HomeMy WebLinkAboutProject PacketR CITY OF ORONO, MINNESOTA
Land Use A lication
• TYPE OF REQUEST
LOCATION OF PROPOSAL (orM5/
Subdivision $150+$5/Lot
4
Address �[� ? U Conditional Use $50—`----
Legal Description �o r / _/ VI)1,4ieQ &/< variance $50
/ I ,� � y ?/ �yy
APPLICANT Name AAY)b S UN�t4 Tel # _ Rezoning $250
Mailing _ ;;�� k/AYIATA
Address /S f� S A0�1VS A/rT MN - .r5-3 y/ Riprap $15 ($65 )
y �l-
OWNr.R Name ,L�//� �UNLA'P T��, # _ FEE 6
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Mailing ° -- - Date Re ' 'r
Audress �i4ME _ By
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Present Zoning "� Present Use �
Zoning Ordinance Section Relating to R.eeque-it
Specify Ordinance Rec;uirements
Ire
Fxp,.ain our request and reasons for s e Remove accumulated sand alid rock to an
approximate depth of three feet over an area of appr6T1 fgtejy-26X ?P, feet, jifts would
remove approximately 200 cubic feet of material. This woul; -emove the superficial Sand
T w1ki ell lifte- fteetwti-Iftl6eel here ever the last ten years Gr -a-we --nd wuabl'w� to
continue using this channel for my boat.
VARIANCE required - extent of nonconformity
Lot Area Setback Front Side Rear
With h Other, explain
Specify hardships to property
SUBDIVISION application Residential _ Other, expla-
No. of .,c t s
VARIANCE required - extent
Lot Area
Width
of nonconformity
Setback Front_
Other, explain _
Specify hardships to property
Side Rear
SUBDIVISION application Residential _ Other, expla_, _
-- - ------------ -- -- -- -- ---..-------- No. of -j-) t s
CONDITIONAL USE AND OTHER - explain proposed use of property in detail
I would like to place my dock whithin the protected inlet so that I can leave it in
over the winter and afford my boat more protection during rough weather. This would
also benefit Ta- e-Ty preventing the ultimate completec o�suTe - tt% �nTe3; turning the inlet into a marsh area.
MINIMUM MATERIAL NECESSARY FOR -COMPLETE APPLICATION'
(Must be submitted 10 days prior to Planning Commission meeting)
1. Application completed
2. Plat map section
�. Certificate of survey of property
sketch location and setbacks of
proposal
4. Construction lane, if applicable
DATE_ _Gl%�Applicant's
DATE
.S. Certified Property Owner's list of
own^rs within60-)).- from
Hennepin Co. Dept. of Finance
A-603 Government Center
6. Stamped, legal sized envelopes(#10)
pre -addressed to each of the names
on the above list.
f
Signatur
Owner's Signature
Applicant hereby agrees to provide all information required or requested by
the Zoning Administrator, City Engineer, City Attorney, Planning Commission
and Council necessary to process this application and further agrees to pay
all fees as established by ordinance.
LAKG S1LE
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DEPARTMENT OF FINANCE 58
A--603 GOVERNMENT CENTER r (o v) o
MINNEAPOLIS, MN 55487
PROPERTY OWNERS LIST #424
NAME
ADDRESS
DESCRIPTION
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3kwtob for Dr. David J. Dunlap
of Lot 1, Lrdiard's Park
HannApin County, Hinnesota
#�24
Oorc on R. Coffin
:enc• :3ure••vor ate Planner
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PROPOSED FINDINGS AND PERMIT
WHEREAS the DNR permit 50-8 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.
WHEREAS the present channel depth of less than half that re-
quired in the permit constitutes an obstruction to navigation by the
public and is therefore violative of the public interest.
WHEREAS the Flood Plain purposes of the City of Orono are not
adversely affected by maintenance of the channel since the absence of
such maintenance will not preserve wetlands as its poli^ies require.
WHEREAS non -dredging which may convert wetlands from public
waters is not a stated objective of the City's ordinances.
WHEREAS non -dredging may not create wetlands or even if it
does that the process may entail years of open, stagnant water with mos-
quito bret— :nrj, stench and other ;ossible nuisance aspects injurious
to riparian owners and t' public.
WHEREAS, current DNR rules as a matter of general policy dis-
favor dredging and channeling in public waters make express exception
for maintenance dredging of channels to existing boat harbors, 6 MCAR
§1.5022 H.2.b.
W11EREAS, the DNR rules reflect a policy to protect the existing
natural character of public waters and their existing shorelands and
that doing so meets the Orono requirement of showing the applicant's
interest as being in the public interest, 6 MCAR S1.5022 A. entitled
Policy and General Restri tions.
WHEREAS the existing harbor and channel constitute a pre-existing
non -conforming use and the request for maintenance dredging therefore
constitutes maintenance of a non -conforming use rather than its en-
largement or replacement and therefore complies with City ordinances
governing non -conforming uses.
WHEREAS continued 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 mitiyat.es visual imposition of visible
J
man-made ..mprovements on the lake as a whole.
WHEREAS, the applicant agrees to limit all docking on his pro-
perty to one dock in the harbor and to install no docks lakeward on
his property so long as tie 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.
WHEREAS, the applicant agrees to memorialize the above stated
limits on ripar-an use by imposing a restrictive covenant running
with the land in favor of the City of Orono or to execute a conserva-
tion easeme.it to the City to the same effect.
WHEREAS, 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 at buoy(s) all subject to existing
or future rules and ordinances governing same.
