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HomeMy WebLinkAboutResolution 810C Resolution No. 810 RESOLUTION GRANTING A DREDGING PERMIT TO NORTH STAR MARINA, INC. WHEREAS,,it is the overriding concern of the City of Orono to eliminate the problems created by unregulated dredging in and adjacent to Lake Minnetonka, which problems affect Lake Minnetonka and the property adjacent thereto, and WHEREAS, the city is charged with the responsibility of protecting the health, safety and welfare of the citizens of Orono and to eliminate the problems caused by illegal land use such as dredging without a permit within the City of Orono, and WHEREAS, the applicant has been notified of his illegal dredging of property adjacent to Lake Minnetonka and in Lake Minnetonka, and WHEREAS, the applicant has now provided the necessary information to the City of Orono to enable theicity to review the application to determine the adverse effects of the dredging on the environment and the properties adjacent to Lake Minne- tonka, and • WHEREAS, the City of Orono has reviewed the permits granted by the Army Corps of Engineers, the Department of Natural Resources and the Minnehaha Creek Watershed District to North Star Marina for the dredging, INOW, THEREFORE, The City Council directs the staff to issue the dredging permit for 1977 to North Star Marina to allow for dredging pursuant to the plans submitted with North Star Marina, Inc.'s application for the following reasons and subject to the following conditions: 1.. North Star Marina, Inc. has assured the city that it needs to be able to dredge pursuant to the application so that it will be able to remove the existing dock structures at the end of this marina boating season and replace those struc- tures with docks that meet the requirements of the City of Orono, the Lake Minnetonka Conservation District and the Depart- ment of Natural Resources, especially those restrictions which restrict all docks and the dock use areas to 200 feet or less from the shoreline 2. That after the dredging has been completed, the extensions of the docks close to shore, which extensions were added because of the shallowness of the water, will be removed and not replaced prior to May 1, 1978, without additional appro- val by the city. 3. That the Department of Natural Resources has approved of this limited maintenance dredging on the basis that the • applicant will reduce the size of the dock 'facilities to meet the 200 foot setback requirement by the time of ice -out in the spring of 1978. 4. That the dredging is being allowed so as to elimi- nate the need for on-site dry stack storage for the applicant, it being understood that if the applicant in the future wishes to construct on-site dry stack storage for rental slips, that the existing number of slips in the water will have to be reduced accordingly. 5. That the applicant will undertake the necessary improvements to the property, including the construction of green belt areas, berms and baffel weirs prior to the spring of 1978, in order to eliminate the cause of the sedimentation and siltation into this area of the lake, which cause in the most part is the rapid surface water runoff from the - applicant's premises. 6. That the applicant will clean the shoreline of the properties adjacent to the premises of all debris and silt which is washed on to those shorelines during and immediately after the dredging of that area on and adjacent to Lake Minnetonka. 7. In the event that the applicant fails to remove the • siltation and debris on the adjacent properties caused by the dredging, the dredging permit and any future annual licensing permit will be revoked and the applicant will be found to be in violation of the Orono Municipal Code and will be subject to the misdemeanor penalties thereof. 8. That during the dredging, the applicant will insure that any floating vegetation and debris caused by the dredging are immediately skimmed off of the water and removed from the water area. 9. That the applicant will notify the Building and Zoning Inspector each day prior to any dredging taking place on that day. 10. This limited dredging is approved also on the basis that the applicant does not presently have available to him any alternative means of providing for rental slip storage which would make up for the number of water slip storage slips that have been lost because of the low water. The applicant cannot rearrange the docks at this time because he is in the middle of the boat rental season; he does not have his new plans yet from the dock manufacturers; he does not have an alternative on -land storage system for the slips that would be lost because of the low water. n �U • 11. It should be understood by the applicant that the City of Orono is approving this application for a variance and excavation and dredging permit with great reservations given the fact that it is clear to the City of Orono that alternative methods of dry land storage may be available to the applicant which would allow for the rental of one dry land boat slip for each one lost in the water because of the low waters, that it is possible and probable that the level of Lake Minnetonka will soon increase back to the normal 929.4. 12. Nothing in this resolution in any way implies that North Star Marina, Inc.'is presently in compliance with the other provisions of the Orono Municipal Code relating to zoning and annual licensing of marinas. 13. This resolution reaffirms the granting of a permit for riprap to the applicant. Nothing in this permit shall be deemed to imply that it is necessary for the appli- cant to have a three foot water depth or a depth of water sufficient to utilize all boat slips that he presently has in order to insure that the applicant has a reasonable riparian use of the lake. The City Council specifically finds at this time that the applicant presently is overusing the riparian rights of the premises by having 95 water slips in Lake Minnetonka. • 14. Nothing in this resolution obviates the need for the applicant to obtain all permits necessary from other govern- mental bodies having jurisdiction over the dredging including but not limited to the Lake Minnetonka Conservation District, the Army Corps of Engineers, the Department of Natural Resources, and the Minnehaha Creek Watershed District. 15. Variances are hereby granted to Ordinance 31.700, 31.830, 35.174 and Ordinance 194, the Moratorium Ordinance of the Orono Municipal Code, which variances are granted subject to and contingent upon the applicant's fulfilling the require- ments of this resolution. This resolution formally sets forth the findings of fact made by the City Council at its meeting of August 8, 1977, and was adopted by a vote of 3 ayes and 0 nays. Mary Butler, Acting Mayor ATTEST: • Alberta Strom, Assistant Clerk • • The undersigned has read and understands the above resolution and agrees to be bound by the terms of paragraphs 2, 6, 8, 9, 12, and 14 thereof. NORTH TAR MARINZ---- Its- 0 BY 12"