inc. Address: !'Ill"'e Consultant: none Address: \! I A Bame Phone: 44?-lB7? 1t>rk Pmne: 44?-q.j(lO Bame Phone: 447-1~?'l 1t>rk Prone: 447-4300 POOne: Pr,",~...ed Conditional Use Address: 1 SAA2 F;!p:le Cree" Ave. !i. E. Legal Description: see attAcheri "Exhihit A" Existing Use of Property: ~rina Property Acreage: a1"'1"," ox. 1 acre Present Zoning:R2 Non-Conforming Conditional Use BeP'19 Requested: Ordinace #90-04 (5.3-aY Conditional Use Marina in accordance with Deed Iestrictions: N:> Yes If so, please attach. None, to the best of our knowledge Has the Applicant previously sought to plat, rezone, obtain a variance or conditional use pemdt on the s\t>ject site or any part of it: xx It> Yes lEquest: When: llJBMISSION .lW,Jl1IREMml'S: (A)Canpleted aR>lication form. (B)Canplete legal description and parcel identification nunber (pm). (C)Filin:J fee. (D)I)eed restrictions, if necessary. (E)Fifteen '-"'1"''='esof site plan dram to scale slxMing existing/proposed structures. (F)Additional infonnation as requested by the Plaming Director including but not limited to: existing grades and buildings within 100 feet, -drainage plan with finished grade and relationship to existing water bodies, if any, pro{X>sedfloor plan with use indicated plus building elevations, landscape plan with schedule of plantings and screening, curb cuts, driveways, parking areas, walks and cUrbing. (G)Certified fran abstract finn the names and address of property owners within 500 feet of the existing property lines of the subject property. (H)Application and st..1"1"vrtive data are due 20 days prior to any scheduled hearing. (H,y mtPLETE APFLIO\TIONS SW.L BE RlNIEWED BY ~.:1~ PLANlua:. a:JIo1ISSION. '1b the best of nw knowledge the infonnation presented on this form is correct. addition, I have read u\:...:'...ion 7.5 of the Zoning Ordinance which specifies requirenents for "'.....Jitionaluses. I agree to provide information and follow praM~?~. ~~tup d/ ;~ Si~~ In the the ~/&~ I8te ' ~AfiY/ I8b~ ' 'mIS OJ:A..;.lJ.Vl~ 'lO BE FILLED (lJ'l' BY ~rm PLANNIN; DI~.l.\JA ~ <D1MISSION \...a. ~ J. uJul~ Az: J: A.I\1m Az: J: I:IJJ'l!D lJJ::.1uUJ DENIm MTE OF HFARIN; MTE OF HFARIm <DhaJJ..l .LONS: Sianature of the Plannina Director Date .CU03CC' AGENDA #: PREPARED BY: SUBJECT: DATE: INTRODUCTION: DISCUSSION: ISSUES: ALTERNATIVES: RECOMMENDATION: ACTION REQUIRED: REVIEWED BY: Vir flu I STAFF AGENDA REPORT 8E DEB GAR ROSS, ASSISTANT CITY PLANNER CONSIDER CONDITIONAL USE PERMIT FOR WAGON BRIDGE MARINA AUGUST 1, 1994 The purpose of this item is to consider an application by Eagle Creek Properties, Inc., represented by Jim Sentyrz, The applicant requests that the zoning status of the marina be upgraded from a legal non-conforming use to a conditional use permit. See attached Planning Reports and Planning Commission minutes for reference to this item. The Planning Commission held hearings to consider this issue on June 2, 16, and July 7, 1994. Extensive discussion occurred between the applicant, representatives of the 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. 1. 2, 3, 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. /) l / LJ~n.,LL !a/L{SL:)?J-L,/ 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 OPNR.TUNlTY EMPLOYER 'CU03PN" 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 Propelties has applied to change its current legal non-conforming zoning status to a conditional use status (see attached detailed list of service proposals). Marinas are a conditional use in the R-2 residential zone in which the marina is located. The following variances are also requested. 1. A 75 foot lakeshore variance for the marina building. 2. A 25 foot lake shore setback variance for the parking lot. The requirement is 50 feet from the Ordinary High Water mark. 3. A 28 foot boat ramp width variance. The maximum width for boat ramps is 12 feet. If you are interested in this issue, you should attend the hearing, The Planning Commission will accept oral and/or written comments. Questions related to this hearing should be directed to the Prior Lake Planning Department by calling 447-4230 between the hours of 8:00 a.m. and 4:30 p.m. Monday through Friday. Prior Lake Planning Commission Date Mailed: May 24, 1994 4629 Dakota S1. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER EAGLE CREEK PROPERTIES, INC. _.'SiWJ./~' 15862 EAGLE CREEK AVENUE N.E. .u~' . r!'1 PRIOR LAKE, MINNESOTA 55372 612-447-4300 May 3, 1994 Mr. Horst Grasser City of Prior Lake 4629 Dakota Street S.E. Prior Lake, MN 55372 Dear Hors t : Per the recommendations of the City Council and the DRC, enclosed you will find our application for Conditional Use Permit on the property known as Wagon Bridge Marina, which is owned by Eagle Creek Properties, Inc. This application already has been reviewed by the DNR, Mr. Pat Lynch, and a copy of his letter dated April 15, 1994 is also attached. His letter pertains to the permit now being issued by the DNR for the property in question to improve the service and availability of slips on Prior Lake from 56 to 94 slips and also allows for maintenance dredging needed at the Marina to safely .insta11 the new dock layout. It is our understanding that the application for these slips was previously presented to the City Council in 1989 by Mr. Jim Dunn of Lakeside Properties. At that time, the City Council was very much in favor of approving the Conditional Use based on Mr. Dunn's application. Since he never followed through with this application, we are ini tiating a formal application on behalf of Eagle Creek Properties, Inc. We are enclosing all information that has been requested by the City Council and Planning Commission. We request that this matter be given priority, as we continue with our efforts to beautify this property as a focal point on the lake and a definate needed asset to the Ci ty of Prior Lake and its residents. Re~ ,4~~ ( ';;,L 4/ JdIlt;J - . Ri:f6ert A, Paschke, re ,dent 'cI7zflP James W. Sentyrz, Vice President Diane E. Sentyrz, Treasurer m EAGLE CREEK PROPERTIES, INC. PRIOR LAKE. MINNESOTA 55372 612-447-4300 u 'CU03PR' ,PLANNING REPOR'( AGENDA ITEM: SUBJECT: 3 EAGLE CREEK PROPERTIES CONDITIONAL USE PERMIT AND VARIANCES HORST W. GRASER, DIRECTOR OF PLANNING _YES X NO JUNE 2, 1994 PRESENTER: PUBLIC HEARING DATE: INTRODUCTION: The Planning Department has received an application for a conditional use permit and variance for the Wagon Bridge Marina located at 15862 Eagle Creek Avenue. The applicant, Eagle Creek Propelties Inc., desires to change the zoning status of the Marina from the CUlTent legal non-conforming status to a conditional use permit. The conditional use pelmit 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 manna 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 Malina to include personalized watercraft, fishing boats, runabouts, ski boats, para-sailing boats, sailboards, paddle boats, canoes, pontoons, and tour boat. 3. Service of watercraft engines and drive units in enclosed proposed (future) service facility (see drawing), 4. Food service necessary for operation of Marina to include pre-processed foods, processed foods on-site and all necessary snacks and beverages including future 3.2 beer license when submitted (if need be). Construction of outdoor gazebo and/or eating areas be permitted for customers. 5. Fuel service on lake and land (future) to include boats, snowmobiles, watercraft, and automobiles (future). 6. Retail sales of watercraft, new and used motors, parts, marine equipment and accessories, bait, tackle, and other sports equipment and accessories, This will confOlm with other Marina facilities already in existence, 4629 Dakota St. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER 7. On-premise storage of watercraft and other equipment used in connection with the operation of the Marina and incidental thereto. Pre-season and post-season on-premise storage between ice-out and Memorial Day and between September 15 and ice-in. The Marina shall be allowed to temporarily store customer watercraft and/or trailers on-premise when such storage is incidental to the Marina, The applicant has applied for the following variances: 1. A 75 foot lakeshore variance for the existing marina building. 2, A 25 foot 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, 3. A 28 foot boat ramp width variance. The maximum width for boat ramps is 12 feet. BACKGROUND: The Wagon Bridge Marina as it is known today has had a long history as a resort and marina. The following is a chronological history of the Marina: . In the 1920's, the Marina was known as Swenson's Resort owned by Earl Swenson (see attached picture). . The resort was sold to Arthur and Katherine Rau in the early 1940's (see attached picture). The resort at this time consisted of 11 cabins, the Rau home, and bar in the walkout level of the home. The resort was built on the entire southern point of the Grainwood Peninsula including the current Marina where the Grainwood West Townhomes are located today. . The marine store was built by the Rau's in 1956. It is the same structure being used today by the Marina, . In about 1974 or 1975, the resort was sold to Brooks Hauser and Brooks Field. The cabins were removed and the bar was leased to the Magnuson's who called it "The Cellar Bar", The Marina was leased to Mr, Spilde. . Mr, Rollie Thieling bought the entire resort in 1977, About this time the bar was also torn down. Mr, Thieling divided the resort and sold a portion to Jim Dunn. Mr, Thieling retained the other half of the resort and eventually constructed the Grainwood West Townhomes. Access to the townhomes is through the Marina site, via a private easement. . In the spring of 1977, Jim Dunn preceded to make improvements to the marina and expand its capacity to do business, . In 1978, Jim Dunn was granted a building permit to add new windows, insulation, and paneling, He also added a deck in violation of the code, He later received a variance from the Planning Commission and the Council fined him $100,00. . In 1978, Jim Dunn received a permit from the DNR for 40 boat slips and to excavate portions of the marina channel. · In 1979, Jim Dunn applied to the Planning Commission to expand the legal non-conforming marina but was eventually denied, · Jim Dunn and the City Council could not agree as to the level and extent of service that comprised the non-conforming use, This disagreement eventually led to a court stipulated judgment in January 1981. Exhibit A of the judgment is a zoning certificate which delineates description, level, and extent of the marina operation, The judgment, zoning certificate, and survey are attached, · In May of 1986, the Council permitted the modification of the zoning certificate to allow the operation of the Cabooze Cruise Lines. This was a large barge modified to operate as a cruise ship accommodating approximately 40 guests at one time. · On March 6, 1989, after an extensive, hearing process, the Council granted in concept, Jim Dunn's request to expand the marina. The approved slips totalled 73-77, depending on design. Jim Dunn was also required to address a number of issues which included parking, landscaping, dock configuration, storage, noise, and sensitivity to the neighborhood. Jim Dunn never provided additional data to conclude the process, To date, the marina operates under the zoning certificate issued in 1981. . In May of 1990, a permit to expand the marina to 94 boat slips was issued by the DNR (permit attached). STAFF ANALYSIS: Initially Mr. James Sentyrz and Mr, Robert Paschke approached the City with an application to expand the zoning certificate and not apply for conditional use status. The applicants were urged to file for a conditional use permit (CUP), since the CUP is the appropriate zoning process. A non-conforming use (NCU), results due to a comprehensive action by a governing body and no specific operating controls have been or may be placed on a NCU with the exception of longevity. The NCU is a designation that has resulted to protect the predominant uses in the district. The objective of zoning is to amortize all NCU's and change them to conforming uses but allow them to operate but not change or alter them until obsolescence forces their closure. A conditional use permit provides flexibility in a zone and allows the governing body to react to needs or unusual circumstances through the CUP approval criteria and the performance standards. Under most circumstances, the conditional use also does not exist prior to the application. The conditional use is the same as adding a permitted use to the district but with certain restrictions on the operation and/or to react to changing conditions both in the marketplace and environment in an effort to provide a community service or use. Some of the issues the Planning Commission and City Council may want to address have surfaced previously and/or are important to this application: 1. The marina is an existing lake recreational oriented commercial service activity in accordance with Policy 7 of the Comprehensive Plan. How important is this facility to the community in terms of heritage, continuity, identity, and commercial opportunity? Should this facility have its own development plan or continue to be a non-conforming use, which does not allow expansion. 