Loading...
HomeMy WebLinkAboutCity Council Resolution 1984-875CITY OF PLYMOUTH Pursuant to due call and notice thereof, a R War eeting of the City Council of the City of Plyrquth, Minnesota, was held on the 7mth day of December 1984. The following members were present: Mayor Davenport, arc rsrain, Moen — Mells andSchneider _ The -1 o ng members were absent: Mone Councilmember Moen adoption: Introduced the following Resolution and moved its RESOLUTION NO. 84-875 REGARDING NON -CONFORMING USE STATUS AND SCOPE OF HARTY'S BOAT RENTAL OPERATIONS AT 1920 EAST MEDICINE LAKE BOULEVARD AND AT 2900 EAST MEDICINE LAKE BOULEVARD (A-828) WHEREAS, Mr. Thomas Harty, 2900 East Medicine Lake Boulevard, is the owner and operator of the non -conforming commercial business known as Harty's Boat Rental at 2900 East Medicine Lake Blvd., and the adjacent shoreland, and at 1920 East Medicine Lake Blvd. and the adjacent shoreland; and, WHEREAS, the operation involves the rental of recreational and fishing water craft, the sale of bait for fishing, the sale of fishing licenses, and the rental of docking berths, slips, lifts, and buoys for the storage of craft on the water during season; and, WHEREAS, the operation at both locations has been legally non -conforming since the residential zoning was established, at least since 1968; and, WHEREAS, the legal description of such properties are as follows: 1920 East Medicine Lake Boulevard, ALSO known as: Lots 14 & 15, Block 16 MEDICINE LAKE PARK 3RD DIVISION, Hennepin County, Minnesota. AND 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° 41' East, 153.3 feet; thence South 72° 07' West, 233.9 feet to the center line of Town Road; thence South 22° 22' East along the center line of said Town Road, 8 feet; thence South 670 01' 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; and, WHEREAS, the City Council has determined the need to define the scope of the operation to assure a common understanding by the City and by the owner of the status and limi- tations of the non -conforming use which, pursuant to Zoning Ordinance standards for non -conforming uses should not be expanded or enlarged; and, Page two Resoletion No. 84-875 WHEREAS, City Administrative staff has worked with the owner to inventory the operation at both locations, and to develop graphics which represent the scope of the operation at both locations; and, WHEREAS, the City Council is aware of intensified use of Medicine Lake for recreational purposes and for fishing, as well as the increasing urbanization of areas around Medicine Lake; and, WHEREAS, the shoreland of Medicine Lake is subject to the requirements of the State and City Shoreland Management Regulations, and other applicable regulations as administered by the Department of Natural Resources (DNR) and the Hennepin County Sheriff's Water Patrol; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does make the following findings and establish the following conditions regarding the non -conforming commercial use known as Harty's Boat Rental: 1. The scope of the operations is the seasonal rental of water craft, the rental of dock berths, boat slips, boat lifts, and anchor buoys, the sale of live bait, and the sale of fishing licenses; as well as off-season storage of water craft, all of which is described and inventoried in the staff memorandum dated December 14, 1984. • 2. Off-street parking facilities are provided as indicated on the plans staff dated December 1i, 1984, and as described in the staff memorandum dated December 14, 1984; the operation may involve the use of valet parking at peak times, and the use of the yard area north of the dwelling at 2900 East Medicine Lake Blvd. at peak times, provided said parking is not allowed to encroach upon neighboring property, or the public roadways, and provided that the parking is limited to vehicles belonging to Harty's Boat Rental customers. The parking shall be contained within the areas delineated on the submitted plans. 3. The Harty's Boat Rental operation is a non -conforming commercial use of land in a Residential Zoning District within the meaning and the requirements of the Plymouth Zoning Ordinance. Any changes to the operation as defined in the memorandum and plans described by this Resolution shall be subject to review and approval by the Lity within the limitations of the Zoning Ordinance Non -Conforming Use Standards. 4. Any proposed site modifications, physical alterations, or improvements, sich as, but not limited to paving, extension of dock piers, lifts, or the introduction of or removal of buildings, shall be reviewed and approved by the City and shall ue subject to the applicable requirements of the Zoning Ordinance, and other codes and regulations which may govern, such as Shoreland Management Regulations, regulations of the Department of Natural Resources (DNR), and regulations of the Hennepin County Sheriff's Water Patrol. . 5. The operation is subject to all applicable zoning, traffic, and nuisance regulations, and verified violation of said regulations shall serve as a basis for re-evaluating the authorized scope of the Harty's Boat Rental operations. •Page three Resolution No. 84-875 6. These findings consititute a definition of a recognized non -conforming use of land, and do not constitute the granting of variances from present Ordinance requirements. 7. A copy of this Resolution shall be appropriately filed and recorded at Hennepin County, relative to each of the properties involved. The motion for adoption of the foregoing Resolution was duly seconded by Ceuncilmember Crain and upon vote being taken thereon, the following voted in favor thereof: Ma ror Daver�artiCouncilstembers Crain�Moen, Neils and Schneider The following voted against or abstained: None /hereupon the Resolution was declared duly passed and adopted.