04-27-1992 Council Packet - Laserfiche WebLink

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I- t WHBRBASr because of the geoqi.aphica 1 location of the marinas and their proximity to heavy populati T/ and t.ie access to marinas by county and city roads^ and the general use of the bays of Lake Minnetonka for recreation by way of swimming, boating, fishing and water sports by the citizens of Orono, the City regulates both the on-land activit*^ ~ of marinas and the extensions of docks and mooring areas into Lake Minnetonka in the interest of public order and to protect the life, safety and welfare of the community. The City through its regulations is not licensing boats but is only licensing the marinas to the extent the marina operations affect the general public and the adjacent oroperties within the City of Orono; and WHEREAS, the City shares concurrent jurisdiction over the primary harbor limit of the City of Orono with the Lake Minnetonka Conservation bistrict and the Department of Natural Resources of the State of Minnesota; and WHERBAS, the regulation of the navigable waters involves an exercise of po'iice power of the State, LMCD, and the City of Orono, all of which have adopted rules to ensure to all equal enjoyment of the public rights and to suppress the clashing of public and pr vate interests and resulting public disorder; and WHBRBAS, the regulations of the DNR, LMCD, and the City of Orono regulate the property rights of the riparian own-rs botli as to single ^ ^ A ^ ^ ^ A ^ 1 ^ /-S m tY. V* ,1 TTl 3 >* T n 3 O T“ Cl ^ t 0Xt0Htfamily residential owners and the commercial marina owners, to prohibiting any interference with thci public waters adjoining that property. The LMCD, DNR and City of Orono must fulfill their trusteeship over the public waters by protecting against interference by anyone, including those who assert the commonlaw rights of riparian owners, whether or not they be commercial marinas or single family residential owners; and WHERBAS, as to Lake Mirnetonka, a mutual right of enjoyment exists between and is shared by riparian owners and the public generc^lly. The marinas have no exclusive privileges over Lake Minnetonka. The only •additional private right that the marina or any riparian owner may have over the public generally is to construct one dock to the navigable depth of the public waters. There can be no dispute but that the public generally and each ri.parian owner to Lake Minnetonka nas the right to use the entire surface area of Lake Minnetonka for all suitable purposes in common with all other riparian owners. This right is a right not only to members of the public but the right to each riparian owner. This mutual right of enjoyment which is shared by riparian owners and the public generally includes the recreational benefits of the Lake such as boating and fishing therein; the riparian marina has no exclusii’e privileges to these rights; and Page 2 of 5