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Home My WebLink AboutResolution 1028 � .' �� . � s � T RESOLUTION N0. 1028 � A RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR DREDGING BY DAVID DUNLAP WHEREAS, the City of Orono is a municipal corporation organized and existing und.er the laws of the State of Minnesota ; and WHEREAS, the City Council of the City of Orono, hereinafter "Council" has adopted Ordinance 125, Ordinance 167, Ordinance 179, and Ordinance 213 ,a11 for purposes of regulating filling, grading, dredging, excavation and construction within the F1ood Plain and • Wetlands Conservation Area, which area is defined as including all areas below the ordinary highwater elevation of Lake Minnetonka ; and WHEREAS, David Dunlap has applied for a permit to dredge approximately �200 cubic feet of material from the mouth of a lagoon on his property, legally described as Lot 1, Lydiard' s Park; and WHEREAS, said application has been reviewed by the Planning �ommission and the City Council ; and • WHEREAS, Section 31. 830 of the Orono Municipal Code requires a determination that the application is in the public interest prior to issuance of any permit, � NOW, THEREFORE, -BE IT RESOLVED, that based upon the information submitted by Mr. Dunlap and based upon the review of the Planning Commissio� and Council, the City Council hereby makes the following Findings of Fact:� 1. The lagoon was •dredged in 1950 pursuant to DNR Permit SO-8 which permitted creation of the °existing harbor and channel imposed as a condition thereon that the same "shall be considered public waters and shall be left open and unobstructed for navigation by the Public", Paragraph IV thereof. 4 � 2. The lagoon mouth has gradually closed over the last 28 years by encroachment� of a natural sand blanket in the area, . w . � � Resolution No. 1028 - ' Page 2 � � . • ' 3. The _present channel depth of less than half tbat . required in the permit constitutes an obstruction to� naviga tion by the public. . 4. Current DNR rules as a matter of general policy disfavor dredging and channeling in public' waters but make express exception for maintenance dredging ,of . � channels . to existing boat harbors, 6 MCAR 1 . 5022 B. 2.b. , - and further reflect a policy to protect the existing natural character of public waters and their existing shorelands , 6 MCAR 1. 5022 A. - . 5. The Counc-iI has repeatedly made findings that a� - � � _ ' dredging is detrimental to the lake; but previous ' ' dredging permits have been approved by' the �ity Council , for ma�ntenance of riparian rights . While the applicant . has other riparian shore, the shoreline is extremely • shallow requiring an unusually Iong dock to reach navigable water depth. Use of the harbor for boat docking rather than construction of a long dock on the ' shallows lakeward from other riparian access of the � applicant mitiga tes intrus ion of•vis ibl e man-ma de • improvements on the lake and avoids a navigational impairu�ent on the main lake. - - 6. The existing harbor and channel constitute a pre- - - � existing non-conforming use and the request for � inaintenance dredging therefore constitutes maintenance of a non-conforming use rather than its enlargement or replacement and therefore complies with City ordinances governing non-conforming uses. c 7. The applicant proposes to accomplish the dredging by means o,f suction dredging with on-site disposal or • clam shell dredging with off-site disposal. A. Freshwater Biological Research Foundation report ' on dredging in Lafayette Bay, Lake. Min.netonka, dated October 30, 1978, states that "clearly, suction dr�dging for channel maintenance is much less deleterious • to the body o.f water than traditional dredging practice's". FesolUtion No . 1028 Pa�e 3 • v T'he applicant has identified a spoils disposal site on his property which will contain the spoils without direct runoff back into Lake Minnetonka thereby reducing the amount of nutrients released in the lake. 8. Non-dredging may or may not create wetlands , but even if it does that the process may entail years of open, stagnant water with mosquito breeding, stench and other possible nuisance aspects injurious to neighboring property o��-ners and the public . ' NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Orono hereby approves the application of David Dunlap for a Conditional Use Pei-mit to dredge approximately 200 cubic feet of _ material from the mouth of the existing harbo� on his property, finding that such dredging � is required to maintain reasonable riparian access to the property, subject to the following stipulations : . _ • l. Dredging shall be limited to maintenance of the channel within the sco.pe of the original DNR permit and shall be done by an approved