HomeMy WebLinkAboutResolution 5151 �-_ � y -- ,,
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j ��i� ��~' RESOLUTION OF THE CITY COUNCIL
�kEST�IOg' NO. � � � �
I .
j � RESOLUTION DIRECTING STAFF TO
; , ISSUE A JOINT USE DOCK LICENSE -
j TO TI3E OWNERS OF PROPERTY LOCATED AT
i 3155 NORTH SHORE DRIVE, 3185 NORTH SHORE DRIVE, �
� AND 1406 BOHN'S POINT ROAD
SUBJECT TO CONDITIONS NOTED HEREIN
' FOR THE PERIOD OF JANUARY 1, 2004 TO DECEMBER 31, 2004
i
� WH�REAS,the City of Orono,hereinafter"City"is a municipal corporation organized and existing
� under the laws of the State of Miiuiesota 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 otller members of tlie public within the City; and
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i WHEREAS, the City shares concurrent jurisdiction over the primary harbor limit of the City of
' �nrono with the Lalce Miruletonlca Coilservation District and the Department of Natural Resources of the State of
ectsliiinesota; and
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� WHEREAS,the regulation of the navigable waters involves an exercise ofpolice.power ofthe State,
iLMCD, 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 wluch,if unregulated,
j may be detrimental to the public liealth, safety and general welfare; and
;
� WHEREAS,the regulations of the DNR,LMCD,and the City of Orono regulate the propertyrights
! of the riparian owners both as to residential owners and the�commercial marina owners to the extent prolubiting any
' interference with the public waters adj oining their properry. 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
� conunon law rights of riparian owners, whether or not they be commercial marinas or residential owners;
F
e 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
� Minnetonlca. 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
s� Minnetonka for all suitable purposes in common with all other riparian owners. This right is a right not only to
C�' members of the public but the right to each riparian owner.
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• CITY OF ORONO � .
EXHIBIT A � � 5 � .
RESOLUTION NO. �
CONDITIONS OF ISSUANCE FOR ANNiJAL JOINT USE DOCK LICENSE
I. LICENSEE: Property owners of 3155 North Shore Drive, 3185 North Shore Drive and 1406 Bohns Point
Road
Dock Address: 3155 North Shore Drive
Agent: Emily Chapman
� Address: 1406 Bohns Point Road,Wayzata,MN 55391 � � '
Licensee is: XX unincorporated homeowner's group
incorporated homeowner's association
� � unincorporated cluU or recreation group
incorporated club or recreation group
other
• License Period=January 1, 2004 to December 31, 2004 �
II. BOAT DENSITY � � '
The nuxnber of in-place boat slips,lifts and buoys shall not exceed the number shown on the attached plan,Exhibit
B,and�in accordance with Resolution 93 8,in no case sha11 the number of authorized boat slips,lifts,orbuoys exceed
the number perrnitted in the prior year's license.
Authorized Boat Density per attached plan: 1
Bay Cr�
Transient (Day use only) Slips 0
Permanent Moorage Slips 3
Boat Lifts 0
, Sub-Total: Slips at Dock 3
Offshore Buoys 0
Maximum Boats in Water �.
Maximum Boats per prior license 3 '
. . MA��IMLTM BOAT DENSITY �
Exceeding this maximum boat density, or exceeding the number of permitted slips, lifts or buoys is a violation�of�
tlus license subject to revocation and/or prosecution for violation of Section 5.42 Subdivision 2 of the �Orono�
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w_ ._�- �. �
unicipal Code.
xhibit A ;� � 5 1
Resolution No.
Page 2
III. DOCK LAYOUT
The dock structure or layout authorized by this license shall be as shown on attached Exhibit B. Any chauges in this
layout shall be subj ect to prior review and approval of the City Council.
IV. SPECIAL CONDITIONS required for compliance with the ordinance of the City and/or the LMCD. The
issuance of tlus license is sttbject to full compliance with these conditions. Failure to comply with these conditions
is cause for license revocation and/or prosecution by the City.
This license is granted subject to the findings and conditions set forth in Resolution #1212 of the City
council, summarized as follows:
a) The three properties to which this Joint Use Dock License is granted are described as follows:
i) (P.I.D. #09-117-23 33 0001) "That part of Gov't Lot 1 lying East of the West 442.93 feet
thereof and North of the South 1058.3 feet thereof and South of Registered Land Survey No
269" (3155 North Shore Drive-Mandel)
• ii} (P.I.D. #09-117-23 33 0015) "Tract I and the West 28.5 feet of Tract H, Registered Land
Survey No. 269" (1406 Bohn's Point Road- Chapman)
iii) (P.I.D. #09-117-23 33 0016) "Tract G and that part of Tract H lying East of the West 28.5
feet thereof,Registered Land Survey No. 269" (3185 North Shore Drive- Aanestad)
b) There shall be only one dock allowed on the Mandel lot(P.T.D.09-117-23 33 0001)which dock shall
be no greater than 100 feet in length, and which dock must be constructed in accordance with all
� applicable City and LMCD ordinances, and which dock is intended to serve only the owners and
their successors of the 3 properties described in a) above.
c) On the Mandel lot(P.I.D.09-1 17-23 33 0001)either attached to the dock,moored in front of the lot
or located on the lot, there may not be at any time more than three watercraft, as defined by the
LMCD, either docked,moored, or stored.
d) The three watercraft allowed may be owned only by the owners of the properties described in a)
above.
V. 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 penmitted 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. � .
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