THEREFORE, the Council determines:
1. Dredging shall be limited to maintenance of the channel
within the scope of the original permit and shall be done by suction
with deposit of the spoils as specified by the City. Excavation shall
be limited to 30 cubic yards.
2. This permit is dependent on permission from DNR.
3. This permit shall be governed by all the premises and
promises herein.
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My current dock has deteriorated beyond repair and this coming year I will
be purchasing a new dock. I will also be vetVng a 19' boat requiring a
boat lift and canopy cover. Due to a chronic back problem : shculd not be
engaged in the physical labor involved with putting; in and taking out a
dock each year. I propose to avoid this hardship by putting a dock in the
Inlet where it woulJ be prctedted fr--n sK,ftint, ice and could be left in
year around. "his location would also afford more protection for my boat
during rough weathar and from theft as it is closer and more visable from
the house.
Removing 1M" of superficial sand from the entrance to the inlet would. not
break or enter tht, mud bottom of the lake and would only remove sand which
has filtered in during the last few years.
i would be hippy to uoe a steel pipe dock in the inlet instead of a pillnv
dock to spare the lake any possible damjWe from driving piles Into the
bottom quid to spare me the expense of the z:-me.
T0: Planning Commission and Council
FROM: Jeanne Mabusth, Assistant Zoning Administrator
DA1G: geptember 18, 1978
SUBJECT: #424 Conditional Use Permit
David Dunlap, 1595 Bohns Point Road
Ordinance Referonce: 31.700
The applicant requests a conditional use permit for the purpose
of dredging accumulated sand and rock at the inlet to a lagoon,
creating a channel for his boat at the northwest cornet of his
property. The dredging operation will cover a 26' X 28' area,
removing 18" of sand to a 3' depth, approximately 200 cubic feet
of material to be remo-2d. (Review Diagram "C") Mr, Dunlap
has furnished a sketch designating the location of the proposed
dock to oe constructed at a future date and subject to staff
and LMCD review. (Review Comments and Diagram "D") To be
submitted to the Minnehaha Creek Water- �d District for review.
DNR permit will be required.
Staff Update - October 2, 1978
As requested by the Planning Commission, the applicant has
checked with the DNR and was informed that a previous dredging
permit had been issued for that property and they foresee no
problem with issuing another.
PLANNING COMMISSION MEETING - OCTOBER 10, 1978
Planning Commis -,icon recommends approval of the dredging project
prepared by David Dunlap based on a previous DNR permit being
issu--xd for dredging in 1970 and the amount to be dredged is
negligable. If the dredged materials are to be disposed on the
lot, the applicant mist consult with the staff concerning on -site
disposal standards set by the DNR. The Commission recommends
that Dr. Dunlap consider the suction dredging method.
Before final Council action, the Planning Commission requested a
copy of the original DNR permit for Council and staff review,
The Commission expressed concern over blanket approval being given
to maintenance dredging projects. They recommended new criteria
be established to deal with each application.
September 18, 1978
David Dunlap
1595 Bohns Point Road
Conditional Use Permit
Page 2
STAFF NOTE - NOVEMBER 9, 19.8
n, t,
w iY
exi
Attached is a draft copy of a resolution for denial as requested
at the last meeting. I understand Mr. Dunlap will be at the
meeting and may request reconsideration.
MINUTES OF A PLANNING COMMISSION MEETING HELD ON SEiTK.MBER 25, 1978
Page 5
Mrs. Neve r,as pres_rnt. Mabusth explained the
request. Mrs. Neve stated that no trees would
l.p remot ed. There were no cormnents heard from
the neighbors.
Wilson moved to approv- the variance in view
of the difficulty of the lot configuration
and lot width. Motion seconded by Hammerel.
Vote: Ayes (6), Nays (0). Motion passed
unanimously.
After discussion, it was announced that the
next Planning Commission Meeting would be
held at 6:00 P.M. on October 10, 1978 just
prior to the Council Meeting.
Mr. McCulley was present representing
Mr. Jimmerson. It was noted that no septic
system testing had been submitted and that
staff could not schedule the public meeting
until they had received it. Jim Olson is
reviewing the access situation. Both roads
are not in very good condition. Mr. McCulley
requested that the existing driveway be left
as a private driveway for Jimmersons, while
the two new properties with access on Fox
Street would share a private driveway with
one access on Fox Street.
WORK SESSION - Mr. Dunlap was present.
Discussion was mainly regarding whether or
not a previous permit had been authorized
which would make this maintenance dredging.
Planning Commission requested that the applicant
contact the DNR to see if they have a record
of an earlier permit.
Frahm moved to approve the minutes as submitted.
Motion seconded by Hammerel and passed unanimously.
JAMES P. NEVL1 JR.
4060 Dahl Road
VARIANCE
(#426)
ANNOUNCEMENT OF
FIRST MEETING
IN OCTOBER
D.W. JIMMERSON
5'15 Willow Dr. So.
SUBDIVISION
(#422)
SKETCH PLAN REVIEW
V
DAVID DUNLA P
1595 Bohns Point Road
CONDITIONAL USE
PERMIT (#424)
APPROVAL OF MINUTES
SEPTEMBER 110 1978
Meeting adjourned at 10:40 P.M. A1)JOl1RK?NENT
0-1 4404
P..A.r rile No.
DTPARTM?N? OF C0;:;F.RiAT1
In the salter of the applicwtion of Y.ilton '-=! - '°'•''�'� '—
Sandberg, 4520 Elliot Avanue South, - °t•'' �-- ----
anosr olis Hinnesota, for a purmit to
dredge or excm.vAts the bed of Lr.ko Minnetonka,
Hennepin County, abutting his lnkeshore property IL
for thp, purr tee of providing a boat anchorage an
harbor.
