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HomeMy WebLinkAboutResolution 1042 (Exhibit C to Resolution 1043) /� • R;SOLUTION N0. 1042 • ��HIBIT C TO RFSOLUTION N0. _1043 FINDINGS OF FACT, CONCLUSIONS AND STIPULATIONS REGARDING MAXIMUM AUTHORI7ATION FOR JOINT USE RESIDENTIAL DOCK TICENSES ISSUED TO FOXHILL HOMEOWNER' S ASSOCIATION WHEREAS, the City Council of the City of Orono has adopted in Resolution No. 938 a policy that prohibits future expansion of the number of slips licensed at Joint Use and Commercial Multiple Docks ; and WHEREAS, under Chapter 74 of the Orono Municipal Code, the City of Orono issues annual Joint Use Dock Licenses based upon the - actual number of slips to be constructed and in use during any given year ; and WHEREAS, Foxhill Homeowner' s Association, hereinafter "Foxhill" has previously applied for and been issued annual joint use dock licenses based upon the actual number of slips to be used in each year, whictt number has been less than the actual number of inembers in said Association; and • WHEREAS, Foxhill and the City Council wish to establish for the record the maximum number of slips to be authorized and licensed for Foxhill in the future consistent with the policies established in Resolution No. 938, _ NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Orono hereby makes the following findings of fact, conclusions and stipulations regarding the issuance of future joint use dock licenses ' to Foxhill Homeowner ' s Association: FINDINGS OF FACT: l . The plat of Foxhill was approved by the City of Orono on March 22, 1965, said plat including Outlot ��l having 293 feet of lakeshore on Lake Minnetonka , 2 . Each o�N-ner of the platted lots owns an undivided interest in Outlot �kl by reason of their membership in the Homeowner ' s Association, said ownership including the benefit associated with the riparian rights associated with said Outlot. . , �T � �` � � Resolution No. 1042 Exhibit C to Resolution No. 1043 • Page 2 . 3. Outlot ��1 Foxhill is located in a residential zone. No commercial activities are permitted within the zone and no commercial uses are being carried on from said property. 4. The By-Laws of the Foxhill Homeowner' s Association provide that the boat slips or �moorings are for the use and benefit of the homeowners within the plat of Foxhill and are not rented, ' leased or otherwise used by any person who is not a homeowner within , the plat of Foxhill and no income is derived fro m the use of said • slip or moo•ring by either the homeowner or the Foxhill Homeowner' s Association. � � 5. Since I969, Foxhill Homeowner's Association has been issued annual joint use dock licenses from the City of Orono, to wit: 1969, 1970, 1971 : 3 docks and 1 buoy - 1972, I973 . 4 docks and 1 buoy � 1974, 1975 . 8 slips 1976 . 10 slips • 1977, 1978 . 11 slips . . 6. Since 1973, Foxhill Homeowner' s Association has been issued a license for sixteen or more boat slips and/or moorings from � the Lake Minnetonka Conservation District on an annual basis as set forth in the records of Lake Minnetonka Conservation District, - 7. On April 8, 1974, the Orono City Council adopted a motion regarding future dock license issuance for Foxhill, to wit: " Joint Dock License - Foxhill Associatiori � Paurus moved, Welsh seconded, to appro ve the Foxhill application for slips . The Council will approve eight slips for this year only and it is the Council 's desire that the Foxhill Association will present on a yearly basis the - number of actual boats that they have to be put into the water and that the license will grant the . number of slips each year to correspond only to the number of actual boats in existence. The Council further stipulates that the maximum number • of boat slips that will ever be authorized will be sixteen. These stipulations are to be considered permanent. Motion: Ayes (5) , Nays (0) . " f . ., • Resolution No. 1042 - Exhibit C to Resolution No. 1043 Page 3 • 8, The homeowners within the plat of Foxhill relied on said motions and licenses and have been allowed to increase the number of boat slips or moorings up to its present number and have not constructed sixteen slips on an annual basis in reliance on the assumption that as the need arose, sixteen slips would be allowed. 9. Since the acceptance of the plat of Foxhill various - lots have been sold and purchased based upon representations that a � homeowner would be allowed to have a boat which could be docked on Outlot ��1, Foxhill. � 10, _ The docks and moorings located in the water adjacent of Outlot ��1 Foxhill have been and will be constructed to conform with the setback and length requirement which are provided for by the ordinances of the Lake Minnetonka Conservation District. • 11. The approval of -the plat of Foxhill and the establishment of the joint use residential dock on Outlot ��1, Foxhill predate the current Comprehensive Plan and Zoning Code of the City. CONCLUSIONS OF THE CITY COUNCIL: � . 1. The findings and conclusions of Resolution No. 938 refusing to grant increased boat density to any multiple dock licensee . are consistent with the goals and policies of the City of Orono regarding . comprehensive land use plans and the preservation of the quality of Lake Minnetonka, These findings do apply to Foxhill. 