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HomeMy WebLinkAbout1992-04-16 Resolution 3006 Zoning Variance004 . O a � XEg�O CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. =1'° RESOLUTION DIRECTING STAFF TO ISSUE A JOINT USE DOCK LICENSE TO BIG ISLAND, INC. SUBJECT TO CONDITIONS NOTED HEREIN FOR THE PERIOD OF AUGUST 26, 1991 TO DECEMBER 31, 1992 WHEREAS, the City of Orono, hereinafter "City" is a municipal corporaticn organized and existing under the laws of the State of Minnesota and has the authority and responsibility under Minnesota Statutes, State Statute 412, et. seq. and State Statute 462, et. seq.. to protect the health, safety, and general welfare of the citizens of the City and other members of the public within the City; and WHEREAS, the City shares concurrent jurisdiction over the primary harbor limit of the City of Orono with the Lake Minnetonka Conservation District and the Department of Natural Resources of the State of Minnesota; and WHEREAS, the regulation of the navigable waters involves an exercise of police power of the State, LMCD, and the City of Orono, all of which have adopted rules to ensure to all equal enjoyment of the public rights and equal protection from activity on or near the public waters and on the land within the City which, if unregulated, may be detrimental to the public health, safety and general welfare; and WHEREAS, the regulations of the DNR, LMCD, and the City of Orono regulate the property rights of the riparian owners both as to residential owners and the commercial marina owners to the extent prohibiting any interference with the public waters adjoining their property. The LMCD, DNR and City of Orono must fulfill their trusteeship over the public waters by protecting against interference by anyone, including those who assert the commonlaw rights of riparian owners, whether or not they be commercial marinas or residential owners; WHEREAS, as to Lake Minnetonka, a mutual right of enjoyment exists between and is shared by riparian owners and the public generally, no one riparian owner has exclusive privileges over Lake Minnetonka. The only additional private right that any riparian owner may have over the public generally is to construct one dock to the navigable depth of the public waters. There can be no dispute but that the public generally and each riparian owner to Lake Minnetonka has the right to use the entire surface area of Lake Minnetonka for all suitable purposes in common with all other riparian owners. This right is a right not -)nly to members of the public but the right to each riparian owner. Page 1 of 2 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. -'149 This mutual right of enjoyment which is shared by riparian owners and the public generally includes the recreational benefits of the lake such as boating and fishing therein; the riparian owner has no exclusive privileges to these rights; and WHEREAS, Lake Minnetonka is capable of substantial beneficial public use only as long as all riparian users of the lake are regulated in such a way as to ensure there is no abuse of the limited riparian rights; and WHEREAS, the City has adopted reasonable regulations regarding the construction and use of lakeshore and dock, facilities when such facilities are used and maintained by three or more families, which regulations include the annual licensing of Joint Use Docks pursuant to Section 5.42 of the Orono Municipal Code; and WHEREAS, the purpose of this Resolution is to set forth the above noted general conditions and concerns and the following special conditions as they relate to an application for an annual Joint Use Dock License described on Exhibit A attached, NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Orono hereby directs the Staff to issue a Joint Use Dock License according to the facts and conditions noted on Exhibit A attached. Adopted by the City Council of the City of Orono at their meeting on the 10th day of August, 1992. 44" L0Z6&a;i6- Barbara A. Peterson, Mayor AT T: � 1• orothy allin, City Clerk STATE OF MINNESOTA ) I ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 10th day of August, 1992, by Barbara A. Peterson & Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. LINDA S. VEE s:tL� Cl.• G'��� NOTARY PUBLIC - MINNESOTA Notary Public HENNEPIN COUNTY Y my W"WUSNOM uprM s -12-0e Page 2 of 2 CITYof ORONO RESOLUTION OF THE CITY COUNCIL NO, 3006 5. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variances for the repair of an existing swimming dock would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danager to neighboring properties; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the zoning code and Comprehensive Plan of the City. 6. The City Council has considered these applications including the findings and recommendations of the Planning Commission, reports by staff and comments of the applicant and the affect of the proposed use on the health, safety, and welfare of the community. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a conditional use permit per Municipal Zoning Code Section 10.31, Subdivision 3 (C) to permit a day use recreation area with occasional overnight camping at Record Lots 12 and 19, Big Island, for Big Island Inc., subject to the following conditions: I. Big Island Inc. shall be limited to 15 slips at the shared joint use dock. Any attempt to increase the number of slips shall require an amendment of this conditional use permit and the filing of a new conditional use permit with the appropriate notice to adjacent property owners. 2. Applicant shall file a special lot combination of Record Lots 12 and 19 with the City. 3. If at any time a special activity results in the attendance of more than 100 users at the facility, a responsible agent of the association shall apply for a large assembly permit at the City of Orono. Page 3 of 5 ,C-4-1 1° 11� 0 0 CITY of ORONO VA RESOLUTION OF THE CITY COUNCIL ��ESH04� NO. 3006 4. Applicant to provide transport to Big Island for annual inspection of existing septic system to determine if existing system meets needs of approved day use recreation area. 5. Applicant shall provide immediate fire protection for fire ring shown on site plan. Such protection is subject to the special standards developed for Island recreation areas by the City of Orono's building department. This protection shall consist of a supply of sand, water, bucket and blanket. 6. Applicant shall be responsible for submitting all proposed changes in bylaws related to membership to City for review prior to formal action by board of Big Island Inc. 7. Authorities granted by this resolution run with the property not with the applicant, but are permissive only and must be completed within one year of the date of Council approval or the special conditions of this resolution will expire on that date (August 26, 1992). 8. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the Zoning Code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 9. The undersigned representative of Big Island Inc. has read, understood and hereby agrees to the terms of this resolution and on behalf of Big Island Inc., its suc-essors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 26th day of August, 1991. ATT ST: orothy M. allin, C'Bar ara A. a ersor C r Mayor Edward J. C 1ahan, Jr., Acting Mayor Thomas Judd, an i Agent of Big Island Inc. Page 4 of 5 O 4� 0 0' t'�Est�o4`� STATE OF MINNESOTA COUNTY OF HENNEPIN CITY of ORONO RESOLUTION OF THE CITY COUNCIL N0. 3006 ss. Edward J. Callahan, Jr. Acting Mayor The foregoing instrument was acknowledged before me on this 26th day of August, 1991, by >Wafibat!✓A�/PLtLCt.W s Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. UNDA S. VEE i WW3O*T8A HENNEPIN COUNTY M'°�8-14?•n c epi /JJ ( /� Notary Public STATE CF MINNESOTA ) ss. COUNTY OF HENNEPIN ) On this /('4h day of r,1 199 2 before me a Notaia�ry Public within and for said county, personally ,4yA, appeared ThomasJudd, an authorized agent for Big Island Inc, known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. Notary Public la/IiM OOMIY w odw�a� oro �� Page 5 of 5 RESOLUTION =3006 .XHIBIT A All that part of Lot 1, Rearrangement of Lot 1, Kitchel's Subdivision of Government Lots 5 and 6 in Section 22, Township 117, Range 23, Hennepin County, Minnesota lying southwesterly of a line running from the northwesterly most corner of Lot 7, said Rearrangement of Lot 1, Kitchel's Subdivision, to the midpoint of the northwesterly line or said Lot 1, said Rearrangement of Lot 1, Kitchel's Subdivision, and also all of Lots 6, 7, 8, 9, 10, 11, 12, 13, 14 and 15, Rearrangement of Lot 1, Kitchel's Subdivision of Government Lots 5 and 6, Section 22, Township 117, Range 23, Hennepin County, Minnesota. Lots 2, 3, 4, 5 and that part of Lot 1, lying Northeasterly of a line running from the most Northwesterly corner of Lot 7 to the midpoint of the Northwesterly line of said Lot 1, all in Rearrangement of Lot 1, Kitchel's Subdivision in Government Lots 5 and 6 in Sec. 22, T. 117, R. 23, according to the recorded plat tnereof on file and of record in the office of the County Recorder, Hennepin County, Minnesota.