P E R N I T
ci-r.-f Ur eRuta
On tho basis of data contained in the permit appltcatl.or. submitted
by Miltna C. ^>nndberg, Minneapolis, Kinneeota, the letter of transmittal
describing the proposed improvement work and the print of the plat of the
South Cne-Bslf (%?) of Section Eight (8), Township One Rundred Seventeen
(117) North Range Twenty-three (23) Wept', of the Fifth (5th) P. K.,
Hennepin County, showing the location of the proposed work,, permission is
hereb:; arknted meld aprlicant to excitv�te a boat channel and harbor in the
bed of L-%L•e Hinnetonka, Hennepin County, abutting his lakes}more property
datcribod as Lot One (1), Lydiard' a Park Addition on Cryetal BRy of Lake
'*innotonhn. :pie pormr.it is granted subject to the following condiiionst
I
No material resultinc from the excavation or dredging euthorited by
this permit sh%ll be deposited on any portion of the bed of Lace Winnetorka,
Hennepin County, which lies below elevation 929.4 Mean Sea i,evel Datum, bsinA
the elevation of the crest of the dam at Gray's Bay at the outlet of
'1 nnc ton+ca lmsks.
the elev"tion of the crest of the dam at Orayl s bat at the outlet of
}Banc tonka, lake.
It
This permit authorises the escaystion, of a boat harbor approximately
Seventy-five feet (750) in diameter to a naziouo depth of six feet (61 )
below the crest of the said irlbt day at drays Day (; levation 923.4, Keno
Sea Level Datum) or to a miciau• depth of fcur feet 10) below the crest
of said dnm (71STwtioa 525.%, wean Sea Le •el D#ituu), and of a channel
connecting sold boat harbor with a nevieable dopth of water of Lake Ninne-
tonka. The channel authorised by
width of fi fteen f inet (159 . a m�• _
s permit shall have w minimum bottom
bottom width of Twenty-five feet
(?5') vi th 211 side slopes and a `azinum depth of six feet (61) or a
minimum depth of four feet (h') as previously indicated for the hartsr,
.. , �... .,r... .. w.�rw.. �. ., .y . �.• —Was
No material resulting from exonvntion or dredpinr "utherited by this
permit shall be cold without the written permission of the Commissioner
of Cons ervn ti on.
IT
Alny extensioe of the water surface of Lake Hinnetonkw resulting from
wort authorised by this remit shall be considered public waters and shall
be left open and unobstructed for navigation by the public.
T
Vo change shall be mid* in the hydraulic dimensions, capacity, or
locstinn of any of the s t—ictures or egnipment herein from those Civsa
in the Pormit Application without written permission from the Commissioner
of Conservation previously obtained.
TI
The applicant shall comply with the prosisione of Minnesota statutes
relntins hereto, and shall secure such additional permits as may tin re-
quired from othwr authorities.
TIT
Operation on work granted by this Perait shall commence within 30
days of the date thereof and shall terminate on or before is uay 1950
unless a writtrin request for an extension of time has been filed with
and approved by the Commissioner of Conservation.
and approved by the Commissioner of Conservation.
Till
She pormittee shall notify the Division of Waters at least 5 days in
advance of the commencement, and PhRll notify the division of the completion
of the work author i zed by this permit not more than 5 days after said
eourletion. So work shall be done until the Permit Card herewith sn•losed
has been securely posted in a eonepicuous place at the site of operations.
ix
The work shall at nll times be subject to tie g`neral Inspection of
the Division of Waters ar.d f or that purpose the appl ickut shall grant access
to the premises to the Commissioner of Conservation And his eutherised
officers and agents, at any reasonable time, in connection with such eon.
struction and operations,
X
This Permit shall in no way release the permittoe from any liability
or obligAtten otherwise incurred or imposed by law and ahnll remain in
force subjoct to all the ccnaitione And limitp.tions now or hereafter imposed.
XI
This Permit is not assignable except with the written consent of the
Commissioner of Conservation.
XII
*his Permit may be terninated by the Cemmissioner of Ccnoervntion,
without notieut At nny time be dooms it necessary for the conservation of
the water resources of the state, or the intereut of public health and
volfaro so req-Are, or in came it shall be determined that tr.e oper!-tfons
of tho pernittee hereunder are causing; injury to tho proporty of others,
or for violation of any of the provisione of this Permit.
Dated at Ste Paul, Minnesota, thieze", :nq of rebrunry, 1950.
Division of Inters
Director Sidle tre ?sent
AT?t bnf
CCt Mr. Paul Farrell
Stet,. Game Varden
Xxcelsior, Xiuneeota
yr. 9. R. "ordin
Onme Warden Supervisor
State Office Building
St. Peal 1, uinneeota
APPROVED:
Cheater S. Wilson
Conalssiorsr of Conservation
Bf i'o
ylt�- -
MINUTES OF A PLANNING COMMISSION MEETING HELD OCTOBER 10, 1978
The Oruno Planning Commission met on the above
da':e. Present were Chairman Hassel, Hurr,
Wilson, McDonald, Frahm and Hannah. Mabusth
represented the City staff.
Mr. Kumlin was present. Mabusth stated all of
the requireme-ts of the preliminary approval
have been completed.
Wilson moved to approve the subdivision in
accordance with the attached resolution.
Motion seconded by Hannah. Vote: Ayes (6),
Nays (0). Motion passed unanimously.