2. Is the land use intensity of the proposal realistic and appropriate relative to its location, area, and access? 3. Will the dock configuration avoid conflict in the channel area with boat traffic and is the number of slips realistic? 4, Is the visual impression consistent with the desires and expectations of the community? 5. Is this the appropriate location on the lake for the use? 6. Should the Marina be brought into compliance with Section 6.10 Screening; be exempt because the facility already exists and/or should the City require additional landscaping through the CUP process? The application for conditional use is essentially based on the eXIstmg facility and zoning certificate, According to the applicant, the service element of the use is being changed to accommodate the market direction of the Marina and reduce the land use intensity for the benefit of the adjacent townhomes who share a driveway with the Marina, The proposed CUP compares with the existing zoning certificate as follows: 1. The permitted number of slips, according to the zoning certificate is 56 of which, 2 are reserved for the Sherriffs Department. Section 5.01. The proposal is for 94 slips, which have been approved by the DNR. The suggested parking requirement for 94 slips is 24 or 1 stall per 4 slips. 2, Watercraft rental is permitted in the zoning certificate but not limited, The applicant currently rents boats. motors, pontoons, personalized watercraft and runabouts. Section 5,06, The proposal will add ski boats, parasailing, boats, sailboards, paddle boats, canoes, and a tour boat. The tour boat is a large boat capable of holding a large number of people and serving food and beverages, 3. The zoning certificate provides for repair service usual and customary to the operation of a marina, Section 5,5, Repair service is currently being preformed and is proposed to be continued, 4, Food services are also allowed in the zoning certificate as long as they are incidental to the operation, Section 5,07. The City has interpreted this section to mean only pre-processed foods and snacks, Section 5.07, The proposal is to expand the food service to include restaurant style service with menu and a designated seating area. The outdoor eating areas should be defined as well as more specificity relative to the processed foods service, 5, The zoning certificate permits a fuel and service dock, Section 5.01. The dispensing of fuel is currently limited to boats on the lake. The proposal will expand this to snowmobiles and automobiles which will require a pump on land, 6, Retail sales of watercraft, motors, parts, bait, and tackle is permitted, Section 5,07. The zoning certificate allows storage of watercraft and other equipment incidental to the Marina on-premise as long as it is within a designated area (Section 6.03), During ice-in and ice-out the Marina may store watercraft and do repair on the entire premises (Section 6.09). The proposal for on-premise storage is ambiguous and would be difficult to enforce. It appears that outside storage may occur the entire year for watercraft and related equipment on any portion of the marina. The predominant on land departure from the provision of the zoning certificate and current operation is the discontinuance of the launching service, The applicant has stated that on the average, 150 boats per week are launched during the season. This has been the source of controversy with the townhome association because boats waiting to launch have blocked the access to the townhome units. Launch service will continue to be provided for slip customers and service boats. The public will be allowed to launch before Memorial Day and after Labor Day. The applicant has stipulated that the marina has 36 designated parking stalls. Twenty-four are suggested for the slip customers and seven are required for the retail and service operation for a total of 31 spaces. However, the majority of the parking area is not blacktopped or delineated which makes it impossible to park 36 cars, However, additional parking is available in the unpaved area of the access drive. The three variances being requested are for eXIstmg 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. De Marina should not ~ left....to suc~umb to obs~escence i~ an elJvirnnment <Inri community so in need of herita!:!~.. {;<:mtinuity and a lake service marina, It appears nearly impossible to provide this service elsewhere in the community. Therefore, we should do our best to permit the extent of the service and operation to be compatible with the adjacent neighborhood but also allow the Marina to be profitable so as to meet the needs of the greater community. The proposal by the applicant is a good compromise. The major source of conflict and agitation has been over the public launching and the resulting parking lot crowding and access interference to the Townhome Development. The dock configuration has satisfied the requirements of the DNR and a permit for 94 slips has been issued along with a dredging plan. The outside storage of equipment accessory to the business should be restricted to a specific area that can be effectively screened from public view, The grass area northwest of the driveway should be delineated as to its use or purpose. The proposed restaurant use requires additional clarification and delineation, The rental of watercraft is currently being done but not paras ailing and a tour boat. The applicant should provide additional detail as to the size, capacity, parking requirements, food service, domestic waste disposal, hours of operation, etc... for the tour boat in order to make a sound decision related to the proposal, This application can be approved based on the criteria in Section 7.5C of the Zoning Ordinance. However, staff recommends that additional detail , specificity and a clear delineation of the various aspects of the operation be provided by the applicant. The Marina can conform to the district, produce a positive visual impression, and organize vehicular traffic in a manner that will not cause a dangerous or aggravating condition to the neighborhood and community, ALTERNATIVES: 1. Approve the conditional use permit and variances delineating the level of service and other functions as determined appropriate by the Planning Commission, 2. Continue the hearing for additional detail or data. 3, Deny the application. ACTION REQUIRED: A separate motion making a recommendation on the conditional use permit and variances for City Council consideration, .. . EXHIBIT A t:.AGLt. .ceEEK PROPERTIES., LNG. 1) B A: \JA'O N lAu""... ......uIA .. ~.Ii. vrCE . ]1tC. J ~....~ ~.A I;t.~..~ r.c.a to L .L r P~L1.AX.E.. ffUf!a:~ GJ.n. rO"T.EO: 2.1- ,+-) t2aQtIl"'TIOIt : All tJ:&.at. p&r~ of 8loclt '7 Gra1.Dvooci. Scot.t Count,.. described &oS tollows: a.q1.D1.Dq at. the aorthvest. corner at ~t. 11 in said alack. tb.Dce EAsterl,. alocq t.he aor~Aer11 lice of .aid ~t 11 &a4 ~. ezt.~1.0D thereat t.o the ~est.er11 r1qht.-of-var line at County .oad ao. ~l: t.hence Sou~e~t.erlJ aloDq .aid riqht.-ot-v.,. 11ne t.o t.h~ .hore l1.ne ot Pr1.ar Lake: thecce Sout.herly acd ~est..rI1 alocq .ait sCorelice t.o it.s 1Dt.ersec~ioc vith the Sout.herl,. ezt.~1OC at tbe West.erl,. line at lot 11 iD said alock; thence .artherl,. alonq ..it west.erl,. line at Lot 1. as ezt.ecde4 ace tb_ W.st.erly line at ~ts 15. 14 acd 11 to t.he p01Dt of be~1.~n9. , CD ?l( - 0.3 PIDt APR.lGoTION FOR UJlwJ.TIONAL USE .t'J:.l'l"II'l' Applicant: ~p,le Cr~ek Prope~ties, Inc. Address: 1 '5P62 Eade Greev Ave. N. E. Pl~~~rty Owner: ~~le Cree~ Prone~ties, Inc. AddresS: ~"."'~ Consultant: none Address: ~/A Bane Phone: 447-1877 M:>rk Phone: q,Lj.'!-4jt1U Bane Phone: QJJ.'1-1lj'!'! M:>rk Phone: 447-4300 Poone: Proposed Conditional Use Address: 1~AA2 E=1~le Creel, Ave. N. E. Legal Description: ~ee attacheri "Erl11"'it A" Existing Use of Property: Varina Pru~rty Acreage: approx. 1 acre Present Zoning: R2 Non-Conf\"4...lng Conditional Use Being ~ested: Qrdinace #90-04 (5.3-a, Conditional Use ~rina in accordance with Deed lEstrictions: tb Yes If so, please attach. None, to the best of our knowledge Bas the Applicant prer.riously sought to plat, rezone, cbtain a variance or conditional use pennit on the subject site or any part of it: xx tb Yes Fequest: When: .S1BMISSION .l'WJUIREMENl'S: (A) Completed application form. (B) Canplete legal description and parcel identification nurrber (pm). (C)Filing fee. (D)Deed restrictions, if necessary. (E)Fifteen copies of site plan drawn to scale showing existing/proposed structures. {F)Additional infornation as requested by the Planning Director including but not limited to: existing grades and buildings within 100 feet, drainage plan with finished grade and relationship to existing water bodies, if any, proposed floor plan with use indicated plus building elevations, landscape plan with schedule of plantings and screening, curb cuts, drivew-ays, parking areas, walks and curbing. (G)Certified fran abstract fim the names and address of property owners within 500 feet of the existing property lines of the subject property. (H)Application and sUM:^-'rtive data are due 20 days prior to any scheduled hearing. . ONLY CDMPLm.'E APH.Io.TIONS smu. BE RE.VIEHED BY THE PLANNIN:; a:HfiSSION. 'lb the best of my knowledge the information presented on this fom is correct. In addition, I have read Section 7.5 of the Zoning Ordinance which specifies the requiranents for conditional uses. I agree to provide information and follow the pr~ as out1~ed ~~rdinance. / / C-._L 4( ~ /--~. ~/y/y~ ~S~7~;V d/ Da~~h~ F~ CMners Signatu~Y Date ' 'mIS ~z:A;.l: ION 'It) BE FILLED OOT BY.Lllr. PLANN:IN; DIRJ:A...;J.v.r<. PLANNIN3 <DOO:SSION ~J..;&, UJUl'#W.L Arr'.l'lU'lED APP1UlID DENIED DENIED -a\TE OF IIFARIHi DM'E OF iU:I~ <DW..L-J:..LONS: c:.:___':::......~o ".t: ~\...o ry, :::.""~.:_("f n.: ""c:r~""""" ~+:~ SUPPORTING DETAIL REGARDING LAUNCHES AND ADDITIONAL PARKING REOUIRED: 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. CONDITIONAL USE BEING REOUESTED: This application is for a Conditional Use Marina to encompass the following services: I. Rental slips to include quantity of 94 permitted by the DNR in their letter recently submitted to the City of Prior Lake. 2. Rental watercraft for the operation of the Marina to include personalized watercraft, fishing boats, runabouts, ski boats, parasailing boats, sailboards, paddle boats, canoes, pontoons, and tour boat, 3. Service of watercraft engines and drive units in enclosed proposed (future) service facility. (see drawing) 4. Food service necessary for operation of Marina to incl ude pre-processed foods, processed foods on si te and all necessary snacks and beverages including future 3/2 beer license when submitted (if need be). Construction of outdoor gazebo and/or eating areas to be permitted for customer use, 5. Fuel service on lake and land (future) to include boats, snowmobiles, watercraft, and automobiles (future). 6. Retail sales of watercraft, new and used motors, parts, marine equipment and accessories, bait, tackle and other watercraft sports equipment and accessories. This will conform with other Marina facilities already in existance. 7. On premise storage of watercraft and other equipment used in connection wi th 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. VARIA~G~$ REOUESTED: 1. 75 foot lakeshore variance 2. Section 9.3C.2. Imprevious surface closer than 50 feet to the ordinary high water mark. 3. Section 9.3C 3.a. A boat ramp measuring 40 feet at 904, the ordinary high water mark, The requirement is 12 feet. 4. The Marina building is at elevation 906.49 which is in the flood plain of Prior Lake. The building will remain a legal non-conforming use since no variance is allowed. (Marina building will be rezoned at a future time) ~'~'f OF PRIOR LAKE APPLICATION FOR VARIAN:E Applicant: E:"Afrt..6 CR-6"el( PQOP6RTl6S J INC, Address: 15eb2. f;Afr~ C1~e:f:/( AV~ Ne rWAuo~.rf}I?ID6fJ Property CMner: '" MA-t"I NA) Address: Type of CMnership: Fee Contract Consul tant/Contractor: VA PIDt 25-032 -02.':1-Q Bane Phone: ~7- 4-~OD VK>rk Phone: Home Phone: VK>rk Phone: Purchase Agreenent Phone: Existing Use to A A n I to. I A lZZ c...p of Property: "'!Mil. '" Present Zoning: ../ Legal Description 5 ~ . of Variance Site: t"e- ArTAC-H eD t::Xlt1l1,-r;L\ Variance ~ested: 7~' ~~HO~e (FOR. MARINA ~L-06:), 2.5' l..AJ(~~I1OR& v'AIZIAN~ P1?t\'v1 1H~ 5;:)' se113~ ~rt PA~It.J6- LQI, 26' ~"AI RAMp WIDnt VAR.IAN~ 'FKOM tHe 12' NA)(IMLlM WIDTH, Has the awlicant previously sought to plat, rezone, obtain a variance or conditional use peonit on the subiect site or any part of it? v' Yes N:> What was requested:VAK.L4NCE TO ADD A D~CJ( Qq1~) , AM~ND ~~IN6" CER.