HomeMy WebLinkAboutResolution 989RESOLUTION N0, 989
A RESOLUTION REGARDING GAYLES
MARINA DOCK COMPLIANCE
WHEREAS, the City of Orono and the Lake Minnetonka
Conservation District have enacted ordinances relating to dock
construction on Lake Minnetonka; and ,
WHEREAS, the docks in existence at Gayles Marina,
3366 North Shore Drive, are not in compliance with the City or
the LMCD regulations specifically including those regulations
regarding dock length and side setbacks; and
WHEREAS, the City Council of the City of Orono and the
Board of Directors of the LMCD have previously authorized their
respective staff to institute a joint lawsuit against Gayles
Marina for purposes of ordinance enforcement; and
WHEREAS, Gayle Wittig, owner of Gayles Marina, has in
response offered to reconstruct his docks.in complete compliance
with the City and the LMCD ordinances and has presented preliminary
plans to this effect to the City;
• NOW, THEREFORE, BE IT RESOLVED, that the City Council
of the City of Orono ha.s reviewed said preliminary dock plans and
does hereby conceptually approve of said plans subject to the
following:
1. Gayle Wittig and Gayles Marina should show the
good faith of his offer by immediately beginning
removal of those docks which are inplace beyond the
authorized Dock Use Area.
2. Prior to any dock construction or replacement,
Gayles Marina must obtain -a building permit from the
City inspector, which permit will be issued after
Gayles Marina submits the following to the inspector:
A. 'A Certificate of Survey of Gayles Marina property
showing all improvements thereon; showing the actual
existing shoreline.on the date of the survey; showing
the MSL 929.4 foot contour line (Lake Minnetonka Ordinary
High Water Elevation); showing monuments,to be placed at
200 feet waterward of elevation 929.4; showing the LMCD
authorized dock use area; showing the actual proposed
• dock layout to accommodate a maximum of 134 slips.
B. The normal'building permit application fee based
upon the value of the construction according to the
City fee schedule.
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Resolution No. 989
• Page 2
3. After completion of the dock construction, Ga yles
Marina shall submit verification certificate of survey
showing the actual as -built location of all dock
structures.
4. Nothing in this Resolution shall confer upon Gayle
Wittig, Gayles Marina, or any other person or property
any vested right to 134 slips or any specific dock layout
or dock use area, 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.
5. By approval of a specific dock layout, the City is
not guaranteeing that all of the slips constructed will
be usable or adequate under varying water level conditions.
There is no guarantee that the City will entertain or
approve of any future dredging application or any future
• dock variance application.
6. The City Council authorizes the Mayor and the City
Administrator to sign any and all agreements related
to.stipulations for this property.
7. City will require an application for a 1979 Commercial
Dock License pursuant to Chapter 73 of the municipal code.
Adopted by the City Council of the City of Orono at their meeting on
the 23rd day of January, 1979 and reaffirmed at their meeting on the
13th day of February, 1979.
illiam B. an Nest, Mayor
ATTEST:
Walter R Benson, Clerk/Administrator