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� .' �� . <br /> � s � T <br /> RESOLUTION N0. 1028 <br /> � <br /> A RESOLUTION APPROVING A CONDITIONAL <br /> USE PERMIT FOR DREDGING BY DAVID DUNLAP <br /> WHEREAS, the City of Orono is a municipal corporation <br /> organized and existing und.er 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 ,a11 for purposes of regulating filling, grading, <br /> dredging, excavation and construction within the F1ood 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 /> �ommission and the City Council ; and <br /> • <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 Commissio� <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 SO-8 <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. 4 � <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, . <br /> w . � <br />