=~ When: - ~ion: IV.A&l~t fr'MI\JJr:::.D ~ZDNtN6- C&R.TiFICAn;- W1n+D1CA~ Describe the type of improvenents proposed: .::JUmISSION ~.LREMENI'S: (AJCanpleted awlication fonn. (B)Filing fee. (C)Property SUrvey indicating the proposed developnent in relation to property lines and/or ordinary-high-water mark; proposed building elevations and drainage plan. (D) Certified from abstract fion, names and addresses of property owners within 100 feet of the exterior boundaries of the subject property. (E)Canplete legal description & Property Identification Number (PID). (F)Deed restrictions or private covenants, if applicable. (G)A parcel nap at P-20 '-50' shewing: The site developnent plan, buildings: parking, loading, access, surface drainage, landscaping and utility service. ONLY aJMPLEl'E APPLIC1\TIONS SHALL BE AC~J:w AND REVIEWED BY Ttll:; PLANNIl'G CD1MISSION. To the best of my knowledge the infoonation presented on this foon is correct. In addition, I have read Section 7.6 of the Prior Lake Zoning' Ordinance which specifies requirements for variance procedures. I agree ~ide info7:Jt' follow the procedures as outlined in the Ordinance. (~J.; ":1 J d .~ ~ , /~ ~~ts Si~7 / Sutmitted this () day of 1V\.4'j 19B (/ ~ . ~.. t// ~ee CMners SignatJilEet THIS SPACE IS 'IO BE FILLED our BY THE PIANNIN:; DIRn.:.LvR PIANNIN:; m1MISSION w:J:[ UJUL'A...ll.o APPEAL AI:~~ AI: ~.l"CI..I'lED DENIED DENIED DM'E OF HEARIN; I:l!\TE OF HEARIN; CDNDITIONS: Signature of the Planning Director Date tfP~ t ;;r /\ '\ ~ \~ ~/ ~NES~ -CU03PN" NOTICE OF HEARING FOR CONDITIONAL USE PERMIT AND VARIANCES You are hereby notified that the Prior Lake Planning Commission will hold a hearing in the City Council Chambers located at City Hall, 4629 Dakota Street S.E. on: Date: June 2, 1994 Time: 7:40 P.M. APPLICANT: Eagle Creek Properties, Inc. SUBJECT SITE: 15862 Eagle Creek Ave. N.E. (Wagon Bridge Marina) REQUEST: Eagle Creek Properties has applied to change its current legal non-conforming zoning status to a conditional use status (see attached detailed list of service proposals). Marinas are a conditional use in the R-2 residential zone in which the marina is located. The following variances are also requested. 1. A 75 foot lakeshore variance for the marina building. 2. A 25 foot lakeshore setback variance for the parking lot. The requirement is 50 feet from the Ordinary High Water mark. 3. A 28 foot boat ramp width variance. The maximum width for boat ramps is 12 feet. If you are interested in this issue, you should attend the hearing, The Planning Commission will accept oral and/or written comments. Questions related to this hearing should be directed to the Prior Lake Planning Department by calling 447-4230 between the hours of 8:00 a.m. and 4:30 p.m. Monday through Friday. Prior Lake Planning Commission Date Mailed: May 24, 1994 4629 Dakota St. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNI1Y E:\1PLQ'yER EAGLE CREEK PROPERTIES, INC. m 15862 EACLE CREEK AVENUE N.E. m PRIOR LAKE. MINNESOTA 05.s.J7~ ~12-447-4300 _ . May 3, 1994 Mr. Horst Grasser City of Prior Lake 4629 Dakota Street S.E. Prior Lake, MN 55372 Dear Hors t : Per the recommendations of the City Council and the DRC, enclosed you will find our application for Conditional Use Permit on the property known as Wagon Bridge Marina, which is owned by Eagle Creek Properties, Inc. This application already has been reviewed by the DNR, Mr. Pat Lynch, and a copy of his letter dated April 15, 1994 is also attached. His letter pertains to the permit now being issued by the DNR for the property in question to improve the service and availabili ty of slips on Prior Lake from 56 to 94 slips and also allows for maintenance dredging needed at the Marina to safely install the new dock layout. It is our understanding that the application for these slips was previously presented to the City Council in 1989 by Mr. Jim Dunn of Lakeside Properties. At that time, the City Council was very much in favor of approving the Conditional Use based on Mr. Dunn's application. Since he never followed through wi th this application, we are ini tiating 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 ~tter be given priority, as we continue with our efforts to beautify this property as a focal point on the lake and a definate needed asset to the City of Prior Lake and its residents. Regards, ~i:f!it:.k~ James W. Sentyrz, Vice President Diane E. Sentyrz, Treasurer u EACLE CREEK PROPERTIES. INC. PRIOR LAKE, MINNESOTA 05050372 612-447-4300 g _~A-027J~-Ol '~ j INNESOTA [)9oartment of 'W Natural ;:lesources D,VISIOn of . ateB PROTECTED WATERS P.". IIu.ber 88-6279 PERMIT FJursuant to "innesota Statutes, Chapter lOSt and on the basis of statements and inrorlution conta:ne: :n :'~ permit aoplication. letters, uos and plans submitted by tne aoolicant and otMers suooor~ing data, ai~ . .. are ude a cart hereor by rererence, PERIHSSIOII IS HEREBY GRANTED to the applicant nued below to change the course, cur,.ent, or cross section of the followinq: FJrotected ~ater County Upper Prior Lake (70-72) Nau of Appl icant Scott Telephone Nu.ber (include Area Cooe) Lakeside Marina c/o: James Dunn ~ddress (No. & Street, RFo, Box 110., City, State. Zip Code) 20 Cane Haze, Cane Haze, Florida 33946 Autho!"ized to: (612)447-4300 expand existing marina facility to 94 slips as shown on Valley Engineering plan revised April 5, 1989 except as modified herein. Total number of slips on each dock are as listed: Pier A - 18 slips; Pier B - 34 slips; Pier C - 23 slips; Pier D - 8 slips (rental or transient use only); Pier E - 11 slips. ?urpose of Permit: Expiration Date of Persit Commercial marina p,.operty Described as: Block 7, Grainwood S~! SW! Section 35, Townshio 115 North, As Indicated: .(8) Mav 31. County 1990 Range 22 ~est As Indicated: (ll) Scott Does Not Apnly Does Not Aooly This per.it is granted subject to the following GENERAL and SPECIAL PROVISIONS: GENERAL PROVISIONS 1. This perllli: is perllissive only and shall not release the perlllittee rrom any liaoili:y or ~::L:;3,:i:n ::n::S!:: by Minnesota Statutes. Federal Law or local ordinances relating thereto and shall remain in rorce s;,;o]e:: al~ conditions and limitations now or hereafter illlcosed by law. 2. Th,s permit is not assignable except with the written consen: or the Commissioner of Natural ~esour:es, 3. Th~ Regional Hydrologist shall be notified at least ri~e days in advance of tne commencement 0: tne .01" 3~:n:-i:~: ne~eunder and snaIL be notified of its completion "itnin rive days tMereafte~. ine nctice ~; :e--i: .".:. Oy the Commissioner shall be ke:t securely casted in a conspicuous place at tne site or ooera:lons. 4. No change shall be lIlade, wi:nout written permission previously oetaineo f~olll tne Commissi~ner of Nat;,;ral 'es=~-:e;. .n the dimensions, capacity or location or any items of "ork authorized hereunoe~. he permittee shall grant access to the site at all ~easonable times during and a;-.~ :onst~u::i=~ t:l 3~:'=~::e: reoresentatives of the Commissioner of Natural Resources for inscection of tne "ork authorizea nereu~:e~. 6. This FJerllit uy be ter.inated by the Couissioner or Natural Resources at any time he deems it tne conservation of water resources of the state, o~ in the interest or public health and "elrare, or o~ any of the provisions of this perllit, unless otherwise provid~ in the Special Pr~visions. n!:~ssar-y '/:.:::!:::- 7. Construction "ork authorized under this cerlllit shall be completed on or before cate soecifie~ above. ~:cn .r:::e" request to the Coaaissioner by the Permittee, stating the reason therefore, an extension of time lDay oe :o:ai-e:. a, ;he excavation of soil authorized herein shall not be construec to indicated above) unless the area from which such or;anic ;;at:e~ IS the apclication of bentonite after excavation. include tne removal of ,-;a~,:: ~a:,;!'" rellloved, :s impe~\;: :~s. 5~~:~: - 9. In all cases whe~e the dcing by the oermittee of anything authorized by this oer'llit snal: in;:l~e :"e :.0.:-;. using, or damaging or any property rights or interests of any other person or ;:e~scns, or of 3"y cuc.::,\ :.-:: lands or improve.ents thereon or interests therein, t:'le iH!"lIlittee. berore procee:ing the~e'.::n, S-3~' :::a:- t~e written consent of all persons, agencies, or autho~ities conce!"ned. and snaIl ac.:uire 311 or,~:e~:v, r:g-:; and interests necessary therefore, DNR ~ETRO REGION 6 TEL:612-772-7977 Apr 15 94 13:08 No.Ol3 P.Ol PHONE NO, ~ STATE OF ~[N]~~@'IT~ DEPARTMENT OF NATURAL METRO WATERS, 1200 Warner Road, St. Paul, MN 772-7910 RESOURCES 5JHM. 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 terrroinate permit 78-6279. This will streamline future dealings with the regulated marina activities. The number of permitted slips will remain at 94. The proposed dock layout you submitted is acceptable. The city has provided me verbal approval of that layout as well. Because I did not receive a reply from the Scott County Sheriff, I assume they do not object either. Because I am consolidating the two permits and adding authorization for rock riprap, it is taking a bit longer to finalize. Note that as we discussed, the 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, ~C G-r~- Patrick J. LI1Ch III Area Hydrologist c: City of Prior Lake it; ~ It, ....' "" .... ~ .... x l> ri1'ls p~rlllit is per.issive only. No liability shall be iaposed upon or incurred oy the State of "in~sota or any of its officers, agents or nployen, oFFicially or pel"sondly, on account of the !ll"anting hereoF or on accou'ri~ o~ any duage to any person or prooerty resulting fl"oa any act 01" oaission of tne peraittee or any of its agents, nployees. or contractors relating to any utter hereunder. This perlllit shall not be construed as est~::cing or li.iting any legal claillls or right of action of any person other tnan the state against :ne Dermit:ee, its ager.~s. ellloloyees, or contractors, for any da.age or injury resulting Froa any such act or oaission. (g as estoo::in; or limiting any le?al clai. or right of action of the state against the peraittee, its agents, emclovees, or contractors for violation of or failure to cOllply with the per.it or applicable provisions or l?w. No materiai excavated by authority of this per.it nor aaterial Fro. any other source, except as speciFied herein, shall be placed on any portion of the bed of said waters which lies below (as indicated above). Any extension of the surface of said waters resulting froa work authorized bv this perait shall becou protected waters and leFt open and unobstructed for use by the public. This permi: does net obviate any requirement for Federal assent Froa the U.S. Corps of Engineers, 1135 U.S. Post Office and Custom House, St. Paul, Minnesota 55101, SPECIAL PROVISIONS ~. The permittee shall comply with all rules, regulations, requirements, or standards of the Minnesota Pollution Control Agency and other applicable federal, state, or local agencies. J. 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. .J . Pier D is authorized for dispensing fuel. on Pier D. as a mooring dock for transient boaters, daily rental boats, and No seasonally rented boats or other long term mooring is allowed ., , . No additional parallel docks or temporary docks are allowed at this facility. 3. 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. 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I;,.' ~ ,- ..... ..., :~'_"l ...., ,P -,.,.;. --,-- STATE OF MINNESOTA DISTRICT COURT COUNTY OF SCOTT V I FIRST JUDICIAL DISTRICT File No. 24521 City of Prior Lake, Plaintiff, SE71'LEMEr;T l\r.REEl'~E~;T ^~D STTPULATION OF JIJDC:1'1f.:n' vs. .1 ames Dunn, d/bl a Lakes ide ~1arina, and James Dunn, individually, Defendants. \iHEREAS, ?lainti~f has comrnc~ced this action reaue~ting a ~udgment against Defe~dants, ond e~ch of the~. enjoininq the alteration, extension, or enlarge~ent of any use of the Defendant's property contrary to the zoninq certificate issued by Plaintiff on May 9, 1980, and the Resolution of the Plaintiff's City Council, dated ~ay 5, 1980; compelling Defenciants to conform their property to those uses, conditions and provis~ons set forth in said zoning certificate and resolution; an~ gra~~lng such other relief as the Court deems just and proper on the premises; and WHEREAS, the parties hereto have now negotiated a settlement of the matters referred to in Plaintiff's Complaint and desire to incorporate t~e terms and conditions of the settlement herein. NO~, THE~EFORE, in consideration of the mutual covenants hereinafter contained, it is agreed by and between the parties hereto as follows: 1. The Plaintiff shall fort~with issue to the Defendants a Zoning Certificate substantially in conformance with the proposed Zoning Certificate which is attached to this Agreement as Exhibit "A" and by reference made a part hereof. 