Mr. Dunlap was present. Mabusth briefly reviewed
the request. The DNR has been contacted and
verified that a previous permit was issued in
1990 to Mr. Sandberg for dredging and excavating
of the channel. This request would then be for
maintenance dredging. Wilson moved to approve
the maintenance dredging as the amount of dredging
is negligable subject to all other permits and
conditioned upon the dredged material being removed
from the premises unless on -site disposal meets
the criteria of the DNR and approval of the village
staff. Motion sf�conded by Hassel.
Some concern was expressed over blanket approvals
being given to maintenance dredging projects.
Planning Commis ion felt that new criteria should
be established to deal with each application.
Vote: Ayes (6), Nays (0). Motion passed
unanimously.
Planning Commission requested a copy of the original
DNR permit be submitted to the City.
ATTENDANCE
6:00 P.M.
nENNIS KUMLIN
61j tux Street
FINAL SUBDIVISION
(#398)
DAVID DUNLAP
1595 Bohns Point Road
Conditional Use Permit
(#424)
REGULAR MEETING OF THE ORONO COUNCIL, OCTOBER 26, 1978
Page 2
This may not be the ultimate in what we want,
but I do think it should be adopted now to meet
that deadline. Any changes can then be done
durig recodification.
Staff Update - October 19, 1978
The flood plain insurance draft I! attached has
been reviewed by the rIA, the DNR and the City
Attorney. All comments and corrections have
been included. This draft should now be adopted.
The attached flood insurance rate maps dated
October 17, 1978 are the final work product of
the FIA. Because these maps are such a small
scale, the City will be forced to rely upon our
wetlands maps for most interpretations as we
have in the i ast.
Council Meeting - October 26, 1978
FLOOD PLAIN MANAGEMENT
(Continued)
Butler moved, Pesek seconded, tc adopt Ordinance ORDIVANCE NO. 213
No. 213, An Ordinance Amending Tae Flood Plain Flood Plain Management
Management Sections Of The Orono Municipal Code,
as amended October 19, 1978, and to enter it on
the next Council agenda for full Council approval.
Motion, Ayes (3) - Nays (0).
Futler moved, Pesek
seconded, that the rezoning
REZONING & SUBDIVISION
and subdivision
for
A. J. Tourangeau, 1960 Shoreline
#414 & #421
Drive, be tabled
at
the express request of the
A. J. Toureangeau
applicant until
the
next Council meeting. Motion,
1960 Shoreline Drive
Ayes (3) - Nays
(0).
Mr. Alan Olson, City Planner, entered into the
record the following memo of Jeanne Mabusth,
Assistant Zoning Administrator, regarding a
conditional use permit for David Dunlap, 1595
Bohns Point Road, dated September 18, 1978, which
states:
Ordinance reference: 31.700 - The ,applicant
requests a conditional use permit for the purpose
of dredging accumulated sand and rock at the inlet
to a lagoon, creating a channel for his boat at
the northwest corner of his property. The dredging
operation will cover a 26' X 28' area, removing 18"
of sand to a 3' depth, approximately 200 cubic feet
of material to be removed. (Review Diagram C)
Mr. Dunlap has furnished a sketch designating the
location of the proposed dock to be constructed
at a future date and subject to staff and LMCD
review. (Review comments and Diagram D) To be
submitted to the Minnehaha Creek Watershed District
for review. DNR permit will be required.
"CUNDITIONAL USE PERMIT
1595 Bohns Point Road
#424
Da ,id Dunlap
(Continued)
4EGULAR MEETING OF THE ORONO COUNCIL, OCTOBER 26, 1978
Page 3
Staff Update - October 2, 1978
As requested by the Planning Commission, the
applicant has checked with the DNR and was informed
that a previous dredging permit had been issued
for that property and they foresee no problem
with issuing another.
Planning Commission Meeting - October 10, 1978
Planning Commission recommends approval of the
dredging project prepared by David Dunlap based
on a previous DNR permit being issued for dredging
in 1970and the amount to be dredged is negligible.
If the dredged materials are to be disposed on the
lot, the applicant must consult with the staff
concerning c.i-site disposal standards set by the
DNR. The Commission recommends that Dr. Dunlap
consider the suction dredging method.
Before final Council action, the Planning Commission
requested a copy of the original DNR permit for
Council and staff review.
The Commi-sion expressed concern over blanket
approval being given to maintenance dredging
projects. They recommer.ded new criteria be
established to deal with each application.
Council fleeting - October 26, 1978
Discussion was held concerning maintenance dredging,
riparian rights, and hardships invclved. It was
brought out that the Dunlap property has approximately
100' of shoreline and has riparian access to navigable
waters in addition to the lagoon.
Acting Mayor Massengale stated that long years of
dealing with the subject have convinced t.'m that
dredging disturbs the waters and stirs up nutrients
in the lake. There has been no findings that this
work is required to maintain riparian access to the
lake; there has been no finding of any hardship. We
should vote to deny the dredging or send it back to
the Planning Commission to determine hardship.
Pesek moved to approve the dredging on the basis
the lakeshore property has had a dock and, therefore,
has been denied use of the lakcshore. Motion died
for lack of a second.
Butler moved, Massengale seconded, to deny the
conditional use permit for David Dunlap, 1595 Bohns
Point Road, because no hardship has been demonstrated
and present ,A resolution of denial at the next meeting.
Motion, Aves (2) - flays (1). Councilnenber Pesek Nay.
Staff was requested to have a member of Hickok and
Associates present at Some neeting to discuss
dredging.
