The URL can be used to link to this page

Home My WebLink AboutResolution 6128 � o� O �� O CITY of ORONO �,�,- � �' _`. � RESOLUTION OF THE CITY COUNCIL � h?.�.:; �� :�� ,� No. 6 1 2 9 `�kESHog'� 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 only to members of the public but the right to each riparian owner. 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 94-37 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 below: A. LICENSEE: Victoria Estates Homeowners Association Dock Address: 540 North Arm Drive Agent: Susan Wanner, Secretary Address: 460 North Arm Drive, Mound, MN 55364 Licensee is: incorporated homeowner's association Page2of5 � O� O � , O CITY of ORONO � � � �� `� � RESOLUTION OF THE CITY COUNCIL �� :�`G�� G'�'F NO. � � 2 8 ��kESH�g'� B. BOAT DENSITY The number of in-place boat slips, lifts and buoys shall not exceed six (6) as shown on the attached plan, Exhibit A, and in accordance with Resolution 938, in no case shall the number of authorized boat slips, lifts, or buoys exceed the number permitted in the prior year's license. Authorized Boat Density per attached plan: Bay North Arm Transient (Day use only) Slips 0 Permanent Moorage Slips 6 Boat Lifts 0 Subtotal Slips at Dock 6 Offshore Buoys 0 Maximum Boats in Water 6 Maximum Boats per Prior License 6 Maximum Boat Density 6 Exceeding this maximum boat density, or exceeding the number of permitted slips, lifts or buoys is a violation of this license subject to revocation and/or prosecution for violation of Section 94-37 of the Orono Municipal Code. C. DOCK LAYOUT The dock structure or layout authorized by this license shall be as shown on attached Exhibit A. Any changes in this layout shall be subject to prior review and approval of the City Council. D. SPECIAL CONDITIONS required for compliance with the ordinance of the City and/or the LMCD. The issuance of this license is subject to full compliance with these conditions. Failure to comply with these conditions is cause for license revocation and/or prosecution by the City. Page 3 of 5 � O� O �� O CITY of ORONO ,�_ �� _ �-1 � � � RESOLUTION OF THE CITY COUNCIL � � °�"'�.. � � � No. 6 �� kESH�g'� 1. Six slips are approved for Victoria Estates Homeowners Association for 2007 subject to the stipulations set forth in Resolution#962 dated December 18, 1978. 2. All boats permanently moored at this Joint Use Dock must be registered to the applicant property owners. 3. This approval grants a 2012 Joint Use Dock License to the Association for 6 slips. Applicants are advised of the need to henceforth apply for a City of Orono Joint Use Dock License annually. 4. The six properties which are each allowed one slip within the six slip multiple dock area described as follows: 440 North Arm Drive Lot 1, Block 1 Victoria Estates 460 North Arm Drive Lot 2, Block 1 Victoria Estates 520 North Arm Drive Lot 3, Block 1 Victoria Estates 540 North Arm Drive Lot 4, Block 1 Victoria Estates 560 North Arm Drive Lot 5, Block 1 Victoria Estates 580 North Arm Drive Lot 6, Block 1 Victoria Estates E. Nothing in this license shall confer upon any person for the benefit of any property any vested right to use Lake Minnetonka or the premises in a manner permitted by this resolution, but the use of Lake Minnetonka and the premises shall remain subject to such regulations and ordinances as the City and other competent regulatory authorities shall deem necessary from time to time in the public interest. F. STYROFOAM DOCK ADVISORY. Licensee is advised that the use of unprotected Styrofoam as a dock flotation material has been banned per Ordinance No. 104, Second Series. WHEREAS, on November 22, 2010, the City adopted Resolution No. 5990, establishing the policy regarding certificate of survey requirements for joint use dock licenses. WHEREAS, the Victoria Estates Homeowners Association has submitted a survey dated, April 21, 2010 which complies with Resolution No. 5990. Page4of5 � O� O �! O CITY of ORONO ��s . x�,,_ � "n' °;��,�� RESOLUTION OF THE CITY COUNCIL � �'�' NO. 61 � $ ��kESH�4� 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 above. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held this 26�' day of March, 2012. ATTEST: �.�� G!�- � . � ��r�.��. Linda S. Vee, City Clerk Lili Tod McMillan, Mayor Page 5 of 5 \�� \ � �� CERTIFICATE OF SURVEY FOR ` VICTORIA ESTATES �� 8 � � HOMEOWNERS ASSOCIATION �� sss°o32, IN OUTLOTS B & C, VICTORIA ESTATES � �� I F �� y HENNEPIN COUNTY, MINNESOTA �� ' � ��ti 5°` � i A�v�� . ' � �' <J :, I I` EkISTIN ; i oF�`�: �9z9•4 CONTOUR LINE G ��K j �-�� EDGE � ,� � f � 931.5 CONTOUR LINE � . / o O <` � , N �) � C.% � � � �_�/ i� N � ^ � h � < `'� � `% � �� a �� Q � / .`� �o��Q ` � �t.�P�� 0��v� / Z p�� I O 5 �� % w SCALE This survey shows the location of an existing dock, Z GRONBERG&ASSOCIATES�INC. �M1Bre6yceNlythetthlsaurvaywaapreperaEbymeorundermydlrectsupx- �^=50' and adjoining lawn,path and 929.4 and 931.5 Z CONSULTING ENGINEERS,LAND SURVEYORS, vlslon,and ihat I am a duly replslered CiNI Enpineer and Land Sweya unCer contours. It does not ur ort to show an other w � Me lews of the Stete ot Minnesotn DATE P P Y SITE PUWNERS improvements or encroachments. Y � 445 N VNLLOW ORIVE 4-Z'I-'I O Q LONG LAKE,MN 55358 ��/ /�-/e _ JOB NO RECE'�VED 952�473-4141 � .6ry��•sy-- Mark S.Gronberg Minneso Ucense Number 12755 10-080 MAY �0 2010 cirv oF oRorvo � � �' K N ev � O pp Q; C � = � � �