2. The Defendants shall submit to the Plaintiff not later than January I, 1981, the Site Plan referred to in the foregoing Zoning Certificate. The Site Plan shall be prepared and certified to by a registered land surveyor and shall show in detail, to include elevations, the following: a. Oesignated drive~ay areas on the Premises; b. Designated oarking areas on the Premises; c. Designated storaqe a~ea~ O~ the ~remises and their screeni~q devices; ....... , ' ....... .. _ ~ . .". ...... ., ....... .. -.".. . '10. _ ........... ..._... _" ".. .... ..... ... ....... ... .._._..__.......... 4-:......~l~.... ~.":-' .. '':.., t ,- ........" I :~... .""f~";",\"~; -, ._ . o. .. .... _....................... .. .. .. _ d. All landsc.1o..:-q i"'or9vement:s t( be installeri ~ursuQnt to ~~ct~on 0.08 of th~ :oni~~ (erti~lcate; e. Location and co"~iour~tion of all d~cks (including the f~el and ser~ice dock) a~d ~lip~; ~nd f. Locati~n and dime"~ions of ~he business signs on tha Premises. ~ In the event that the site plan is acceptable to ?lainti~f ~s filed, or is made acceptable to Plaintiff on or before January 31, 1981, the judgment of this court shall iss~e and shall con~ain the fOllowing terms and conditions: a. Orderinq that De7~ndants shall connect the oremises described in ~l"l~ Zoning Certificate ("Premises") to municipal sewer and water not later than Ju~e 15, 1981. b. Orderin~ that Def~ndants sh~ll i,stall a "dust-free" surface on all driveway and oarr...~q areas on the Premises on or before june 15, 1981, and shall install blacktop on such nriveway and parking areas on or before June 15, 198~. c. Ordering that Defendants complete any other lMprove- ments required to conform with ~he terms and conditions of the Zoning Certiflcate and slte plan (to be specifiec in writing by r:aintiff or other such regulatory body) on or before October 15, 1981. . d. Ordering that Defendar.ts shall complete all landscaping and screening work designated on t:.~ site plan for the Premises on or before October 15, 1981. e. Ordering that Defend,nts shall remove the blue house- boat now located on the Premises on or before July 15, 1981. f. Authorize construction of all improvements to the Premises necessary or incidental to the compliance with this Settlenent Agreement ~~d oTderin~ th~t all necessar~ permits be forthwith iss~ed by ~laintiff upon due application therefore and payment of required fees by Defenda~ts without furtr.er action of Plaintiff, City Councilor Planning Commission. q. Ordering that a violation of any of the foregoing, including without limitation the zoning certificate, shall result in the entry of judgment in favor of Plaintiff and aaainst ~fendant or such other relief as the Court de~ms appropriate. 4. In ~~e event that De!encants fail to obt~in approval of ~~e Site Plan on or before January 31, 1981, this Settle=ent Agree- ment shall be null and void and the case shall be placc~ on the trial calendar at -the earliest possible date. ... ....... .... OO! ~ .... ....... .., ....~.. . -....... .......... ..:........ '"_''' _........ _.... ..... _e.... _. . ..._...__ .......-.4:" ::"~'~~l.':~..~..::: ~ :\.~ ~: :-. ~:'~..'" ~ ~"..~ . '1"."-'",; _'~ EXHIBIT A CITY OF ?RIQ~ LAKF. 4629 Dakota Stree~ So~~heast Prior Lake, ~inncsota 55372 ZONP:G CERT;:I"ICA1'E Section 1. Definitions, For the purposes of this Zoning Certificate the terms defined in this Section shall have the meanings given them. 1.01. "City" means the City of Prior Lake. 1.02. ~City Council" means the City Council of the City of Prior Lake. 1.03. "Dock" means ~ny wharf, pier, or other ~tructure or combination of wharfs, piers, or other struc~ures constructed or maintained in the lake, whether floating or not, including all "Ls", "Ts", or posts whic~ may be a cart thereof whether affixed or adjacent to the principal structure. 1.04. "Food and bev~ra~es" ~eans convenience-type !oods and beverages, which, by way of exhmple, include, but are not limited to pop, candy, "Stewart" sandwiches, and the :ike. 1.05. .Fuel and Service Dock" means a dock used only for transient uses of the c....,.......rcial establishment. 1.06. "Lake" means ?rior Lake, 1.07. .Slip. means a structure designed solely to secure a watercraft for the purpose of protecting it from damage from wind, storm, or rain; the term does not include boathouses, decks, roofs or similar structures. 1.08. .Watercraft" means any boat or vessel for use on or stored on the public waters of the lake. Section 2. Statement of pu~o~e. This Zoning Certificate is being issued pursuant to Section 6.1CB) of the Prior Lake Zoning Ordinance for the sole and exclusive purpose of per~itting the continued operation of a public, commercial marina on the premises hereinafter described (.Premises"). The issua~ce of this Zoning Certificate is based upon findings heretofore made by the City Council that ~~e continued operation of . public, commercial marina on the lake promotes the public health, safety and general welfare of the citizens of the City. It is,: therefore, the policy """'- ~.. '.. ,"-" ...... --.... -... _..~ -- , III .. t.. ... ._. . ..... ~....... .~ ...... _ .. _"....... _ ........,j ..._... _..." .... .... .. _. ........ .. ...-. -- -............... .-.....~~.~.. i.'~ . I~.' ~ ,- ...., "'. :,,".<: ....f...,..'.,.. .",. - .. - . -0 ...... ................... _.. .. 00 .. .... .. --- IN WITNESS WHEREOF. the parties hereto have executed this Agreement on this 5th day of Januarv . lq~!.. CITY OF PRIOR LAKE BY: ~c.it- e 4. '>1.tc-4 ' IT~ CITY MANAGER , ~ 1 t. AN~.!Qj' ~1 t~;! ITS MAYOR BY: LAK\SI~E MARI~A, INC. " \l~l' '-'*'. \.. 0'.- . t...l. .'h__ ITS /fR F:5 I DENr - -- / BY: LAK~SI!)E MARINA PROPF:RTIFS, \~~ j A J f'", ''___ ITS {RF.SIDF.N'1{ .~ , ~ -'-."'? ~ \.- ' Jmes ~, ~unti v.1 v ~ 1)--- \.\ '-/\:.. C tI \ ... ..... Attorney for ~fendant , INC. -' /' ./ /' " ,,-f!-~' --.! A~orner for,Plaintiff ...a.. - - .- .. ... . ~- .. .... ...... ... - .-.. - - . oo.... .... ... .. .. _. ...... ... ... ..... .. -".. ......., ..... ~... ,.-.... _ ~... ..... .... .... ......... .. .. _. __ _ ...__ ....... l-......~l~.. ".~ . t..' ~ ,- .. "y .:\,"' :0.- "..<: .... ~."...,., .;. .. ',_ _ 5.02. Repair Services. The ~arina sh~ll be authorized to perform repair services usual and customary to the operation of a marina, except for extensive structural r~pair or renovation. 5.03. Trash and Garbaae Facilities, The marina shall maintain suitable trash and garbage facilities on the Premises. 5.04. Public Toilet Facili~~es. The marina shall maintain suitable public toilet facilities on the Premises. 5. OS. Watercra ft Launchin'] Service,- The marina may provide a watercraft launching service on a fee basis with accompanying on-Premises parking for the customer's vehicle and trailer upon the following condition~: (a) Any such on-Premises parking s~,ll be confined to the areas specifically designated on the Premises for public parking. (b) In no event shall the number of customer vehicles and watercraft t~ .le:s parked on the Premises under this section 5.05 exceed five (5) at a..y one point in time. 5.06. Watercraft Rental. The marina may provide a watercraft rental service. 5.07. Retail Sales. The marina may engage in the retail sales of watercraft, new and used; motors, new and used; marine parts; ~arine equipment and accessories; fishing bait; fishing tackle And acc~ssories; and othe= water s?orts equipment and accessories. The marina may also engage in the retail sales of food and beverages insofar as such sales are incidental to the x. operation of a public, commercial marina. 5.08. Siqn. All business signs locat~d on the Premises as of the ~a~e of this Zoning Certificate shall be brought into conformity with the Prior Lake Sign Ordinance within the time frame specified therein. Se~t10n 6. OPerational Conditions. The conduct of ~ny marina . . on the Premises shall be subject to compliance with the :~.~~ing conditions and restrictions: 6.01. Parking. All parkin9 ~pon or bloCking of the designated , drivewafs and access' easements located within or about the Premises is expressly prohibited. ....... .. ... '.. ..-.. . .... ...~... .., -..... -~... .. ..... .. _ .. .. ..... .... .. '0. ..... .. ....... ........ ..~ .._.... _..... ..... ..... .... ........ 4 "_'." _ ............: ~ .~.~~.:~.. ,.0-: ~ ::;.. ~ : ..'-. ~ :'~..A: ~~ ~... .~'r.,. _., ., _. ..., ~f the City Council that to the extent consi8tent with the terms and conditions of this Zoninq Cert4ficate, any such public, commercial marina should be a marina capable of providing all services usual and cU8tom4ry to the operation of such a business. It is further the policy of the C4ty Council that the sale of goocs and services not necessary or incident~l to the operation of a public, commercial marina providing the services authorized in the Zoninq Certificate are to be prohibited on the Premises. Section 3. Leqal Descriotion. The legal description of the Premises upon which the marina operation may be conducted is as follows: All that part of Block 7 in Grainwood, Scott County, described as follows: Becinning at the Northwest corner of Lot 11 in said alock; thence Easterly along the Northerly line of sa4d Lot 11 and the extension thereof to the Westerly right-of-way line of County Road No. 21; thence Southeasterly alena said right- of-way line to the shore li~e of Prior Lake; thence Southerly and Westerly alor.q said shore line to its intersection with the Southerly extenslon of the Westerly line of Lot 18 in said Block; thence Northerly along said Wes~~rly line of Lot 18 as extended and the Westdrly line of Lots IS, 14 and 11 to the point of beginning. Section 4. Present Zoninq. The present zon4ng of the I Premises is R-2, Urban Residential, and the operation of a public, commercial marina on the Premises constitutes a non-conforming use within the R-2 Zoninq District. Section 5. Authorized Uses. The authorized uses for the Premises are as follows: 5.01. Docks and Slips; Fuel and Service Dock. The marina shall be authorized fifty-six (56) slips, of which fifty-four (54) slips may be used and al~oted by the marina at its discretion and two (2) slips shall be designatec and reserved for use by the Scott County Sherif~'s Department watercraft. The marina shall be authorized a fuel and service cock having a maximum length of two hundred twenty (220) feet. The location and configuration of the docks and slips shall conform to the Site Plan as approved by the City Council and attached hereto and by reference made a part of this Zoning Certificate. .'.."'" ,.,.- .. . '.. '~'_. . oo. ___ ... __... _,_ . .... .. - .. - ..... ...... -oo .. - .. - . -.... ... .. .........a ...... _ ~... ~... .... . - _. .... . .. _.. _. _ _..... ..... ..-.....-...1.. J.' ~~ If I:.. '" ~ ,- ........ "". :.oo ...,,! . ~. ,.:, , .. "', ... ". ..... - . .. . . ..... ..... ,- . any designated public parking area located on the Premises and may perform service and repairs thereto in place without removing them to the areas spe~ifically reserved for on-Premises marina storage. In the event that weather or other conditions require either the continuation of such on-Premis~s storage after Memorial Oay in the Spring. or the _........~.;..~,~ of such on-Premises storage prior to September IS in the Fall, soecific authority must be obtained by application to the City Council. 6.10. Overniaht Moorina or Storaae on Fuel and Service Dock. The llDorirx;J or storage of watercraft to the side of the fuel and service dock facing the channel lying to the east of the Premises at any time after the usual and customary business hours of the marina is expressly prohibited. The marina is authorized to moor overnight on the side of the fuel and service dock opposite of the channel lying to the east of the Premises not to exceed four (4) inoperable. non-marina owned watercraft in the custony and control of the marina for tqe purpose of maintenance and/or service work. Section 7. Aoollcable Law. Unless otherwise modified. vaived. enumerated or excepted herein, the operation of a public. commercial marina on the Premises shall comply with all laws. regulations and ordinances applicable thereto. including without limitation the Prior Lake Zoning Ordinance. Section 8. Persons Bound. ~e terms and conditions of this Zoning Certificate shall run with the land and shall be binding upon and 1nure to the benefit of the present owner of the Premises. its successors arid ass1gns~ provided, however. that nothing 1n this Zoning Certificate shall otherwise limit the City for regulating or zoning the Premises. Sectton 9. Effect1ve nate. This Zoning Certificate is effective on the ...5..tll.. day of JanUlIfV , 198-1-. CITY OF PRIOR_ J-AXE /.. BYI~/~f(l J/rc.L- IT YOR fh(UllJ. F1C1' ATTZST : BY: ~a. )1~~ ITS CITY MANAGER BY - ... ... .,._.. ..... ........ .0' __..,.__ ..... ....... ......... '. ....... .. ...................... ,....._..., .................. .._._._......~..l-......~l~. "..-? .t\.'~,. .......-.., :~..~ .....~...:,.,.;....,__ 6.02. Dust-Fr~~ Surface. All driveways ann parKing areas located within the Premises or us~d in connection with the operation of the matina shall be maintained with a "dust-free" surface. The application of the "dust-free" surfacing material shall be made in a way that to the fullest extent possible minimi?es the pOSSibility for pollution of the laKe. 6.03. On-Premises Storace. All on-Premises storage of 'water- craft and other equipment use~ in connection with the operation of the marina and incidental thereto shall be stored within d~siqnated storage areas on the Premises and shall comply with the approved 5i te Plan. 6.0.. parKinc 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 ".01:;. 6.05. ~afetv Standards. All fuel pumps and fuel storage tanks must conform to state and local safety rules, r~gulations and ordinances. 6.06. Exterior Lichts. All exterior lights on the Premises shall be focused to prevent projection onto any neighboring residential property. 6.07. Channel Traffi~. 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. ~ndsc~. To buffer adjoining residential properties from marina operations. the marina shall maintain all landscaping and scree~ing deJices specified on the Site Plan. 6.09. Fre-Season and Post-Season on-Premises Storaae. During the Spring of each year between "ice-out" and Memorial Day. and during the Fall of each year between September 1<; and "ice-in". the marina shall have a limited right to temporarily store customer watercraft and/or trailers on-Premises when such storaqe is incidental to the process ot (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 ~nd/or trailers on "'. "'~ .:.' ... .'<r , 3~';':~' . c:......-: "-~~ ...... . ". ~: :i.~ . . .- '.' .'~ '{ .,' .....!. , .... . 1 .:-:~ S .... .....;. {~:7l ?i~"~ .- - J ~ ". ::~ ~~.~ :J:~: --~.,:. . .~-=--=: :;~~. . ~ .":"\ . ~~ ~:~..;.., \;. "-"~"iIk.-'~~"' .:~.~., ,::_~~~;-~~'--L~ :~~._~:~~t5fi ...\. =.: "'1' :--.:....~. - , -..~... :. -"":'"....... .~. ." , . .' ",";-' I. .t ~1.~'fV~: I. The location of watercraft am dock slios are shown for illustration p.1rpOses only arrl are subj~ to a;:plicable regulations. . ." 2. F..v~ 00; 1r!;.ng additions subnitted on ":"a..rings are for infonnational o.....~ses only; this does not c:onstitut~ approval. 3. A four-foot high fen:e is to be bfillt =........11 the ~Lerly line L........ the lake to the townhouse ea5c.ucut. 4. Overflow parking area to be ~=.;'led in existing status mttil c::o...="':.:.J site ?lan is Cl,=^"",-V...:J. . .; 5. Deck ~,-,..o1 for C01'lStr1.Jc+-; ""'l subject to bul1d.in:] penn.i. t application. ~ ~~.u:. PLAN: l . # Exhibit A to Zon:in:1 Certificate dated 1/5/81 by City of Prior Lake Date:- 3anqa.r"j Jq. jqg, WaJ.ter A. stock, Mayor;p;.~Q Ii _ A:tY Michael A. McGuire, City ~. ~ a<... -vh., /I" . ~.- // ,//~ Horst Graser, Zoning Officer ~Lf(llf/f $ ~ . )' . krN.JVED: -' ~. "~:. :. :~~~- ~~. ~ :":;~;)' ~;.~. .:.<. ~ - ~~.-r~. ~.- :,~,':r ~.r~;-~;-:-";~. .;.','-:-' r "~ /.. _t .~.,~..t:.:. -.. ..... -:-'~ , " .... .' .. ," -.- . ....- ~.;..~ ... ". .-~~ ~::~i-.t:'-~~.;~- ~,,,'.' .:.... .-,... '... '. ,.' 'c:.--:-:-:: ~_..~., ::;::;;. ,...t~,... -'. . '<. :. ,./~:: ' ,'~~': .~.7 .~~. .- --r.:.~.,:,"- ,k. .... --"l~-'_.. . -..' ,.-..... . u.~. . :~~t~ .. . .~. '!. ";' ." J-.,-,' ' .. [" ~~ . '. ?L ;i li/ .:~;:}..~ .-. ~~ - ~~~'. .~ ~ "'f~ t.... _.~-4 " .. :,.'~~~-!,' . ;""l. PROPOSED CONDOMINIUMS ,,/1!f;~/ ,? ; IN>/. y ~ w a:: ~ "" ~-j:l "t '1c. PRIOR LAKE 9-27-79 EL 902.05 .....I W Z Z ~ I U GAS PUMP 3LaG ADalTION STATION SLIPS \ Planner, Horst Graser, gave a brief background of the marina, discussed the staff analysis on the application, and the following proposed changes in the marina up.:.~at:i.ons beyond the CUU':'ut zoning certificate. 1. Add 38 slips 2. PCH~~i: vp.:.~at:i.on of a tour boat and para-sailing boats. 3. CJ:-'-~at:i.on of restaurant with 3.2 beer license and outdoor seating areas, 4. Fuel service for car, snowmobiles and other land based. vehicles. 5. Unlimited storage of water craft and other related equipment incidental to the operation of a marina 6. Elimination of public launching, The meeting was opened for public discussion and the following persons addressed the Commission: Nan Miller, 3647 Garfield Avenue, Minneapolis, ~c,1-'~c..Senting the Grainwood West Homeowners Association, discussed deed restrictions contained in a 1977 restricted covenant, a 1989 permit granted by the DNR. numrer of slips, rental of Wakl~.<HI.ft, tour boats, sale of food and alcoholic beverages, and storage building. Pat Lynch of the DNR stated that they had no objection to the p~vJ:-Nsa1 with respect to the number of docks, They will have some concern regarding the impervious sUIface coverage and future buildings, Christine King - 4070 Wagon Bridge Circle also expressed a concern over the vagueness of the 1-'~v0Jsa1. Bob Paschke, President of Eagle Creek FIUp.:.l~es discussed the environmental issues, concerns of the neighbors, and expressed a willingness to negotiate with the neighbors, Rollie Thieling, 4106 Wagon Bridge Circle also expressed similar concerns as voiced by Ms. King and Ms. Miller. W~e Miller, 4094 Wagon Bridge Circle expressed similar concerns as expressed previously by the Grainwood West Association memrers. Attorney Bryce Huemreller, 16670 Franklin Trail - reminded the Commissioners that a marina is a conditional use in the R-2 district, subject to reasonable conditions, Jim SentIyz stated that he wants to CuvJ:-'-~ate with the neighbors and Diane Sentryz discussed the need for a service shop. Discussion occurred by the Planning Commissioners and they concurred that a short recess be called The meeting reconvened at 9:25 p,m. CVU.l1u:,u~ from the Commissioners were; the lack of details and concern about the parlcing of boat trailers, specifics on services 1-'~ vjJused, 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 jJ~u0Jsa1. MOTION BY RO:sbltl SECONUW BY LOFTIJS TO CONTINUE THE APPUCATION FOR A CONlJUIONAL USE t'bKMII' AND VARIANCES FOR EAGlE CREEK PROt'bKllliS (WAGON BRIDGE MARINA) TO JUNE 16,1994, AT 6:00 PM, Votes taken signified by ayes by Arnold, Loftus, Kuykendall and Roseth. MOTION CARRIED MOTION BY KUYKENDAlL,SECONDED BY LOFrUS TO ADJOURN THE M.t.h111~G. PLANNING COMMISSION June 3, 1993 Page 3 MOTION BY LOFI1JS, SECONDED BY R~bl.tI, TO APPROVE THE FOlLOWING VARIANCES FOR 15311 B~iPOINTROADNEAS Us IblJ: 1. 41' LAKESHORE VARIANCE FROM TIlE 75' LAKESHORE ~bltlACK REQUIREMENT (ON1HENuKlrlSIDEOFTHEPRurntU'l) 2. 24' LAKESHORE VARIANCE FROM THE 75' LAKESHORE ~bLI:SACK REQUIREMENT (ON1HE SOUTH SIDE OF THE PROt'bKTY) 3. 5' FRONf YARD VARIANCE FROM THE 25' FRONfYARD~bltlACKREQUIREMENT 4. .4% IM.t'.tt<.v'IOUS SURFACE VARIANCE FROM THE 30% INlltKv'IOUS SURFACE MAXllvfiJM RATIONAL BEING THAT IF AlL ~.tlJjACKS WERE APPLIED TO TIlE LOT IT WOUlD BE UNBUILDABLE, SIMILAR VARIANCES HAVE BEEN GRANl.tJ.J IN THE AREA, AND HARDSHIP IS Nor CAT..J~t=JJ BY ACTIONS OF THE APPUCANT, WITH 1HE CONDmON THAT AIL HARDWOOD1REES REMOVED BEREPLAu:.u BY2" CAl...J.t'bK OR GREAibK TREE, Votes taken signified ayes by Arnold, Loftus, Kuykendall and Roseth. MOTION CARRIED. 11 ~v1m - VARIANCE - MAxI '!HANSON Marty Hanson. 3068 170th Street Sw, addressed the Commission regarding his request for a 14' x 24' deck, and discussed what he believed to be a discrepancy in the distance of the }JlvpOsed deck addition to the centerline of County Road 12 that was lc;pl",~nted 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' County Road setback requirement The subject site is a substandard lot and was platted under the jurisdiction of Spring Lake Township. The majority of the construction that has occurred in this area was done before the 85' county road setback requirement was incorporated into the Zoning Ordinance in 1989, resulting in many structures encroaching that setback requirement Ms. Mitchell stated that staff recommends a reduction in the variance request from 40.5' to 36', which would result in a 10' x 24' deck. The P1\.)perty would maintain a 25' front yard. consistent with other plv~L,;.es in the R-1, Suburban Residential Zone. CVll.u.J..Ults from Brad Larson. Scott County Highway DepcuU.u.ent were that this }JlvpOsal is consistent with other plV~.I.L,;.es in the area, and that future upgrading of County Road 12 should not be affected by this plvpvSal. CV11.Uu:.u~ from the C~sioners were; regarding the setback, future right-of-way acquisition. and that if the applicant could prove (by a registered. surveyor) that the distance from County Road 12 is greater than what was l"'pl",sented on the present survey, the applicant may still be able to have a 14' x 24' deck with a 36.5' variance, MOTION BY LOFI1JS, SECONDED BY KUYKENDAlL, TO APPROVE A 36.5' COUNTY ROAD S.tl.t:SACK VARIANCE FROM THE 85' COUNTY ROAD 12 ~bltlACKREQUIREMENT, RATIONAL BEING 1BAT THE SITE WAS PLAil.t1J BY A PREVIOUS GOVERN1vfENT, TIlE REQUEST IS CONSISTENT WITH THE DEVELOP:tv1ENT PA11.tt<NIN THE AREA, AND IS Nor D.tl.KlMENTAL TO THE GENERALHEAITH. SAt'bl i, AND WELFARE OF THE COMMUNIrY: Votes taken signified by ayes by Arnold, Loftus, Kuykendall and Roseth, MOTION CARRIED, .I...I..tol,vlIV - CONDI110N~r.r.AMlT ANDVARIANLK'S- EAGLECRI04;t(PROJ:'JY(.J.I~~~ t Jim Sentyrz, 16910 Elm Avenue SW, owner of Wagon Bridge Marina and Eagle Creek I\v~.I.L,;.es addressed the C~sion regarding his request for upgrading the non conforming starns of the marina to a conditional use within the R-2 district PLANNING COMMISSION lune3,1993 Page 2 ..~ 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 consUl.lction. This term suggests a future building and is not part of this proposal. The required variances were not published as pan of of the Conditional Use pennit. 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 pennitted. The applicant has delineated the type of watercraft that will be for rent or lease. The marina is cUITently renting everything that has been itemized with the exception of parasailing, tour boat, and sailboards. The tour boat would make the most significant impact because of its size, parking needs, and service requirements. The zoning certificate requires the marina to maintain 34 spaces. The applicant has indicated 36 stalls which will be delineated with concrete curb stops. The Planning Commission may want to discuss the parking issue in greater detail especially the grassy area nOl1hwest of the driveway .CUOJP2. AGENDA ITEM: SUBJECT: PRESENTER: PUBLIC HEARING DATE: PLANNING REPORT 1 EAGLE CREEK PROPERTIES CONDITIONAL USE PERMIT AND VARIANCES HORST W. GRASER _YES LNO JUNE 16, 1994 INTRODUCTION: On June 2, 1994, the Planning Commission considered the above referenced subject matter. The item was continued to June 16, 1994, at 6:00 P.M" to allow the applicant an oppol1unity 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. ,DISC:lJSSION: 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 marina use. The initially proposed restaurant and gas service for on-land vehicles are not uses related to the function or incidental to the operation of a marina and therefore not a permitted use. Nan Miller, representing the Townhome association to the west also recommended that the Planning Commission be very specific in its findings. In general, the audience did not object to the dock expansion if launching services are terminated. However, those that testified wanted the marina to limit its operation to related malina functions. A comparison of the attached proposal with the existing zoning cel1ificale follows: Item 1: Item 2: Item 2A: Item 3: Item 4: This item is taken verbatim from the existin~ zonin!! cel1ificate. ~ '- The zoning certificate allows 56 slips. The proposal is for 94, an im;rease of 38 slips. The zoning certificate allows public launching with restricted on-site parking, the proposal tetminates public launching except for spring and fall launches for lakeshore homeowners. Both the current zoning certificate and proposal allows fuel service. The CUITent zoning certificate pennits 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 PHONE NO. r! STATE OF ~~~~@U~ DEPARTMENT OF NATURAL Metro Waters, 1200 Warner Road, st. 772-7910 RESOURCES June 6, 1994 Paul, MN 55106 FILE NO. . J ~@rnO\Yl[g IN 1 S94 ~\I .f/ 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 ownershio 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 ~hart out to a n~Viqable.deptllt to take water for aomestic and aar1cultqral purposes, to f1Sh, to s~:m,' and to make such other uses as waterbodies are norma.l.lY put:.. '. - . Riparian landowners must exercise their rights reasonably so as not :(;; to unreasonably interfere with the riparian rights of others. It is a public nuisance and a misdemeanor to "interfere with, obstruct, or render dangerous for passage waters used by the public" in accordance with Minnesota statutes, section 609.74. AN EQUAL OPPORTUNITY EMPLOYER Mr. Horst Graser June 6, 1994 Page 2 The long and short of it is this: if the dock in question is not regulated by the DNR pursuant to Minnesota statutes, Section 103G., we will not address the matter. It is then a civil matter which must be remedied through other means. I have typically encouraged neighbors to "work it out" so that all can fully utilize and enjoy the State's valued water resources. I truly hope this helps to clarify our jurisdiction in the matter. If you have further questions, I welcome you to call me at 772- 7910. ~~. Patrick J. n Area Hydrologist AMENDMENT TO CONDITIONAL USE PERMIT OF EAGLE CREEK PROPERTIES, INC. DATED 5/4/94 Jun.e 9, 1994 I. Pre-Sea~on rtnd Post-Season on-Premises Storaae. During the Spring of each year between "ice-out" and Memorial Day, and during the Fall of each year between September 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 pI ace without removing them to the areas specifically reserved for on- Premises Marina storage, In the event that weather or other condi tions require ei ther the continuation of such on-Premises storage after Memorial Day in the Spring, or the commencement of such on-Premises storage prior to September 15th in the Fall, specific authority must be obtained by application to the City Council, 2. Docks and Slios 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 pubri c I aunching at the Marina wi 11 be discontinued, wi th the exception of service customers and lakeshore homeowners. Lakeshore homeowners will still be allowed to launch in the spring and pull out in the fall for a one-time fee, ." 