CONDITIONAL USE. PERMIT
1595 Bohns Point Road
(Continued)
CITY of ORONO
at Olrioe Bo: 66•Cryatal Bay, Minnewta &%MeMunicippl O![iew TekAone 473.73b7
Mr. David Dunlap
1595 Bohns Point Road
Wayzata,
Minnesota 55391
Control No. 424
Variance
_X_ Conditional Use Permit
Subdivision, Prelim.
Subdivision, Final
Date of Notice
NOTICE OF CITY COLT: IL ACTION
Date of Meeting: October 26, 1978
Votes: 2 For 1 Againat Abstention
Action: Approval: As submitted subject to applicable ordinance requirements
Approval: Subject to conditions noted
Deferral: Pending receipt of information noted
Referral: Review by others, as noted
_ X Denial: For reasons noted
NOTES & SPECIAL CONDITIONS: Council acted to deny finding no demonstrated
hardship. Instructed staff to prepare resolution for presentation at
the November 14. 1978 meeting. •►
Deadlines:— Variance approval expires one year after the meeting date.
Contact building inspector for required permits.
�. Conditional Use Approval Must be renewed annually.
Expires on _
Must be renewed upon change in
ownership or use.
Preliminary Subdivision approval expires after one year of
meeting date.
Contact Zoning Administration for final plat requirements.
Final Subdivision approval expires 6 months after meeting date.
Contact Zoning Administration for filing requirements and
document approval.
Deferred items may be declared formally withdrawn if applicant
fails to provide information within one month of meeting
date, or by date specified by Council.
If you desire certified copies of the official City Council Minutes, they
are available from the Deputy City Clerk upon review and approval by the
Council.
NA-02670-01 ,
(N-221) STATE OF MINNESOTA OF
V
��
�W Ir
(Rev 74) DEPARTMENT of NATURAL RESOURCES
'("✓ 19T8 n
NOTIFICATION OF PERMIT APPLICATION
INSTRUCTIONS FOR THE APPLICANT C1 I_Y, OF, ORONO
Minnesota Statutes, Section luS.44 Subdivision 1, requires you to supply a complete copy
and all supporting data of your water permit application to the following:
A) The chief executive officer of the city or township within which
the project is located.
B) The secretary of the Board of Managers of the watershed district,
if any, within which your project is located or which your project
may affect.
You MUST certify having served the complete application ors the above in the box on the back
side othe application form W-S4.
IN ADDITION, if your project is NOT located in a city, a complete copy and all supporting
data of the application should be submitted to the Administrator of the Shoreland Manage-
ment Program for the affected county.
Complete this form for each notice served on a local government official.
r r • r r • r r r r r r r r • r t r r r r • r r r r ♦ • r r ► r
SECTION I (TO BE COMPLETED BY APPLICANT)
TO: A) Chief executive officer of the (cheek)
4` city, Q township of
or type name
B) Secretary of the board of managers of the watershed district.
print or type none
C) Administrator of the Shoreland management program of rccounty.
_ �pnt or type none
DAIVIL 5 DIN< 4
/ 5-v' S /3cyl�•} /' O iv r
F(�OM: A w. � 12,Date: 19 ?
print or'type none and address of applicant)
r r r . r . r r r . r r r r r r ♦ r r . • • r r . r • r . r
INSTRUCTIONS FOR THE LOCAL GOVERNMENT
This report from provides you an opportunity to submit input to the Department of Natural
Resources to assist in deciding whether to grant, modify, or deny the requested permit,
It is NOT absolutely necessary for local agencies to officially approve or disapprove the
project or make any recommendation, although this may be done if desired. It is requested
that local agencies indicate the following, as applicable:
A. The relationship of the proposed project to local plans for the
affected water and related land.
B. The relationship of the project to local land use controls including
flood plain aid/or shoreland regulations.
!continued on rvverse aide)
NA-02670-01
(W-221)
(Rev 74)
C. Any possible effects of the proposed project on the water resource,
navigation, fish and wildlife, conservation, pollution, and the
general public interest.
D. Any recommended modifications in the proposal or other alternative
way of achieving the desired ubjective which would reduce undesirable
effects.
E. Any pertinent factual data available concerning the water body or the
proposed project.
F. Reasons for any local objections.
Please complete this form and return to the address shown in the lower left corner of
this page within 15 days, if possible, or inform the department if additional time is
needed.
* A * * * * * * * * * * * k * * * * * * * * * * * * * * * * * *
SECTION II (TO BE COMPLETED BY CITY, TOWNSHIP, WATERSHED DISTRICT OR JUNTY)
The applicant named on the opposite side of this form submitted a copy of his water permit
application on 19 It has been reviewed and the fol owing comments
are submitted for considerati -i by tFe Department of Natural Resources.
(Attach additional ahseto if necessary) Dated
RETURN TO:
DEPARTMENT OF NATURAL RESOURCES
,.ivision of Waters
Regulations Unit
Centennial Building
St. Paul, MN 5S15S
19
Gov't Official's name
print or type
Signature
Title
Add re ss
oeacer e:
tichwo G dray Sr Charman
Or R-chard S Galdecoe v co-charman
Rapnom D Biack Secrsury
Henry Doerr 7reaswar
OMeclam
$awaw D Andrews. Jr
LW4w G ArMw Jr
nogg L Bak«
Waksm M Baker
Raymond D Bbck
WJkam M B,ackon
R4nsaa D Btaokan
Ewta G &oaks
Mrs Hertxrl Bwhw
Or Richard S Calderon
Mrs Benton J Casa
Hwxy Doan
Kmpsley F otiw
OdbW P GosR
Rrchud G Grav Sr
James L Henand, Jr
Dr Joseph T Lmp
Charles M Moos
Earl H Moamw
Gecrpe T Pennock
a Dean K Rrrw
Robes L Searles
Thomes L warner
Dr John M Wood
Or Joseph P Rossikon.
