Resolution 1158 - Laserfiche WebLink

Home Browse Search

_ � Cit o� ORON � O RESOLUTION OF THE CITY COUNCIL � NO. 1158 � � • • . � '�:HE?�'vS , as t�ie population has increased around i,ake �';_.;ne`��tia, and in the Twin City �rea gen�?-ally, it is cl�ar ��at moi-e �nd r�ore people ha��e used the L��e ior sailing , rowing , `ishing , i�oat-ng , r��r,ing , s}�ati*�g , and other public purposes which car�not be now `ully enwnera�ed or c�Ten ant�cipate�; anC , ��A.E�S , Lake i��inn��_onka is capable of subs�antial beneTicial public use only as lonc as all riparinn users of the Lake �re regulated in =uch a way as to �nsure there is no abuse of the limited ?-iparian rich�s ; ana tti'�:ERFAS, the rr�arina as a commercial riparian owner only has lim��=ed riparian rights �ncident to the ownership of real estate bordering upon Lake i�innetonka. The riarina ope,rator has a limited richt to builn and maintain one suitable landing or dock , on and in i�-ont oT his land, and �o extend Lhe same therefrom into Lake '?��inneton}:a to a point oF I1nVlQabll.lty; but, under no circumstances ma�� he encroach ��-- in�o �ake Minnetonka to a point where he impairs the water ' s na�Ticability � for otner public purposes or where he unreasonably inter�e?-es kith the suriace waLer rights of all riparians and members o� the public generally; and WHEREAS , it is fundamental that a riparian owner ' s riohts are measured by the necessities and character oi his use. The marinas , for private comr�ercial aain wish to temporarily and, in zact, perr^�anently alter the use of the surface water in Lake Minnetonka. Certain sections of the lake, once a source of excellent Tisning, have been converteo anc, � in fact, in fhe future will continue to be converted, into a commercial enterprise all to the detriment of other riparian owners and the public. The marinas present operations and contemplated operations �ar exceed a reasonable use of their limited riparian rights ; and tti'HEREAS , the most oeneral public use of the water i5 Dar3I?1011?7� and should �dKe priorit�� over excessive riparian use for c�.:-_=cia� purposes of the lake by the narinas; and Y�:�ERt,FS , tne marinas nave se�araLed and d�sassoc_==�= irom the nornal riparian rights ir many sec�ions of the public ti��-s on Lake "•linnetonka by having extended their nocks out into Lal:z '�'__nnetonka beyond �he point of nacigability and hat-e transierred those r��hts �o others who do no� have riparian riahts and who are not mem^�-� o� t7e general public who obt�in access and use of Lake rSir_netonka ^-� use e� - the public access poin�s along Lake N--nne�o�ka. Such comrr��___�l �r�r,s�e=- of the riparian r�ghts of Lake Minnetc�nka rave resulted in �� a:�Lse oi reasonable riparian access to Lake P•linnetonka. Such abuse� - �st be aualified, restricted and subordinated �o the paramount ri�i:�s oi �=,e public to the public �a�ers or Lake Minn�tonka; and � PAGE 3 OF 4