method. " 2. Spoils disposal shall be generally in the area shown on the a ttached map, Exhibit A. Prior to start of the dredging, the spoils disposal area shall be staked off and diked by hay bales or similar methods to prevent immediate runoff of water into the wetlands . If runoff water volume exceeds the capacity of the disposal area dike, the culvert under the Bohns Po�nt Road shall be temporarily plugged to prevent direct runoff into the channel toward Crystal Bay. In no case shall runoff be allowed to run directly west into Crystal Bay. The spoils disposal area shall be seeded no later than forty-five (45) days after the end of the dredging and shall be reseeded in the spring of 1980 as required to assure full erosion control. 3. If dredging is done by clam shell rather than suction, tl-�e spoils shall be removed from the site and disposed of • in a DNR approved disposal site. � . •. Pesolution No. 1028 . Page 4 • 4, The approval of tnis dredging in no way provides additional riparian access rights to I,ots 1 or 2, Lydiard ' s Park, beyond those rights existing prior to the dredging, The affected owner of said Lot 1 specifically agrees to limit all docking to one dock per lot according to the ordinances of the �ity and the LMCD, The applicant further agrees to limit all docking on his property to one dock in the harbor and to install no docks lakeward on his property so long as he is entitled to maintain the harbor and channel in accordance with its original dimensions and so long as lake levels permit the same to yield three feet of clearance, with the stipulation that the limits herein imposed shall not prohibit the launching of watercraft directly into the main lake from applicant 's property or the mooring of watercraft as buoy(s) all subject to existing or future rules and ordinances governing same. • 5. This pennit is conditioned upon permit approval by the MCWD and the DNR, The Applicant hereby agrees to these conditions . r(s) Lot 1 diard' s Park Adopted by the City Council of the City of Orono at their regular meeting on 8 da� of May ,�1979. As amended on / ' � 12 da y o f l�/a �` �� .,, � June, 1979 William B. Van Nest, Mayor� ATT ST:f Walter B. Massengale, Acting Mayor ..�,,,�' ��'alter R einson, Clerk/Administrator • . � ., . ��f�/�/i � � ��,� -�' ��s�L, i o___?s-_. , � _ � � ' � '.. . �.'. ` . . . . - . _ :�c '. .'_-_ - � • � '`r'' `. - • ' - i " '� ;'_... .°_+:�'..g • �J � r� � • �.� ._ " F� �I� t f f � 1 �j , t_`c:-'��s � �' �• � � � ��;j s �r,�� .. � � I �_•�r;� � --=� .� _ �' � �!`�-�Y .- _ i � v � �'•�� F:��E� . , I � ��` � ;�`'` � `� ` ' � e � � , ;� � i '� �.� � � �,�:� _ Y 33 ( .,. ; l , , _��i1 �;i �tl1.;; - ---- r~± - — - --' I � �}�� f • I _t'1 �� .�i� . i i .1 :'�f I� t Z l.�� Q � li j �t�r ` _` � �, .(��I�,1,:� - O fl � � . � , . � , � � '��AT � � � ° � : , .-`��` �``` ' � N� \ � . _� ��; ^ � . _ �` � i � '� �- - ; i : . � � . � � � �, �1 ��,�os CD . � � � T� l LS ��/sPLtJAL �e. �- �o� � � ; . • ,, S�c / /' � � i � I II S� rc-` . Dcs�na� � , , �i`l�:-.�s // I � 1 •--• <TS 9' -----.• l7GL 33•a . � � . .. S6�`= ' ---' � 1�' - ! . � � - i � t . .CiC°_°: 1�� = 1�?� {�iGi C 0I2 D. �i0i i 1II Tr*_� . =-Z�-�.? D �'��r �n(� r[ :{Tc :.>u.-v�,:-or �nc }'?�.r•ser L � �c D �� Ue� �•Sr,;«c�� - RPR 1 � 1979 - , • t ,, . � CITY OF ORONO ' . �' ' o,�/�'i�.�IL Cv�Y • Reso ution No. 1028 $�'�jy�Nt��D /��'A�'� • Page 4. The approval of this dredging in no way provides dditional riparian access rights to Lots 1 or 2, L diard' s Park, beyond those rights existing prior to th dredging. The affected owners of said lots spe ifically agree to limit all docking to one dock per ot according to the ordinances of the City and the CD. The appl 'cant further agrees to limit all docking on his prope ty to one dock in the harbor and to install no docks 1 keward on his property so long as he is entitled to maintain the harbor and channel in accordance with its ori inal dimensions and so long as lake levels permit the sa e to yield three feet of clearance, with the stipulatio that the limits herein imposed shall not prohibit the la ching of watercraft directly into the main lake from ap licant ' s property or the mooring of watercraft as buo s) all subject to existing or future rules and ordinance governing same. • 5. This permit is co ditioned upon permit approval by the MCWD and the DNR. The Owners of Lots 1 and 2, Lydiard' s Park, hereby agree to these conditions and further agree o having this Resolution recorded in the chain of title of their respe ive properties: ,`\ � - _ � � � � � er(s) Lo , Lydiard s Park Owne (s) Lot 2, Lydiard' s Park Adopted by the City Council of the City of Oron thei re ular meeting on 8th day of May , . � f L, �,/ illiam B. Van Nest, or AT EST: � Walter . Benson, Clerk/Administrator •