4. Retail Sales of Watercraft and Related Items The Marina may engage in the retail sales of watercraft, new and used; motors, new and used; marine parts; marine equipment and accessories; fishing bai t; fishing tackl e and accessories; and other water sports equipment and accessories. The Marina may display such items upon premises year-round and will be positioned in an area closest to building, so as not to disrupt the normal flow of traffic and parking, This area will be designated with the approval of the City of Prior Lake. (see attached Exhibit "A") 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. 6, Food Service The Marina requests that all food services necessary and incidental to the operation of the Marina include the following: Pops, candy, snacks, etc. Pre-processed foods such as sandwiches and the like. Coffees, donuts, breads, etc, pizzas, hotdogs, stewart Picnic facilities for Marina customers will be allowed on the decks surrounding the Marina, These are NOT public picnic grounds, but merely a place where customer can sit and enjoy their snacks purchased from the Marina or other facilities in Prior Lake. These include businesses such as Dominos, Green Heights, McDonalds, etc. This will not preclude the picnic facilities from being used for private enjoyment of Marina customers or employees. 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 Commission, we will be including additional handicap accessible bathrooms and parking areas in the future construction of the facilities. These will be determined once the plans are finalized. Due to the timing of this request, archi tectural drawings of proposed service building and exising building are not available. Economics also play an important role in the future construction of these facilities. Under this conditional use permit, we are only asking for the variances and conditions to be set to allow us to continue with future plans to improve and update all services at the Marina, 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, 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 Ci ty of Prior Lake to do parasai I ing during Ci ty 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 ~eserves 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, .", "" "'- ----==+- CO. RD NO. 2.1 I UG.Ll Ol'[K A~1.l (".1t..,I(1. '.......6 S UI'IIKL I I I / / ')('TIN' ASK "T1l"'''' ~..,v( w.1.t EoTR.n ...iPS. ('3\ I t'i -'lOS5 A1,,,,,.r 1)..tlC tV'RF.."W '..C.'o,/(. ",If"" '.1 ,....._..J.. _ (illllAur /IIU4 --- (AN~u ., 4'''.1:1) ~ , , . it" ..... ~UTUR.'- S"-N , ~ "', (!"",wc."M') PI ANT IY;T 41 - 'JAPAtUGl TR"" L1lA( 'SYAIN".. AHUIH.N-.'- JAPQNIO' 2 - 'SUNIlUIU;T" "o.lmoc.uST '''LUlIT'''''' "TRIClNnO", IN.....'... .:.t - '9lU~ AUG.' JUMIPU' (\..Ill'lDNi\ >>A1.6 l'OIUl~nL~' q _ ""trlWAQUl(' MYORAN'lA 'N't()U,MC;U, ,..Q.DOIU.SC.tWS' (5" TRU JORM) .~"BB) ("'5 !<or) ("3 POT) .'>j;. '''INU. 0.. HWC.ll i 1- C.LlM"Tle. 'PIoMltlllATA' 2. OONl'ls.uUH. 'c;..oLbfl.AHl' 'lONIC-LAo" ""'.KlOTTI' 2- TRU>tPLT V'Wl'Il'~NONIA' '(.AMP;"!. RAIl'UNS 2 - uOODQ,..." (VI~'INI" C.AH.PUl) 'P"'R1M,"WOC.I"'U~ ((;.ROU"O LO""R \ -LAHlUM (E,POmO D'''DNlTIlU 'QUC.ON '-lUlU' OR "\.Jilin. t4~H('" 1,.\ PoTs.I INSI.RTU I ~~5' POT. ....O/C) (llTTlR~) \.,./A.}I.. Bl'ONIA.S. - \.I"IT'- .AwOJOR. RU) -{)A . DUMP'" HIV.'-D . ",'01C.I 01 U~ Q lJOn.<;;' .l:1UI..!.JL. c.oco... QU,.,. (A.llOuNO Tr..l "N)JND COvi:.k UN1\U. PlMolTiQ AM \"n.Q~ISHID) LElllR':, 10 & BUtlT OF 2'X1lt0 TA.(,.llD ~VMe.'-R. BOULDU "OU - BOUUl[A. ~11l 12'- H' (V, SlOPE) (a...C.llt"~'i '-llUR FABRI'- \ \,JAGON BRI[)G[. MARINA 5CAlk "0'0' SIEJ.W"',(~U"T "'I+I'l.Q4 i'A~ i 2 c,ft lllG - Ex. AS" ~r U5- t J()' \ t:~..o..~~~~~~~:fc_ " . <\l:Y:~",..J~.~~~~I== .=~-= \'= .~-_. <~~ ~~'. =r.~ ~l._..~ ,~. ~.1~~. '.f,HftAUUU' J1Af~~~ GROUWD C.O'IIE.R ~- ~IP" / \ "~~~~~~ 'liILUE au.;.' "'NNU ~L flOV'-Rrt 1'- ~ .!~ -I.)'''''' -PAo~D- ~~'\~~ .(0...." '" '''''Ta.. '~~:::::"' ,.""., ~ ~i':'" · .~:.." "'::1D:" ~:..':::) (::.~~::' t ) 1lRN5. \JA1 ~ SE.[ PLANT lIioT FDA "...RllT'I-S Uli,TIN" ~ ~ ( NO, ~.t!). HO"'.,"" .,"[(, . ..E' liST \ T'"QEA \.I'LL ........ DRIY[\JAY ......... (A".''') ~~ --- - ~ LA\(( ~ -=- ~ ~ -=- '\.lAGON ~RIDGt. MARINA'" I s9"2 - [AGL[ CR[[K AV[. N.L PRIOR LAK[ ,I'-1N 55~72. ~~ SM:,Au, 1-. 10' lX.S.""'a1;~AMH.'N~UI5T (... ..... I.') "'-t'l-q.. /> P.."E 1 Of 2 PLANNING COMMISSION MINUfES JUNE 16, 1994 The June 16, 1994, Planning Commission Meeting was called to order by ChaiIman Arnold at 6:00 P.M. Those present were CV11111~sioners Roseth, Arnold. Loftus, Vonhof, Kuykendall, Director of Planning Horst Graser, Associate Planner Gina Mitchell, and Secretary Rita Schewe. Due to malfunction of the tape, a1Jl-nvval of the minutes was not recorded REVIEW MINUfES OF PREVIOUS MEETING MOTION BY LOFTUS, SECOND BY ROSETH, TO APPROVE 1HE MINUTES AS WRIl 1 t:N. Vote taken signified ayes by Amold, Roseth, Kuykendall, and Loftus. Commissioner Vonhof abstained as he was not present at the previous meeting. MOTION CARRIED, ~ lTt<.,M I. CONfINUATION ON CONDITIONAL lJSE PERMIT AND VARIAJ'l'CES; FOR EAGLE ft. CREEKPROPEKlmS Horst Graser, Planning Director, presented the infOImation as per planning repOIt dated June 16, 1994. He summarized items 1 - 8 listed in the planning repOlt. Mt: Huemoeller, presented changes to the items mentioned above for the applicant Nan Miller, 3647 Garfield Avenue South, Minneapolis, representing the Grainwood. West Townhome Association, objected to being handed a new plan upon entering the meeting, Her objections were as follows: there is no designation for storage; parking is already fIlled; adding storage to the property will cause damage to the townhome property due to the appearance of the marina property, there is no designation for the additional slippage for the Sheriffs; and lack of a legal defInition of the lakeshore associatio n. Blyce Huemoeller, 16670 Franklin Trail, explained the definition of a lakeshore association as members of lakeshore or deeded propelty that have access via an association on Prior Lake. Item 3 was summarized as adding recreation vehicles with a maximlU110f 500 polU1ds gross weight Nan Miller disagreed with the broad defmition of a recreational vehicle in item 4 because it would include non-mruina associated vehicles in an already congested area Blyce Huemoeller sUmrnaIized item 4 as specifying the limitation of retail sales of recreation vehicles by the Mruina to watercraft/recreational vehicles, related items, and motors, new and used; marine paIts, equipment, and accessOIies; and other warer SpOI15 equipment Item 5 addresses a fllntre service shop addition and building remooeling, which does require a vruiance for repairs and selVices yeaI' round for PL;rnJI:J<; ,:'::HMISS!(.tl Juri-=- 10< 1994 Pag.; 1 cg ." .' L ..~.I ~~,l~ .~. . \ 1 i~H I ~... 5 ~ . -. ~i ~: . ~ - C~ . I - ~,~ L.,.. r.;+~- ... Qc} i ~ <. a:l :: 1 ~ ~i ~ l ~ .~ ; e _ :~" . ~ t ..:'" !:~ ~;~ ~ ~ ~ ,.. -\ \., - / -- -- _ ,...,~ """_1.4 "'... ~. ___ "'''.1.:1.''(1.. ."". ,."'Jol' ~ ----- " !!: ~ ,. ,. ~ ~ u '" f ::: ~ ~. Q ~~ s .t i I ! I.~ . . ~ ~;; ,j !o i~ ! ~i ;! .... ~ : ;1 ~ ~, : ~; ~ ~; .... (, ---0 ~ 'i vi w~ ~ :" ffi ;; III I! 0. ii-a ~ I-Ii :ll: If w I!i ~ ~i': u. ~ w U! ...J :1_. ~ c w:!: I .\ ~ i! :\1 ! ~ ),~ ~.H II' ~, o 1/ li " . !;;...i inH~ .~'.Iil! -';I";;'~ a .-. 1-:-1 . "S.;!!!l i..i'~I!i:: n~::i:~H . :; "~I!I." i ~~.h"3-i' - ;:~!I~!:,i . i'~.-~-'f': i ei8~Hi!li ! =~=II:i=.I~: = i..... · ~~ . - i: . ........ 'i~:~:~B !;l:: j; p !\jl\ll~, lij~!~~il; ! ! \\\\1\\\\1 i- -I:i:.;::: -=:.. .; ;:: . -.... ....... ........ ...- . . . - c .. .. . -~ 'CU4PR:Z' PLANNING REPORT AGENDA ITEM: SUBJECT: PRESENTER: PUBLIC HEARING DATE: 3 EAGLE CREEK PROPERTIES CONDITIONAL USE PERMIT AND VARIANCES DEB GARROSS, ASSISTANT CITY PLANNER XYES _NO JULY 7,1994 INTRODUCTION: The Planning Commission has considered this item on June 2, 1994, and June 16, 1994. Both times the Planning Commission gave specific direction to the applicant to provide greater detail and additional data relative to the marina operation. The applicant has submitted a third draft of his conditional use permit proposal titled "Conditional Use Pelmit of Eagle Creek Properties, Inc. dba Wagon Bridge Marina and Services, Inc." which is attached for your review. The document was not dated. DISCUSSION: The issues relative to this operation on June 16, 1994, were as follows: 1. Storage areas of equipment incidental to the operation of a marina were to be delineated on the site plan. The text makes reference to the site plan in specific areas. The applicant however, did not submit a revised site plan, I suggest that the previously submitted site plan dated February 9, 1994, and revised June 8, 1994, be used to delineate the storage areas at this time. The applicant should then be required to revise the site plan showing any and all changes which will become part of the conditional use permit as the official development plan. 2. The application was to include definitions of recreational vehicles and lakeshore associations. The definitions are included in paragraph 2, page 2. In the recreational vehicle definition, the abbreviation, PWC, stands for personal water craft should not be used. 3. The language discussing the future service and shop addition but no plans and detail were provided, should be removed from the text. Paragraph 3, page 2, still references the need for additional storage and benefits to the marina and public, 4. The application was to be very specific in the area of retail sales specifically in the food products area. See paragraph 9, page 4, which includes a list of food items to be sold. 4629 Dakota St. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNIlY EMPLOYER watercraft/recreational vehicles, Item 6 dealt with the food service offered by the Marina "This would allow the Marina to engage in the sale of food and beverages and related selvices necessary and incidental to the operation of a commercial marina Also, the Marina would be allowed to have periodical special events, benefits, promotions and related activities on premises, subject to being in compliance with City Ordinances. Nan Miller wanted limits on the numrer and types of events. Also she eAtlH;,SSed concern about unlimited food service. She objects to special events, benefits, or promotions unless it's a sale of the related retail properry. Bryce Huemoeller argued that the limitations should be left as they are, rather than specifying exactly what is allowed The marina should be able to panicipate in special events such as community celebrations and customer appreciation days like any other business operation would. They do not want to limit what type of events they can have. Commissioner Kuykendall disagreed saying that without limitation, "etc, and the like" was too abso'act and wide open. He suggested sniking this verbage and the applicant coming back with specifics. Diane ;~entyrz, Eagle CIeek P1U~1~es, Wagon Bridge Marina. addressed the elimination of the "ere, 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 AWl\:,ciation 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 Sentyrz. She suggested limiting the hours of an event and requiring pennits to ensure compliance with City Ordinances. Ms. Miller also commented on the parking congestion. Commissioner Loftus questioned the additional uses of watercraft and the u'affic flow problems with ordering food in from other venders and rental nips. Blyce Huemoeller stated that rental is cUlTemly allowed under the zoning certificate and that the tour boat is the only rental addition. Diane Sentyrz noted that there are currently three fishing boats in the harbor, two pontoon boats for rental, four personal watercraft wavelUnners for rental, a tOUl' boat is on order, and cUll'ently there are no parasailing boats, sail boards or sailboats. Nan Miller questioned why City staff opposed in 1989 parking on lot 11 but now is not objecting to it, and also the size and number of parking spaces available for people who will be using the tour boat MarrON BY KUYKEJ.'