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RESOLUTION NO. 1028 A RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR DREDGING BY DAVID DUNLAP WHEREAS, the Clity of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, the City Council of the City of Orono, hereinafter "Council" has adopted Ordinance 125, Ordinance 167, Ordinance 179, and Ordinance 213 all for purposes of regulating filling, grading, dredging, excavation and construction within the Flood Plain and Wetlands Conservation Area, which area is defined as including all areas below the ordinary highwater elevation of Lake Minnetonka; and WHEREAS, David Dunlap has applied for a permit to dredge approximately 200 cubic feet of material from the mouth of a lagoon on his property, legally described as Lot 1, Lydlard's Park; and WHEREAS, said application has been reviewed by the Planning commission and the City Council; and WHEREAS, Section 31.830 of the Orono Municipal Code requires a determination that the application is in the public interest prior to issuance of any permit, NOW, THEREFORE, BE IT RESOLVED, that based upon the information submitted by Mr. Dunlap and based upon the review of the Planning Commissio. and Council, the City council hereby makes the following Findings of Fact: I. The lagoon was dredged in 1950 pursuant to DNR Permit 50-8 which permitted _reation of the existing harbor and channel imposed as a condition thereon that the same "shall be considered public waters and shall be left open and unobstructed for navigation by the Public', Paragraph IV thereof. 2. The lagoon mouth has gradually closed over the las'. 28 years by encroachment of a natura' sand blanket in the area.