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RESOLUTION NO.1028A RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR DREDGING BY DAVID DUNLAP <br />WHEREAS, the City of Orono is a municipal corporation <br />organized and existing under the laws of the State of Minnesota; and <br />WHEREAS, the City Council of the City of Orono, hereinafter <br />"Council" has adopted Ordinance 125, Ordinance 167, Ordinance 179, <br />and Ordinance 213 all for purposes of regulating filling, grading, <br />dredging, excavation and construction within the Flood Plain and <br />Wetlands Conservation Area, which area is defined as including all <br />areas below the ordinary highwater elevation of Lake Minnetonka; and <br />WHEREAS, David Dunlap has applied for a permit to dredge <br />approximately 200 cubic feet of material from the mouth of a lagoon <br />on his property, legally described as Lot 1, Lydiard's Park; and <br />WHEREAS, said application has been reviewed by the Planning <br />Commission and the City Council; and <br />WHEREAS, Section 31.830 of the Orono Municipal Code requires <br />a determination that the application is in the public interest prior <br />to issuance of any permit, <br />NOW, THEREFORE, BE IT RESOLVED, that based upon the information <br />submitted by Mr. Dunlap and based upon the review of the Planning Commissi <br />and Council, the City Council hereby makes the following Findings of Fact: <br />1. The lagoon was dredged in 1950 pursuant to DNR Permit 50-S <br />which permitted creation of the existing harbor and channel <br />imposed as a condition thereon that the same "shall be <br />considered public waters and shall be left open and <br />unobstructed for navigation by the Public", Paragraph IV <br />thereof. <br />2. The lagoon mouth has gradually closed over the last <br />28 years by encroachment of a natural sand blanket in the <br />area, i