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RESOLUTION NO. A RESOLUTION TO DENY A CONDITIONAL USE PERMIT FOR DREDGING BY DAVID DUNLAP WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, the City Ccuncil of the City of Orono, hereinafter "Council" has adopted ordinance 125, Ordinance 167, Ordinance 179, and Ordinance 213 all for purposes of regulating filing, 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 applies f)r a permit to dredge approximately 200 cubic feet of material from the mouth of a lagoon on :t'_s property, legally described as Lot 1, Lydiard's Park; and WHEREAS, said appiication 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 submits--J '1y M- Dunlap and based upon the review by t:he Planning Commission and ^oui.-il, the City Council hereby makes the following Findings of Fact: ✓ 1. The dredging is not required to maintain riparian access to the property as there exists approximately 200 ft. of shoreline abutting Lake Minnetonka in addition to the lagoon. 2. There has previously existed a boat dock extending from the shoreline of this property directly into Crystal Bay, Lake Minnetonka, which dock was not in the lagoon. Dr. Dunlap has stated that the length of this dock would have to be "about 75' long" which is less than the 100' permitted the LMCD Ordinance.