Resolution 1001 - Laserfiche WebLink

Home Browse Search

• , . ' . • � . � - . �, ',, - ' . : , Resolution No. 1001 ' � • ' � Page 3 ' . � �` - : - . WHEREAS, as the population has increased around Lake � , Minnetonka, and in the 1�ain City �Area generally, it is clear that. � - more and m;ore people ha�e used the lake for sailing, rowing,� fishing, . boating, bathing, skating, and other public purposes which cannot � . be now fully enumerated or even anticipated; and � � WHEREAS, Lake Minnetonka is capable of substantial beneficial � public use `only as long�"as .all ripari�n users of the lake are regulated in such a way�as to insure thefe is no abuse of the limited riparian rights; and ° ..�°., � 3. . . •> > �'r . . • � • . � =. WHEREAS; � the marina as a commercial riparian owner only has limited riparian rights inc'ident to the ownership of real estate bordering upon Lake Minnetonka. The marina operator�has a limited right to build and� maintain one suitable landing or .dock, on and_ in ` front of �his `land, and to extend the same therefrom into Lake Minnetonka to a point of navigability; but, under no circumstances may he encroach � ' into Lake Minnetonka to a point where he impairs the .water's navigability for other putilic. purposes or.where he unreasonably interferes with the _ � � surface water rights of all riparians and members of the public generally; � , and . ., � • � . ', WHEREAS, it is fundamental that. a riparian owner�s' rights are . measured by the necessities �and character of his use: T'he marina$, � for private commercial gain wish to temporarily and, in fact, pernaanently alter the use 'of the surface water in Lake Minnetonka. Certain sections . � of the lake, once. a source of excellent fishing, have been converted . � ar�d, in fact, in the 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 �far exceed a reasonable use of their limited riparian rights; and WHEREAS, the most general public use of water is paramount . and should take priority over excessive riparian use for co�nercial � purposes of the .lake by the marinas; and - � WHEREAS, the marinas have separated and disassociated from the normal riparian rights in many sections of the public waters on Lake Minnetonka by having extended their docks out intu Iake Minr�etonka beyond the point of navigability and have transferred �those rights to � others who do not have riparian rights and who are not members. of the • general public who obtain access and use of Lake Minnetonka by use of . °.the public access points along Lake Minnetonka. Such co�ercial transfers of the riparian rights of Lake Minnetonka have resulted in an abuse of • reasonable riparian access to Iake Minnetonka. Such abuses must be qualified, restricted and subordinated to the paramount rights of the . public to the public waters of Lake Minnetonka; and