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Resolution 1030
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Resolution 0001-7547
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Reso 1000 - 1099 (February 27, 1979 - December 11, 1979)
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Resolution 1030
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11/12/2015 10:22:21 AM
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F.esolution No. 1030 ' � • � <br /> • Page 3 � <br /> jahERE.AS , as th� population has increased around Lake <br /> Tiinnetonka , and in the T`cain �i�y Area gen�rally, it is clear that <br /> more and more p�ople have used the lake f_or sailing, rowing, fishing, - <br /> boating, bathing, skating, and other public purposes �Thich cannot <br /> be now fully entimerated or even anticipated; and <br /> . WHEREAS, I�ke Minnetonka is capable of substantial beneficial <br /> public use only as long as all ripari�n users of �he lake are regulated <br /> in such a way as to insure �hefe is no abuse of the limited riparian <br /> rights ; and ' . <br /> j�JHERE�S, the marina as a corunercial riparian owner only has <br /> limited riparian rights incident to the ownership of real estate <br /> � bordering u�on Lake �innetonka . '�he marina operator has a limited <br /> right to build and� maintain one suitable landing or� dock; on and in <br /> front of his land, and to extend the same therefrom into Lake Minne�onka <br /> . to a point of navigab ility; but, under no ciz'cumstances may he encroach <br /> into Lake Minnetonka to a� �point where he impairs the water' s navigability <br /> for other public purposes or where he unreasonably interferes with the <br /> • suriace water rights of all riparians and members of the �public generally; <br /> and <br /> WHEREAS, it is fundamental that a riparian owner' s rights are <br /> measured by the necessities and character of his use. The �narinas, <br /> for private commercial gain wish to temporarily and, in fact, permanently • <br /> alter the use of the. surface water in Lake Minnetonka. Certain sections <br /> � of the lake, once a source of excellent fishing, hav e been converted <br /> and, in fact, in the future will continue to be converted, into a <br /> commercial enterprise a'll to tY�e detriment of other riparian ow-ners and <br /> - the public. � The marinas present operat'ions and contemplated operations <br /> far exceed a reasonable use of their limited riparian rights; and <br /> WHEREAS, the most general public use of water is paramount <br /> and should take priority over excessive riparian use for commercial <br /> purposes of the lake by the marinas; and : <br /> k'HEREAS, the marinas have separated and disassociated iro� <br /> the normal riparian rights in irany sections of� the public waters on <br /> Lake Miznetonka by hav ing extended their docks out inix� Lake Minnetonka <br /> , . beyond the point of navigability and have transferred those rights to <br /> � others who do not hav e riparian rights and who are not merr►bers of the <br /> • general public who obtain access and use of Lake Minne�onka by use of , <br /> the public. access points along Lake TTinnetonka. Such com�-nercial transfers <br /> of the riparian rights of. Lake Minnetonka have resulted in an abuse of <br /> reasonable riparian access to Lake Minne�onka. Such abuses must be <br /> qualified, restricted and subordinated to the paramount rights of the <br /> public to the public waters of L.ake riinnetonka; and <br />
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