E.ecosve Dreckv
13 November, 1978
Page 13
FRESHWATER MOLOGICAL
A
1 RFSFA RCH FOUNDATION
c �r 2500 Shrdywood Road, P. O. Box 90
I Navarre, Minnesota, USA. 55392
(612) 471-B407
TO: Mayor Brad Van Nest ,
Orono City Council -k ...-
Dear Council:
On Saturday, November 11, I was invited by Dr. David Dunlap to
view a proposed dredging project on Crystal Bay at Bohnts Point.
Dr. Dunlap proposes to remove about 50 cubic feet of sand using
the suction dredging technique so as to facilitate access to a
small lagoon. The entrance to the lagoon has been silted up over
the years as a result of power boats moving sediment towards the
Bohn's Point shoreline.
The sita where Dr. Dunlap proposes to pump the sediment is
adequately contcared so that water losses will occur primarily by
evaporation.
If Dr. Dunlap uses the suction dredging technique, then for su:-h
a small amount of sediment, there will be minimal d.isrurbance to
the ecosyster. In fact there ate certain ecological advantages
to the program suggested by Dr. Dunlap.
(1) Dr. Dunlap will not have to construct a lengthy dock to
provide access to the lake. There are obvious aesthetic
aspects to cutting back on the numbers of docks of this type.
(2) The small lagoon will be accessible to spawning fish, especially
northern pike and crappie. At the -resent time it is riot
accessible.
(3) If the lagoon is not opened to the lake it will slowly develop
into a mosquito breeding area with stagnant water.
Although I recognize that Dr. Dunlap has access to Crystal Bay already
on his lakefront, in my opinion his project is a small one which has
aesthetic as well as environmental merit.
T ire sincere ,
J M Wood
rector
_W-dlu
A PUBLIC NON-PROFIT FOUNDATION a CONTRIBUTIONS ARE TAX-DEDUCTIBLE
REGULAR MEETING OF THE ORONO COUNCIL, NOVEMBER 14, )478 Page 9
!Motor Fuel Stations, Section 38.500 (Lot 2) UBDIVISION
1960 Shoreline Drive
38.507 - location of driveway to Central Avenue (Continued)
within 30 ft. of intersection with County
Road 15.
38.506 - location of pump island within required yard
area (front setback 17 ft. vs. required 50 ft.
side setback 22 ft. vs. required 50 ft.)
6. No park dedication fee (existing dwelling).
7. Legal staff review of the existing building
encroachment. on Lot 2. �Tt
Motion, Ayes (5) - Nays (0).
Mayor Van Nest requested staff to draft a proposed
resolution concerning a conditional use permit
providing terms and conditions for the continuance
of operation of the filling station as a legal
non -conforming use and under what conditions it
shall operate.
Pesek moved, Butler seconded, to approve the instal-
lation of a 6,000 gallon tank contingent on the
approval of the State Fire r1arshall and the City
Engineer on the location of the tank. Potion, Ayes (5) -
Nays (0) .
Mr. Alan Olson, City Planner, entered into the record V CONDITIONAL USE PERMIT
the following information concerninq a conditional 1595 Bohns Point Road
use permit of David Dunlap, 1595 Bohns Point Road, #424
dated September 18, 1978, which states: David Dunlap
Ordinance Reference: 31.700
The applicant requests a conditional use permit for
the purpose of dredging accumulated sand and rock
at the inlet to a lagoon, creating a channel for
his boat at the northwest corner of his property.
The dredging operation will cover a 26' X 28' area,
removing 18" of sand to a 3' depth, approximately
200 cubic feet of material to be removed. (Diagram C)
To be submitted to the Pinnehaha Creek Watershed
Disricit for review. DNR permit will be required.
Staff Update - October 2, 1978
As requested by the Planning Commission, the applicant
has checked with the DNR and was informed that a
previous dredginq permit had been issued for that
property and they foresee no problem with issuing another.
(Continued)
REGUL,%R MEETING OF THE ORONO :OUNEIL, NOVEMBER 28, 1978
Page 2
tor. David Dunlap and his attorney, Will Hartfeldt,
were present concerning fir. Dunlap's request for
a dredging permit in a lagoon for his new boat.
Mr. Hartfel.dt stated that he has some new information
and that he would put it in writing for review for
the City Council and City Attorney concerning a new
proposal for David Dunlap's dredging request.
Mr. Alan Olson, City Planner, entered into the
record the request for a subdivision of Burt
Corwin, 1125 I!unter Drive, dated October 17, 1978,
which statest
Sketch Plan Review - Zoning District RR-lB
Mr. Corwin proposes a two lot subdivision of a 22-F
acre parcel in the northwest quadrant at the inter-
section of County Road Six and Hunter Drive. Tre
2.6 acre lot has an existing house with an on-si
septic sysrem'that will be inspected by the Sept
Inspector. We will waive a septic test for the
19-plus d,_:e lot. The developer should be made
aware that if this 19-plus acre parcel is subdivided,
a septic test will be required.
There are three designated wetlands involved in this
subdivision each must be designated either by a meLes
anc >ounds or drainage easement description. The
applicant must then enter into. a Conservation and
Flowage Easement agreement with the City.
The final elan must designate a five foot drainage
and utility easenent along lot lines. The 2.6 acre
lot meets the necessary two acre continuous dry
buildable requirement. All setbacks for the house
and accessory buildings meet the zoning requirements
of the district.
