HomeMy WebLinkAboutCity Council Resolution 2004-116CITY OF PLYMOUTH
RESOLUTION 2004-116
APPROVING A CONDITIONAL USE PERMIT TO EXTEND AND RECONFIGURE
THE DOCKS LOCATED AT 1920 AND 2900 E. MEDICINE LAKE BOULEVARD.
(2004007)
WIffiREAS, Joe Harty, representing Harty's Boats and Bait, LLC., has requested
approval of a conditional use permit to allow extension and reconfiguration the docks
located at 1920 and 2900 E. Medicine Lake Boulevard; and
WIffiREAS; the subject properties are legally described as:
1920 East Medicine Lake Boulevard:
Lot 15, Block 16, Medicine Lake Park -1 Addition
2900 East Medicine Lake Boulevard:
ALSO known as: All that part of Lots 7 and 36, Auditor's Subdivision Number
333 Hennepin County, Minnesota described as follows: Beginning at a point
896.6 feet south of the north line of Government Lot 2, Section 24, Township 118,
Range 22, and 769 feet west of the east line of said Government Lot 2; thence
south 8 degrees 41 minutes east, 153.3 feet; thence south 72 degrees 07 minutes
west, 233.9 feet to the center line of Town Road; thence south 22 degrees 22
minutes east along the center line of said Town Road, 8 feet; thence south 67
degrees 01 minutes west, 101.5 feet, more or less, to the shore of Medicine Lake;
thence northwesterly along the shore of said Medicine Lake to a point 896.6 feet
south of the north line of said Government Lot 2 and which point is on the north
line of the above described tract; thence east 413 feet, more or less, to the point of
beginning.
Resolution 2004-116
Page 2
(2004007)
WHEREAS, the Planning Commission has reviewed said request at a duly called Public
Hearing and recommends approval.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF
THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does approve the
request for a conditional use permit for Harty's Boats and Bait, LLC., subject to the
following findings and conditions:
1. The conditional use permit allows extension and reconfiguration the docks located at
1920 and 2900 E. Medicine Lake Boulevard, in accordance with the application and
plans received by the City on January 26, 2004, and revisions received on February 6,
2004, except as may be amended by this resolution.
2. The conditional use permit is approved with the finding that all applicable conditional
use permit standards are met, as follows:
a. The operation is a legally non -conforming use, as marinas in residential areas are
not allowed by the Zoning Ordinance. However, the Comprehensive Plan
considers recreation facilities to be complementary uses in the LA -1 district. The
existence of the marinas in the community has provided a benefit for residents for
many years by allowing access to boating facilities;
b. The proposed use would not be detrimental to, or endanger the public health,
safety, morals, or comfort; The changes are proposed to allow access to deeper
waters for easier navigation and for the safety of boaters;
c. The proposed use would not be injurious to the surrounding properties or to the
City as a whole; The dock configuration and the mix of boat types would be
revised, however no boats would be added by the proposal;
d. The proposed use would not impede the orderly development of the district;
e. The site is adequately served by public facilities;
f. The use would not increase the number of boats docked and no additional
parking would be required to serve the proposed reconfiguration;
g. The use is a legally non -conforming use. The ordinance allows changes to non-
conforming uses with approval of a conditional use permit.
3. Prior to installation of the proposed docks, the applicant shall obtain all applicable
permits and approvals from the Department of Natural Resources and Hennepin
County Sheriff s Water Patrol.
4. The number of boats is limited to the amount and type identified on the approved site
plans. The conditional use permit may be revoked for cause, by recommendation of
the Planning Commission and under the direction of the City Council, upon
determination that the authorized conditional use is not in conformance with the
conditions of the permit or is in continued violation of applicable regulations.
Resolution 2004-116
Page 3
(2004007)
5. The off-season boat storage area for both properties shall be limited to the existing
area and number of boats and shall not be further expanded.
6. This permit is subject to all applicable codes, regulations and ordinances, and
violation thereof shall be grounds for revocation.
7. This approval shall expire one year after the date of approval, unless the property
owner or applicant has started the project, or unless the landowner or applicant has
received prior approval from the City to extend the expiration date for up to one
additional year, as regulated under Section 21015.07 of the Zoning Ordinance.
ADOPTED by the City Council on March 23, 2004.
STATE OF MINNESOTA)
COUNTY OF HENNEPIN) SS.
The undersigned, being the duly qualified and appointed City Clerk of the City of
Plymouth, Minnesota, certifies that I compared the foregoing resolution adopted at a
meeting of the Plymouth City Council on March 23, 2004, with the original thereof on file
in my office, and the same is a correct transcription thereof.
WITNESS my hand officially as such City Clerk and the Corporate seal of the City this
day of
City Clerk