\IDAU., SECOND BY LOFruS, TO CONTINUE THE CONDmONAL USE PERMIT AND VARIANCE FOR EAGLE CREEK PROPERTY HEARING TO JULY 7, 1994, 8:00 P.M. Vote taken signified ayes by Kuykendall, Loftus, Roseth, Arnold. and Vonhof. MarrON CARRIED. A recess was called at 7:05 P.M. The meeting was reconvened at 7:13 P.M. ITEM II . PUBLIC HEARING . GOLD NlJGGET.COMPREHENSIVE PLAN AMENDMENT) REZONING. PRELIMINARY PLAT AND V ARIANCE~ FOR KNOR HILL TIle Public Healing was called to order at 7:14 P,M. by Chairman Amold. The public was in attendance and a sign-up sheet was circulated. p~mING COMMISSION JUM 16. 1994 PCiQIii' 2 , . CONDITIONAL USE PERMIT OF EAGLE CREEK PROPERTIES, INC. dba WAGON BRIDGE MARINA & SERVICE, INC. 1. PURPOSE Eagle Creek Properties ("ECP") is applying to change its current legal non-conforming zoning status to a conditional use status. Marinas are a conditional use in the R-2 residential zone in which the marina is located, ECP is requesting this change in zoning for the sole and exclusive purpose of permitting the continued operation of a publ ie, commercial marina on the premises, The continued operation of a public, commercial marina on the lake promotes the publ ic heal th, safety and general wel fare of the citizens of Prior Lake. The marina must be allowed to provide all services usual and customary to the operation of such a business, which may include dispensing of servi~s, repairs, fuels, minor food items, and related lake use items, The Marina also serves as a base of operations for the Scott County Sheriffs Department and assists in rescues as required by the sheriffs, Any sale of goods and any services not necessary or incidental to the operation of a public, commercial marina will not be requested herein, The following variances are also requested. 1, A 75 foot lakeshore variance for the marina building. 2. A 25 foot lakeshore setback variance for the parking lot. The requirement is 50 feet from the Ordinary High Water mark, 3. A 28 foot boat ramp width variance. The maximum width for boat ramps is 12 feet. On the following pages is a revised version of the original request 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"), 5. Special events were to include a time limit and scope of the events, See paragraph 12, page 6, which limits special events to one hour after sunrise to dusk. 6. The Commission wanted an OpinIOn relative to parasailing from the City Attorney. Mr. Kessel will be at the meeting to discuss this issue. 7, The applicant was to provide the Commission with the number of rental devices currently on the site and anticipate where these devices are kept. This information has not been provided. 8, Paragraph 4, page 2, is not clear and should be reworded. Spring and fall probably refers to ice-in and ice-oue periods. The personal pronoun "those" in the beginning of the sentence is used in an ambiguous way and should be clarified. 9. Paragraph 5, page 3, should be amended to indicate Plior Lake's approval of the dock layout, The current wording suggest that the DNR has sole control over the design and number. Both Plior Lake and the DNR share this review process, Under the Conditional Use permit, the Planning Commission can certainly require changes in the number and dock layout. 10. Paragraph 10, page 5, requires sniping and the placement of curb block. The Planning Commission should specify a time frame when this work is to be completed. 11. Paragraph 11, page 5, allows the City Manager to extend the pre-season and post-season on premise storage. Specific language and criteria should be included as to the process and conditions which must exist for the continuation of such storage. 12. The text should be consistent in the use of the auxilimies shall be and is, in conjunction with the word auehOlized. 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 fuemity or pel111ission to operate, which in this case may be appropliate. .- , Page #3 5, DOCKS AND SLIPS (USAGE) The Marina shall be authorized 94 slips for general, rental usage plus two additional lift slips and dock supplied by Scott County Sheri f f in an area other than permi t t ed s I ips. This area is strategically located to allow for fast access to the lake ~n 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 wi 11 conform to the detai 1 ed drawing as submitted and approved by the DNR. Servi ce and tour boat moorings are to be I oca t ed per detai 1 ed drawing as submitted and approved by t~ DNR, 6, TOUR BOAT The Marina is authorized to operate a 45'x14' Coast Guard approved pontoon boat from the Marina for the purpose of touring Upper and Lower Prior Lakes, Hours of operation are SAM 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 th~s ~nsurance will ~e avallrn1s ~~ ~hQ ~arina to potent~al re~t~~s the DN~_ ~~~ t~ City of Prio>"" ~':]:o::. ~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, . I Page #2 2. DEFINITIONS Marina - A commercial establishment adjacent to a navigable lake providing moorings for boats and offering other suppl ies 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 pullout in the fall on a fee basis, ------- . . . 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 watercraftjpersonal- sized recreational vehicles and related items, new and used; motors, new and used; marine parts, equipment and accessories; fishing bai t, tackl e and accessories; and other water sports equipment and accessories with no limit to seasonality, The Marina may engage in the retail sales of food and beverages and related services, incidental to the operation of a commercial marina, including, but not limited to: Coffee, pop, candy, donuts, chips, snacks and other similar convenience type items, Hot dogs, bratwurst, pizza, stewart sandwiches and other similar pre-processed food items, Page #5 10. PARKING All parking upon or blocking of the designated driveways and access easements located within or about the premises is prohibited. On premises parking will be confined to the areas specifically designated for public parking, Parking areas 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 area where shown on the site plan, Related items and unloaded trailers will be stored off-site whenever possible. " 11, PRE-SEASON AND POST-SEASON ON PREMISES STORAG~ 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 AND SERVICE DOCK The mooring and storage of watercraft on the service dock facing the channel is prohibited any time after the usual and customary business hours of the Marina, The Marina is authorized to moor avernight an the side af the fuel and service dack appasite the channel, such watercraft being in the custady and cantral af the Marina for the purpase ef maintenance, service, ar rental, 12. SPECIAL EVENTS The Marina may have periadic special events, prametiens, er city wide celebratiens, These periedic events will net exceed feur (4) per year, exceed langer than ane day fram ane heur after sunrise to. dusk, These events, by way af example, can include: Handicapped fishing taurnament held in canjuct~n with the Prier Lake Spertsmans Club, Custamer Appreciatian Day, ar Baat Sho.ws, If special permits are required by the City fer these events, they will be ebtained prier to. the event, 13, Unless etherwise medified, waived, enumerated ar excepted herein, the eperatien ef this publ ic, cemmercial marina shall comply with all laws, regulations, ardinances and deed restrictians applicable thereto.. . . EAGLE CREEK PROPERTIES TRAFFIC FLOW 70~ 60 -- 50 -- I ~ 40 -- i I I ~ 30 -- I =0 ! I~ 20 -- I .~ i I:. 10 -- 1 I Holiday Mon- Thurs Sat-Sun CURRENTIPROJECTED 0-. Mon- Thurs Sat-Sun Holiday . Waverunner III Other Rental . Pontoon UIIIIll Launching . Slip a TOTALS ITEMI- FRANKBOYLES- RY-L;\WSREVIEW Ory Manager Boyles summarized the revised By-Laws. There is a need to be consistent throughout all the committees, A change for the Planning Commission is the meeting day which will now be the second and fOUlth Monday of each month at 7 :00 PM. A change in the chailman duties was stated as well as the goals and objectives of all corrnnittees. A recess was called at 7:45 P,M, and reconvened at 8:00 P.M, at which agenda Item ill was scheduled >/ IJ\ ITEM m - EAGLE CREEK PROPERTIES -CONDmONAL USE AND VARIANCES - CONTINUATION Deb GarToss, Assistant City Planner, presented the information as per planning repOlt of July 7, 1994, and the issues relative to this operation which were outlined in items numeered 1 to 12 in the Staff repOlt. TIns application has been continued from Jlme 2, and June 16, 1994. A letter from Norbert Traxler voicing an objection to the conditional use was identified. Diane Sentyrz representing Eagle Creek Properties, dba Wagon Blidge Mmina. 15862 Eagle Creek Avenue, stated the application is to change the marina from a legal non-conforming zoning status to a conditional use. The City COlmcil and the Planning Commission have already identified the need for the mmina to continue to exist on Plior Lake as is evident by Policy 7 of the Comprehensive Plan. ll1e mmina should be allowed to provide services without undue constraint The marina is operating under a Zoning Celtificate issued in 1981 by the City of Prior Lake. We are asking no less than what is clUTently allowed in the existing Zoning Certificate with the addition of 38 boat slips, All other items in the proposed conditional use request are items that the marina is allowed to do. The reason for requesting a conditional use pennit are as follows: ll1e need to incorporate the required vmiances into tl1e conditional use pennit; the removal of the public lalIDch for u"ansient u-affic; and the addition of 38 boat slips making the total 94, as already approved by DNR Nan Miller, 3647 Garfield Avenue South, Minneapolis, representing the Grainwcxxi West Townhome Association, asked for cl31ification on the two maps submitted Ms. Miller asked that any reference to fUMe and proposed expansion be removed from the application, The following items are issues of concem; a weight limit on recreational vehicles be included in the definition, hours, tom- boat operation, licenses, pm'king, policing, pm-asailing, retail sales, storage, special events, noise level, and the shared access. Jim Sentyrz, co-owner of Wagon Bridge Marina. stated tl1e mmina was in existence before any townhomes were built. The marina is uying to COlTect the u-affic problem by eliminating public lalmching, Rental craft is allowed by the zarling certificate. TI1e request is for appropriate variances for the existing building, parking lot, and boat rarnp. The proposed conditional use pelmit uses tl1e same guidelines as the existing zoning certificate Ms. G31TOSS asked the applicant to delineate the following: 1. Remove the items proposed for future proposals from the site plan. 2. Delineate the actual space on the map of the location of outside storage, 3. Show on the map the numeer of pm'king spaces and location of tl1e overflow parking ar"ea, Diane Sentyrz delineated the above requests on the map. Ms. Sentyrz also stated as a point of infOlmation that a survey had been done of the marina propelty and it showed there is no easement for the King property as was declar-ed by Mr & J\llrs. King, Commissioner Kuykendall stated parking will regulate itself and the townhome association should only be concemed about shared access issues, PLANNING COMMISSION July 7, 1994 Page 2 .c. ": 'II., ,.,I, ",l ..( 'y f n- . thcrl: loun t: f'rlo . U'e dlong ! to \se- 'lU t',- .. "'-,r.. :" ,.of . d 11 , be lTle :,a 1. I,e' "":' ..I "A.~ ......;.t ....1 . .\ ...\ :~:~?:~~: .~\:~>;~,~~f.:}<{~1~(.tP?tJ ~.ir::~:}.::::: .~.;\ ~;:,/':.~:' i: '~:.~'~/:~k~~FS'~.:~~\~/:iF~;;~~~~~f~ . . '. " ..,' ~ t..\ ..' .' ." . \.,...... ~.' ..\I..,......I.-.,..';~.. ~.tr(.'.'I!';l.\ .",.; .:. .:':. :.... .. ..'-~'.. '. .... '.'