Planning Commission fleeting - October 23, 1978
Planning Commission qave conceptual approval for
Burt Corwin's two lot subdivision. The Commission
requested a public information meeting be scheduled
for November 13, 1978
Staff Update - October 31, 1978
'CONDITIONAL USE PERMI'P
1595 Rohns Point Road
#424
David Dunlap
SUBDIVISION
1125 Hunter Drive
#432
Burt Corwin
424
Please note setback for shed along north lot line
is not recorded - it appears to be less than 10 ft.
Another shed to the west and slightly north of
existing shed is unsafe and should be removed before
final approval. (Continued)
REGULAR MEETING OF THE ORONO COUNCIL, NOVEMBER 14, 1978
Page 10
Planning Commission Meeting - October 10, 1978
Planning Commission recommends approval of the
dredging project prepared by David Dunlap based on
a previous DNR permit being issued for dredging in
1.970 and the amount to be dredged is negligible.
If the dredged materials are to be disposed on the
lot, the applicant must consult with the staff
concerning on -site disposal standards set by the
DNR. The Commission recommends that Dr. Dunlap
consider the suction dredging method.
Before final Council action, the Planning Commission
requested a copy of the original DNR permit for
Council and staff review.
The Commission expressed concern over blanket
approval being given to maintenance dredging
projects. They recommended new criteria be
established to deal with each application.
Staff Note - November 9, 1978
Attached is a draft copy of a resolution for denial
as requested at the last meeting. I understand
Mr. Dunlap will be at the meeting and may request
reconsideration.
Council Meeting - November 14, 1978
Mr. & Mrs. David Dunlap were present. Mr. Dunlap
read a letter concerning his request to the City
Council.
Letter - Pages 11 &12
Mr. Dunlap also presented the City Council with a
letter from Dr. John M. Wood, Director of the Gray
Freshwater Biological Research Foundation.
Letter - Page 13
Mayor Van Nest stated that he has always
believed that dredging does do damage to the lake.
He stated that the Council consistently maintains
that dredging is ece- Iically and environmentally
unsound for Lake Minnetonka. The reasons why some
dred-;ing had been approved was to maintain riparian
rights to the lake for homeowners. He also explained
the process of nutrients polluting the lake due to
dredging.
Discu ion included former applications for dredging
that had been approved several years ago, riparian
rights, maintenance dredging, and hardships involved.
CONDITIONAL USE PERMIT
1595 Aohns Point Road
(Continued)
(Continued. page 14)
a
David J. Dunlap, M. D.
1595 Bohn's Point Road
Wayzata, Minnesota 55391
November 14, 1978
The Honorable Brad Van Nest
Mayor of Orono
Crystal Bay, Minnesota 55323
My dear Mayor Van Nest:
This is a request for the Orono Village Council to reconsider my application
for maintenance dredging of the channel into my boat harbor. Unfortunately,
I was unable to be at the last council meeting to supply information that
pe rhaECs would have helped clarify my application.
As you know, this natural inlet and channel were dredged in 1950 to produce a
boat harbor. This area has been used intermittently for that purpose since,
and I have periodically kept boats here. During the past 28 years however,
there has vec„ gradual encroachment of the sand blanket in this area over the
entrance to the harbor, so that this entrance is no longer deep enough to
accommodate my new boat. I have proposed placement of a permanent dock in
the harbor for mooring of this boat.
With regard to the resolution to deny my conditional use permit being considered
by the village Council tonight, I would like to answer each specific point made
in the resolution.
.1. Although I do have other access to the lake, the access in the lagoon is
not comparable in any way to that in the main lake, and the request to continue
use of this area is made not merely for convenience. The shore of the main lake
is eove.ed by an extensive sand bar that requires an extremely long dock to
reach water deep enough for a medium sized boat. This area is not suitable
for permanent dock placement because of this and because of the exposure to the
prevailing northwesterly winds during ice break up. During the last few years
I have buoyed a boat in this area rather than put up an extremely long dock. In
addition, the lagoon area can be obsc ved from tho house whereas the main lake
dock area cannot, and thus is more vulnerable to theft and vandalism.
2. The type of dredging and placemt.>nt of spoils requested was fully discussed
with the Planning Commission when they unanimously approved my application. It
was felt that such suction dredging conforming to the rules of the LMrD for
placement of spoils was preferred and easily accomplished. In addition, Doctor
John Wood of the Freshwater Biolovic Institute has inspected my p operty, including
the proposed areas of places-ent of spoils, and sees no adverse effect from using
this arora.
i. rmpact on the lake was also iiscussed in the Planning Commission. According
to the statement policy accepted by the Orono Citlr Council on March I1, 1975, this
Lagoon would be classified as part of Lake Minnetonka, and as such, she, be so
4
_ 2_
protected. If this channel area is allowed to close by siltation, this lagoon
would be lost to the lake and become marshland. This would not only deprive
various fish species of a breeding area, but would also deny access to fishermen.
There would be no adverse ecological impact on the lake if this area were dredged
vy the methods described. A recent study completed at the. Freshwater Biologic
Institute would support this.
9. Hardship to the land by denial of this dredg,ny would be an ultimate loss
of this area to Lake Minnetonka. In addition, loss of the boat .lagoon to me
would have a considerable influence on the value of my property, for which I
feel I should be reimburse,l.if the council chooses to deny my appli-Ition.
5. Public interest to be served by this dredging would be the c(Itinued use of
this area by fishermen, and avoidance of an unusually long dock extending into
Lake Minnetonka.