2, Prior to the adoption of Resolution No. 938, the City � Council authorized and approved up to a maximum of sixteen slips for Foxhill at the rate of one slip per residence, with no more slips to be licensed each year than the number to be actually installed. These slips shall be considered as "existing" slips for purpose of applying Resolution No. 938. • 3. An increase in the number of slips or boats to more than one boat per residence or to more than sixteen total slips for the Association would be contrary to the policies established in Resolution . No. 938. � ' t�� r � , •.. ' Resolution No. 1042 Exhibit C to Resolution No. 1043 ' • Page 4 4. The City Council therefore reaffirms the prior approval of a maximum of 16 slips , or 1 boat per residence whichever is less , . for Foxhill Homeowner' s Association, subject to the following stipulations : STIPULATIONS OF APPROVAL: 1. Construction and use of docks on Outlot ��1, Foxhill by Foxhill Homeowners Association shall remain subject to the provisions �f Chapter 74 of the Municipal Code including all the requirements for annual license applications. 2. The maximum number of slips to be licensed in the ' 'future shall not �exceed sixteen provided that for any given year, the license shall be issued for no more than one boat per residence in the Foxhill Subdivision, whichever is less. For the purposes of this Resolution, the term "slip" shall include all boats kept at docks, slips, buoys, moorings, lifts or otherwise anchored or stored at this site. • 3. No boat slip or mooring need be actually constructed for any homeowner who does not wish to dock or moor a boat during a boating season and the failure to construct a boat slip or mooring shall not be evidence of the abandonment of the right to construct a boat slip or mooring during a subsequent year. 4. AI1 boat slips shall be for the exclusive use of the owners of residential units• within the plat of Foxhill and no inc ome shall inure directly or indirectly to the Foxhill Homeowners Association or a homeowner from the use of said boat lip or mooring. 5. All boat slips and moorings shall be constructed and installed so that the dockage or moorings are within the setback and length limits that are established by the Lake Minnetonka Conservation District in their authorized dock use area regulations . 6. No storage or accessory structures shall be constructed on Outlot ��1 Foxhill and all dock parts, materials and dock sections kept on the property shall be stored in a neat and orderly fashion and any dock parts , material or dock sections which is not going to be used during the boating season shall be removed from the property by June 1, of each year. . • � � .J.• • + � • Resolution No. 1042 • Exhibit � to Resolution No. 1043 Page 5 7 . The Foxhill Homeowner' s Association will agree to deed restrictions with the City of Orono, wherein the Foxhill Homeowner' s Association agrees to waive any riparian rights that it may have to the dockage or mooring of any boats in excess of sixteen or any use of Outlot ��1, Foxhill which is inconsistent with this Resolution. 8, Foxhill Homeowner' s Association shall submit a dock layout plan to be attached to this Resolution, which plan shall show a dock structure layout designed to accommodate a maximum of sixteen slips all within the authorized d�ck use area as established by the ordinances of the Lake Minnetonka Conservation District. This dock layout shall be the basis for the layout of docks to be constructed each year according to the annual license. No part of this dock layout shall require any dredging or other alteration of the existing shoreline or lake bed to accommodate boats at the locations shown thereon. � 9 . Foxhill Homeowner' s Association shall .submit the above ' plan with each application for an annual city joint use dock license • showing thereon which slips are to be constructed that year and which slips are to be omitted that year. The maximum number of slips to be constructed each year shall not exceed the number of residences occupied � in the Foxhill Subdivision. ' 10. Nothing in this Resolution shall prohibit Foxhill from proposing revisions to the above dock layout plan provided all proposed rearrangements continue to comply with all required dock use area - regulations as they may exist at such time and provided that the maximum number of boats or slips remains the same. _ 11. Nothing in this Resolution shall confer upon Foxhill Homeowner' s Association or upon any member thereof 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. • . _� . . �:� a . .� . . • - Resolution No. 1042 � ' � Exhibit C to Resolution No. 1043 • , Page 6 ' 12. The approval of any given maximum number of slips in no way guarantees that all permitted slips can actually be constructed or used during any given season if the natural condit ion of Lake Minnetonka should affect water depth or access to the authorized dock use area, � This approval sha11 not be precedent or cause for Foxhill seeking or the City or any other agency approving any future application for dredging or dock use area variance. Adopted by the City Council of the City of Orono on the 12th day of June , 1979. � . William B. Van Nest, yor Walter B, Massengale, Acting Mayor ATTEST: L� ���' _ ' Walter . Benson, Cler inistrator • • � � .