HomeMy WebLinkAboutResolution 830•
RESOLUTION N0. 830
RESOLUTION GRANTING A DREDGING
PERMIT TO NORTH SHORE DRIVE MARINA
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
Ii-IEREAS, 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 now provided the necessary information to the
City of Orono to enable the City to review the application to determine the adverse
effects of the dredging on the environment and the properties adjacent t6 Lake T
Mirmetonka, 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 Shore Drive Marina.for the dredging,
NOW, THEREFORE, the City Council directs the staff to issue the dredging
permit for 1977 to North Shore Drive ?Marina to allow for dredging pursuant to the
plans submitted with their application for the following reasons and subject to the
• following conditions:
1. North Shore Drive Marina has assured the City that it needs to be able
to operate water craft within the authorized dock use area consistent with the
requirements of the City of Orono, the Lake Minnetonka Conservation District and the
Department 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 the Department of Natural Resources had approved of this as
limited maintenance dredging.
3. 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, all as required by the previous
dry stack storage agreement.
4. 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.
S. 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.
6. All dredged materials to be removed from the Watershed. No spoils to
be deposited on the applicant's land.
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7. That during the dredging, the applicant will insure that any floating
vegetation and debris caused by the dredging are immediately skimmed off the water
and removed from the water area.
8. That the applicant will notify the Building and Zoning Inspector each
day prior to any dredging taking place on that day.
9. 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 alter-
native 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.
10. This resolution includes the granting of a permit for riprap to the
applicant should the dredging activity affect, alter or encroach upon the existing
shoreline. Nothing in this permit shall;be deemed to imply that it is necessary
for the applicant 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.
11. Nothing in this resolution obviates the need for the applicant to
obtain all permits necessary from other governmental 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.
12. Variances are hereby granted to Ordinance 31.700, 31.830, 35.174 and
Ordinance 194, the rbratorium Ordinance of the Orono Mmicipal Code, which variances
are granted subject to and contingent upon the applicant's fulfilling the requirements
of this resolution.
This resolution formally sets forth the findings of fact made by the City Council at
its meeting of September 26, 1977, and was adopted by a vote of3 ayes and 0 nays.
4 -
William B. Van Nest, Mayor
ATTEST:
jValter R. Be on, Clerk/Administrator
The undersigned has read and understands the above resolution and agrees to be bound by
the terms thereof.
Larry Hork, Owner
North Shore Drive Marina