~.". ......:'1~.::'.~..~...~;..~:.:1,:...!~.~:~,~/\ , '. ;..', :~~ ,'..' ",' .;, .... . ',',:~.. wi, J. ~ . SUPPLEMENT TO CONTRACT FOR DEED DATED I-4.A r'O, 1'( 77 . It is understood and agreed that the structure now located on Lots 15 and 16, Block 7, Grainwood, may remain thereon temporarily, but that that portion of the structure now on Lot 16 shall be removed th~refrom or demolished, at the expense of parties of the second part, not later than May I, 1978. , ~. , ~ ~. J i 'I :> 1-.1( '* '" ~. ;' r, Parties of the second part agre! to transfer to first party an easel.:",'t for public water and sewer serv1ce, adequate 1n location and area to sat1sfy the requirements of the appropriate governmental agency, for the purpose of mak1ng said services available to adjOining land owned by party of the f1rst part, and agree to execute the docu- ments necessary to create such an easement. Second part1es !1ree that so long as f1rst party's adjOining land Is used for non-commerc1al purposes, then the prem1ses described here1n shall not be used for public plcn1c grounds, nor shall they be used for pub11c dln1ng or on sale beer or liquor fac11lt1es, or for camping grounds or parkln~ of travel tra11ers. Second parties further agree that no 1mprovements shall be made on said premises without the pr10r wr1tten consent of first party, unless the cost of such 1mprovements shall be less t~an Sl,OnO.Oo. Consent shall not be unreasonably withheld. Part1es of the second part and party of the first part shall share equally In the expense of proceed1ngs to have that part of Beach Drive adjOining Lot 11, Block 7, vacated, and In the expense of register1ng t1t1e to the above described premises. Taxes ~nd spec1al assessments due and payable In the year 1977 shall be shared equally by the part1es hereto. Part1es of the second part agree that, 1n the event municipal author1tles require access to the adjoln1ng lane owned by party of the first part to be of greater wirth than the easemcnt reserved over Lot 14 and the exlst1ng gravel r~adwaYi then this contract for deed shall be amend~d to. conform to t~~ requl ~ements of such mun1 cl pa I authorities. . " ,_ . 0" ". ".. ..' .....1. ,,.. ., . , In the event part1es of' 'the 'second 'part dec1de 1n the future to sell the1r 1nterest undH this' contract for deed, party of the first part. shall be offered the first opportunlty.to purchase same.. '. .. )' .... ~. ... ; , nmUNG ENTERPRISES, INC. i BY-'lJ;,(~' 1/-. ~ 1':7 I President . .:.~. . '1.n~'J'" {nn . ed.ra~ t. .;f n .11 The Planning Commission reviewed each provisions of the applicant's 1JluIJOsal, City Attorney Glenn Kessel will review the proposal and submit an amended document for the City Council, outlining the contingencies for approval of the conditional use pennit and variances. MarrON BY ROSElli, SECOND BY KUYKENDALL, TO RECOMJv1END TIIAT TIIE CITY COUNCIL APPROVE THE CONDmONAL USE PERMIT AND VARIANCES FOR EAGLE CREEK PROPEKlll:.S, INC., DBA WAGON BRIDGE MARINA AND SERVICE, INC., RATIONAL BASED ON TIlE AMENDED DOCUMENT DATED JULY 7, 1994, AND SITE PLAN EXHIBITS A AND B, Vote taken signified ayes by Roseth, Kuykendall, Arnoki, 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 - .TERRY HALLIDAY - VARIANCE Chairman Arnold advised the ClJl1JH~sioners that the information submitted by the applicant was incorrect and will be resubmitted to Staff. MOTION BY LOFTUS, SECOND BY KUYKENDALL, TO CONTINUE TIlE VARIANCE APPUCATION FOR JERRY HALLIDAY; 16604 INGUADONA BEAG! CIRCLE, TO JULY 21, 1994, AT 9:30 P.M. Vote signified ayes by Loftus, Kuykendall, Vonhof, Arnold, and Roseth. MOTION CARRIED. ITEM V - MICHAEL FISCHBACH - VARIANCE Michael Fischbach, 84 West Duck Pond Olive, West St Paul, stated he is requesting two vmiances in order to consuuct a deck on his lakefront cabin at 16244 Lakeside Avenue. A letter from his adjacent neighbor on Lot 25, Michael and Karen LOl1nser, was read into the record supporting the variance request Gina Mitchell, Associate Planner presented the infOlmation as per planning repon of July 7, 1994. The request is for a 13 foot lakeshore vmiance from the 75 foot lakeshore setback requirement and a 2 foot east sideyard valiance from the 10 foot sideymu setback requirement The subject site is a small substandm"d Lot of Record and was planed under a previous governing body. The applicant will COnSnl.lct tlle deck to save the trees on the lot The proposed improvements observe the spirit and intent of the Zoning Ordinance and substantial justice would be realized by allowing the owner of the propelty to use and develop in a manner consistent with the chmllcter of the neighborhood and special needs of lakeshore living. Hmuship is caused by the application of current zoning regulations and is not the result of the property owner. Comments from the Commissioners were on house site lines, appreciate effOlt to save tree, hardship cliteria has been met, and all were in suppon of the vmiance. MOTION BY VONHOF, SECOND BY LOFTUS, TO APPROVE A THIRltJ::.N (13) FOOT LAKESHORE VARIANCE AND A TWO (2) FOOT EAST SIDEYARD VARIA1'TCE REQUIREMENT FOR 16244 LAKESIDE AVENUE RATIONAL BEING THE Lor IS A SUBSTANDARD Lor OF RECORD, HARDSHIP IS CAUSED BY TIIE CURRENT REGUlATIONS OF TIIE ZONING ORDINANCE AND IT WOULD NOT BE DJ:: 1 KlMENTAL TO THE HEALTH AND WE..FARE OF TIIE NEIGHBORHOOD. Vote taken signified ayes by Vonhof, Loftus, ROsetll, Arnold, and Kuykendall, MOTION CARRIED. A recess was called at 9:50 EM, until the scheduled public healing at 10:00 P.M. PLANNING COMMISSION July 7.1994 Page 3 DNR ~ETRO REGION 6 TEL:612-772-7977 Apr 15 94 13:08 No,013 P,Ol PHONE NO, ~ STATE OF (N)~~~@ir~ DEPARTMENT OF NATURAL METRO WATERS, 1200 Warner Road, St. Paul, MN 772-7910 RESOURCES s;HM. April 15, 1994 Mr. Jim Sentyrz Eagle Creek Properties, Ino. 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 number of permitted slips will remain at 94. The proposed dock layout you submitted is acceptable. The city has provided me verbal approval of that layout as well. Because I did not receive a reply from the Scott County Sheriff, I assume they do not object either. Because I am conSOlidating the two permits and adding authorization for rock riprap, it is taking a bit longer to finalize. Note that as we discussed, the DNR permit only regulates the marina activities below elevation 904. Other floodplain and shore land zoning issues are to be dealt with at the local level. I hope this satisfies your immediate needs. Please call me at 772- 7910 if you ,have further questions. Sincerely, ~C (""J;llL- Patrick J. ~~1Ch III Area Rydrologist c: City of Prior Lake _!<'A-07.7n-Ol ~ INNESOTA D9Qartment 01 iw Natural Resources DlVlsl()I'I 01 aters PROTECTED WATERS P.A. /Iu.ber 88-6279 PERMIT Pursuant to Minnesota Statutes, Chapter 105. and on the basis of statements and inforution containe: in :n~ permit application, letters, nps and plans sUDmitted by the applicant and others supporting data, ail .~::" are ude a part hereof b~ reference, PERMISSION IS HEREBY GRANTED to the appliCint nued below to change the course, current, or cross section of the follovinq: Protected liIater County Scott Telephone Nu.ber (include Area Code) Upper Prior Lake (70-72) Nau of Applicant Lakeside Marina c/o: James Dunn ~ddress (No. & Street, RFD, Box No., City, State, Zip Code) 20 Cape Haze, Cape Haze, Florida 33946 Autho!"ized to: (612)447-4300 expand existing marina facility to 94 slips as shown on Valley Engineering plan revised April 5. 1989 except as modified herein. Total number of slips on each dock are as listed: Pier A - 18 slips; Pier B - 34 slips; Pier C - 23 slips; Pier D . 8 slips (rental or transient use only); Pier E · 11 slips. Purpose of Per.it: Expiration Date of Per.it Commercial marina Property Described as: Block 7. Grainwood swt swt Section 35, Township 115 North, As Indicated: .(8) May 31. 1990 County Range 22 West As Indicated: (11) Scott Does Not Apply Does Not Apply This per.it is granted subject to the folloving GENERAL and SPECIAL PROVISIONS: GENERAL PROVISIONS 1. This permit: is permissive only and shall not release the permittee from any liability or ~::ligati:n im::S!~ by Minnesota Statutes, Federal Law or local ordinances relating thereto and shall remain in force swb]e:: -. al~ conditions and limitations now or hereafter imposed by law. 2. Th,s permit is not assignable except with the written consent of the Commissioner of Natural Resources, 3. Th~ Regional Hydrologist shall be notified at least fi~e days in advance' of the commencement of tne ~ork a~:hcr::e: he~eunder and snall be notified of its completion within five days thereafter. ine netice of ~e~~:t iSLe: by the Commissioner shall be kept securely posted in a conspicuous place at tne site of operations. 4. No change shall be made, without written permission previously obtained from the Commissioner of Natwra! 'es:~r:e;. in the dimensions, ca~a:ity or location of any items of ~ork authorized hereunder, T'le permittee shall grant access to the site at all reasonable times during ard a;ter constr~:~ior. t~ a~tnor:ze~ r~presentatives of the Commissioner of Natural Resources for inspection of the work authorized nereu'~er. 6. This Per.it uy be ter.inated by the Couissioner of Natural Resources at any time he deems it the conservation of water resources of the state, or in the interest of public health and welfare, or o' any of the provisions of this permit, unless otherwise provide'd in the Special Provisions, 7. Construction work authorized under this permit shall be completed on or before cate specified above. ~:cn ....::te" request to the Co..issioner by the Permittee, stating the reason therefore, an extension of time may ~e c~:ai'o:. necessary v::.~:::;' 8. The excavation of soil authorized herein shall not be construed to include indicated above) unless the area from ~hich such or~anic matter :s removed, the application of bentonite after excavation, tne removal of ~r;ar.i: ~a:':~'" '. 3~ .. . :s lmcer\i::cS, 5~~~e: :. 9. In all cases where the doing by the permittee of anything authorized by this oerlllit snal: :n.::.e :"e t4';';. using, or dallaging of any property rights or interests of any other person or cersons, or of a"'y Cu:.::,\ :~'e: lands or improve.ents thereon or interests therein, the oermittee, before proceeding there.:th, s'a~. :::aic t!-e written consent of all persons, agencies, or authorities concerned, and snaIl acauire all ~rc:e'"tv, rig'":; and interests necessary therefore. Tn"ls ptrmit is perllissive only. No liability shall be illposed upon or incurred Py the State of "in~sota or any of its officers, agents or eaployees, officially or personally, on account of the !lranting hereof or on accou'nt of any damage to any Person or property resulting trOll any act or ollission of the perlli ttee or any of its agents. employees, or contractors relating to any utter hereunder. This permit shall not be construed as estopoing or limiting any legal claims or right of action of any person other than the state against the oer~i~~ee, its agents, employees, or contractors, for any dallage or injury resulting from any such act or ollission. cr as estopoing or- limiting any legal claim or right of action of the state against the perllittee, its agents, em;:llo.ees. or contractors for violation of or failure to comply with the perllit or applicable provisions of 1?\I. No material excavated by authority of this permit nor lIaterial frOIl any other source, except as specified herein, shall be placed on any portion of the bed of said \laters which lies below (as indicated above). Any extension of the surface of said \laters resulting frOIl work authorized by this perllit shall becou protected waters and left open and unobstructed for use by the public. This permit does not obviate any requirement for federal assent fro II the U.S. Corps of Engineers, 1135 U.S. Post Office and Custom House, St. Paul, Minnesota 55101, SPECIAL PROVISIONS 4. The permittee shall comply with all rules. regulations. requirements. or standards of the Minnesota Pollution Control Agency and other applicable federal. state. or local agencies. ) . 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. J. 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. 7. No additional parallel docks or temporary docks are allowed at this facility. 8. 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.O. J. Fax, St. Paul Waters Upper Prior Lake (70-72) file Authorized Signat~ / ~.-~ Kent LO~~./ Title Date Assistant Director I /?l/1Y S; / f~ ! RECEIPT ~o 23 75 4 6-I-qLf DATE CITY OF PRIOR LAKE 4629 DAKOTA STREET S.E., PRIOR LAKE, MN 55372 Received of &rde. CfeeUro/JerfieD ( / I whose address and/or legal description is - _. the sum of ,f( ('(~ - hj; e 1 f)~ hi (________ ~ ~ II ars for the purpose of ria ()(/, cyril m.,ti(}r---/ $ 7 r;-: rJ?) Reference Invoice No. ~.'-IKZtckG Receipt Clerk for t~ City of Prior Lake