HomeMy WebLinkAboutResolution 4633 t
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�',� G'� RESOLUTION OF TH C TY COUNCIL
��`9�i'E 04�' NO. � � � ``�
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RESOLUTION DIRECTING STAFF TO
ISSUE A JOINT USE DOCK LICENSE
TO THE OWNERS OF PROPERTY LOCATED AT
3155 NORTH SHORE DRIVE,3185 NORTH SHORE DRIVE,
AND 1406 BOHN'S POINT ROAD
SUBJECT TO CONDITIONS NOTED HEREIN
FOR THE PERIOD OF JANUARY 1,2001 TO DECEMBER 31,2001
WHEREAS,the City of Orono,hereinafter"City"is a municipal corporation organized and existing
under the laws of the State of Minnesota 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 other members of the public within the City; and
WHEREAS, the City shares concurrent jurisdiction over the primary harbor limit of the City of
Orono with the Lake Minnetonka Conservation District and the Department of Natural Resources of the State of
•Minnesota; and
WHEREAS,the regulation ofthe navigable waters involves an exercise of police power ofthe State,
LMCD,and the City of Orono,all of which have adopted rules to ensure to all equal enj oyment of the public rights
and equal protection from activity on or near the public waters and on the land within the City which,if unregulated,
may be detrimental to the public health, safety and general welfare; and
WHEREAS,the regulations of the DNR,LMCD,and the City of Orono regulate the property rights
of the riparian owners both as to residential owners and the commercial marina owners to the extent prohibiting any
interference with the public waters adjoining 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
commonlaw rights of riparian owners, whether or not they be commercial marinas or residential owners;
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 Minnetonka.
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 Minnetonka for all suitable purposes
in common with all other riparian owners. This right is a right not only to members of the public but the right to
each riparian owner.
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��b. - � CITY of 4RON0
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. �� G'� RESOLUTION OF THE CITY COUNCIL
��kESH04� : NO. 'd� �'i��
This mutual right of enj oyment which is shared by riparian owners and the public generally includes the recreational
benefits of the lake such as boating and fishing therein; the riparian owner has no exclusive privileges to these
rights; and .
VV�I�REAS, Lake Minnetonka is capable of substantial beneficial public use only as long as all
riparian users of the lake are regulated in such a way as to ensure there is no abuse of the limited riparian rights;and
W�iEREAS, the City has adopted reasonable regulations regarding the consiruction and use of
lakeshore and dock facilities when such facilities are used and maintained by three or more families, which
regulations include the annual licensing of Joint Use Docks pursuant to Section 5.42 of the Orono Municipal Code;
and �
WHEREAS,the purpose of this Resolution is to set forth the above noted general conditions and
concerns and the following special conditions as they relate to an application for an annual Joint Use Dock License
• described on Exhibit A attached,
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Orono hereby
directs the Staff to issue a Joint Use Dock License according to the facts and conditions noted on Exhibit A attached.
Adopted by the City Council of the City of Oron at their meeti on the 26th day of March,2001.
Barbara Peterson,Mayor
ATTEST:
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' /�e�u_,�y�Ce,e� • . •
R�e.�r�� /�o,��, . �
. STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN ) .
The foregoing instrument was acknowledged before me on this 26th day of March,2001 by Barbara
Peterson&Linda S. Vee, Mayor& City Clerk of the City of Orono, a Minnesota municipal corporation and said
insfirument was executed on behalf of the City.
• '``' � MARY ANN JOHNSON
. i�a�•' NOTARY PUBLIC-MINNESOTA
My Cortimi�slai Expires Jxn.31,2005 `�� ��
� •r>�� � Notary P blic
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• CITY OF ORONO
EXHIBIT A � s � „
RESOLUTION NO.
CONDITIONS OF ISSUANCE FOR ANNUAL JOINT USE DOCK LICENSE �
I. LICENSEE: Property owners of 3155 North Shore Drive,3185 North Shore Drive and 1406 Bohn's Point
Road
Dock Address: 3155 North Shore Drive
Agent: Emily Chapman
Address: 1406 Bohn's Point Road, Wayza.ta,MN 55391
Licensee is: XX unincorporated homeowner's group �
incorporated homeowner's association
unincorporated club or recreation group
incorporated club or recreation group
other� �
• License Period- January 1, 2001 to December 31, 2001
II. BOAT DENSITY
The number 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 shall the number of authorized boat slips,lifts,or buoys exceed
the number pernutted in the prior year's license.
Authorized Boat Density per attached plan:
Bay Crvstal
Transient(Day use only) Slips 0
Permanent Moorage Slips 3 �
Boat Lifts �
Sub-Total: Slips at Dock 3 .
Offshore Buoys 0 ,
Maximum Boats in Water 3
Maximum Boats per prior license � 3
� MAXIMUM BOAT DENSITY 3 -
. Exceeding this maximum boat density, or exceeding the number of permitted slips,.lifts or buoys is a violation of
this license subject to revocation andlor prosecution for violation of Section 5.42 Subdivision 2 of the Orono
Municipal Code.
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E�ibit A �
Resolution No.
•Page 2
III. DOCK LAYOUT
The dock structure or layout authorized by this license shall be as shown on attached E�ibit B-2.�Any changes in
this layout shall be subject to prior review�and approval of the City CounciL
IV. SPECIAL CONDITIONS required for compliance with the ordinance of the City andlor the LMCD. The
issuance of this license is subj ect 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 10583 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.I.D.09-1 17-23 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. 09-117-23 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 owriers 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 permitted by this resolution,but the use of Lake Minnetonka
and the premises sha11 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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