HomeMy WebLinkAboutResolution 6508v ITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO.
A RESOLUTION DIRECTING STAFF TO
650 in
ISSUE A JOINT USE DOCK LICENSE
TO PIRATES COVE HOMEOWNERS ASSOCIATION
SUBJECT TO CONDITIONS NOTED HEREIN
FOR THE PERIOD OF JANUARY 1, 2015 TO DECEMBER 31, 2015
WHEREAS, the City of Orono, hereinafter "City" is a municipal corporation
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 common law
rights of riparian owners, whether or not they be commercial marinas or residential owners; and
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.
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CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 6 508
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, an association of four off -lake property owners (hereinafter referred
to as the Pirates Cove Homeowners Association) within the subdivision Pirates Cove are
benefitted by an easement for lake access over riparian Lots 6 and 7, Pirates Cove, and have
applied to the City for a Joint Use Dock License to formally approve their use of a shared dock
system; 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: Pirates Cove Homeowners Association
Dock Address: 850-860 Windjammer Lane
Agent: Carolyn Broghammer
Address: 875 Windjammer Lane, Mound, MN 55364
Licensee is: unincorporated homeowners group
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B. BOAT DENSITY
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO f 508
The number of in-place boat slips, lifts and buoys shall not exceed 7, 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
Riparian Owners Off -lake Owners
Transient (Day use only) Slips
0
0
Permanent Moorage Slips
3
4
Boat Lifts
0
0
Subtotal Slips at Docks
3
4
Offshore Buoys
0
0
Maximum Boats in Water
3
4
Maximum Boats per Prior License
NA
NA
Maximum Boat Density
3
4
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 the attached
Exhibit A (three slips facing lakeward, one to the side). Any changes to 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.
Within the shared dock system serving the 4 off -lake properties, no more than 4
slips shall be allowed, one for each of the 4 off -lake lots, to be installed as a single
4 -slip dock system. The owners of Lots 6 and 7 shall additionally be limited to no
more than 3 total slips combined, but have the option to have those slips as part of
the shared dock structure or separate from it at their discretion, subject to LMCD
approval.
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ITT OF ORONO
RESOLUTION OF THE CITY COUNCIL
6 508
NO.
2. Each boat stored at the shared dock must be registered to one of the four non -
riparian lot owners.
3. Rental of slips is not allowed, per City Code.
4. The four (4) off -lake properties which are allowed one slip each are as follows:
Address
Lot
Block
PID
865 Windjammer Lane
1
1
07-117-23-12-0028
860 North Arm Drive
2
1
07-117-23-12-0029
875 Windjammer Lane
3
1
07117-23-12-0030
835 Windjammer Lane
4
1
07-117-23-11-0008
The two (2) riparian properties which are allowed a combine total of 3 slips are as
follows:
Address
Lot
Block
PID
850 Windjammer Lane
6
1
07-117-23-11-0010
860 Windjammer Lane
7
1
07-117-23-11-0011
5. This approval grants a 2015 Joint Use Dock License to the Pirates Cove
Homeowners Association for 4 slips and limits the riparian owners to a combined
total of 3 slips. Applicants are advised of the need to henceforth apply for a City
of Orono Joint Use Dock License annually.
6. Prior to this license becoming valid the applicants shall provide the City with a
copy of the "Re -Stated Easement Agreement" between the riparian owners and
off -lake owners.
7. Applicants are advised that this license does not grant approval for any proposed
improvements on the land such as site grading, stairways, etc. which require
separate building or zoning permits.
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.
Page 4 of 5
QTY OF ORONO
RESOLUTION OF THE CITY COUNCIL
b 508
NO.
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 Pirates Cove Homeowners Association has submitted a survey
dated August 11, 2014 which complies with Resolution No. 5990. The City further has a copy of
the as -built survey dated June 17, 2014 showing the improvements to the land encompassed by
the easement located between 850 & 860 Windjammer Lane.
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
11th day of May, 2015.
ATTEST:
Tiegs, City Cler
1k kuz��.
Lili Tod McMillan, Mayor
Page 5 of 5
Resolution
Exhibit A