6. Orono village ordnances do not specifically disallow dredging b?cause other
riparian access is present. In addition, previous dredging permits issued by the
City Council have NOT always been for maintenance of riparian rights. A permit
issued or; October 26, 1971, at 2660 Casco Point Road allowed channel dredging
through shallo,r lak, bottom, so that a more convenient, permanent dock could be
placed at tho shore rather than use an unusually long dock. In addition, on
May 29, 1973, a dredging permit was issued by the City Council at 1298 Wildhurst
Trail to dredge an inlet for boat dockage even though ample other shore existed
in a very convenience location. The Orono City Council allowed dredging of a
20 foot channel almost a quarter of a mile in length through marshland, August 12,
1968, at 360 Norch Arm Lane to produce lake access where none had existed before.
7. I do not feel that there has been a situation comparable to mine presented
tL• the City Council where a dredging permit has been denied. T was unable to
find, in the council minutes, any example of denial of maintenance eredging, and
it would seem that a denial would be an unprecented action.
In summary, there is absolutely no ecological or logical reason to disallow
maintenance dredginy in this area, and in fact, it would be beneficial to the
lake, Tn addition, there is no precedent for this denial and for these reasons
the permit should be granted.
very truly yours,
-'DAVI D J. DLIN[ P, M. D.
D.ID/mjc
enc:
REGULAR MEETING OF THE ORONO COUNCIL, NOVEMBER 14, 1978 Page 14
Mr. Alin Olson, City Planner, gave a review of some CONDITIONAL USE PERMIT
of the former dredging permits. In one particular 1595 Bohns Point Road
case, hardship had not been demonstrated due to the (Continued)
fact that the homeowner had not lost riparian rights
to the lake, and therefore, had not had approval for
dredging.
Councilmember Massengale stated that Mr. Dunlap does
have riparian rights to the lake and that no hardship
has been demonstrated.
Councilmember Paurus explained the LMCD's regulations
and position regarding riparian rights for maintenance
dredging.
Massengale moved, Butler seconded, to table the
above request and instructed staff to redraft a
proposed resolutiDn clarifying point of controversy
# 24
stating facts on policy regarding dredging. Motion,
Ayes (5) - Nays (0).
Mr. Alan Olson, City Planner, entered into the recoir� VAPT.ANCE
the request of James DeSplinter, 1121 Elmwood Ave-_uf., 1121 Elmwood Avenue
for renewal of a variance application, dated Octob%r 17, #430
1978, which states: James DeSplinter
Mr. DeSplinter's original variance application wa-
aporoved by Council on January 10, 1977. His new
plan shows the house meeting all setback requirement3,
but the garage is setback 11' from the road. Staff
required the unused road access of 20' width be
staked by the surveyor. The existing shed on neighbo.:'s
lot to the north is located 3' within road right of way.
If shed is destroyed, a new shed must be located 35'
from Elmwood Avenue, but this has no effect on DeSFlinter's
application.
The applicant will have to submit regrading and drainage
plans for access road to be reviewed by City Engineer.
Lot is severed and has been assessed one unit charge.
Zoning District LR-1B - Ordinance 34.450
Lot area required: 43,560 sq. ft.
proposed: 26,000 sq. ft.
variance: 17-,56 0 sq. ft. = 40%
Lot width required: 140 ft.
proposed: 100 ft.
variance: -TU-Tt. = 28%
Frc* vard setback required: 35 ft.
proposed: 11 ft.
variance: 24t. 69%
Hardships: No adjoininq lots avai:able
Topography of lot - severe slope to west
(rear of lot (Continued)
CITY of ORONO
,at Office Boa 66 • Crystal Bay, Minnesota 55323 • Municipal Offices Telephone 473.M7
Dr. David Dunlap
1595 Bohns Point Road
Wayzata,
Minnesota 55391
Control No. 424 _
X Vat Lance
Conditional Use Permit
_+ Subdivision, Prelim.
— Subdivision, Final
Date of Notice 11-20-78
NOTICE OF CITY COUNCIL ACTION
Date of Meeting: November 14, 1�,78
Votes: 5 For Against Abstention
Action: Approval: As submitted subject to applicable ordinance requirements
Approval: Subject to conditions noted
X Deferral: Pending receipt of information noted
Referral: Review by others, as noted
Denial: For reasons ,noted
NOTES & SPECIAL CONDITIONS: Council instructed staff to revise draft of
resolution - intent still to deny application.
of the revised draft.
Attached is a copy
Deadlines:— Variance approval expires one year after the meeting date.
Contact building inspector for required permits.
Conditional Use Approval _Must be renewed annually.
Expires on _
Must be renewed upon change in
ownership or use.
_ Preliminary Subdivision approval expires after one year of
meeting date.
Contact Zoning Administration for final plat requirements.
_ Final Subdivision approval expires 6 v onths after meeting date.
Contact Zoning Administration for _cling requirements and
document approval.
Deferred items may tie declared formally withdrawn if applicant
fails to provide information within one month of meeting
date, or by date specified by Council.
if you desire certified copies of the official City Council Minutes, they
are available from the Deputy Ciep Clerk upon review and approval by the
Council.
NJ offke Box Me Crystal Hay, Minnesota b6,1 *Munidpal Offhm Tslsohons 473-TW7
Dr. David Dunlap
1595 Bohns Point Road
Wayzata,
Minnesota 55391
NOTICE OF CITY COUNCIL ACTION
Oontrol No. 424
____ variance
XX Conditional Use Permit
— Subdivision, Prelim.
_.__ Subdivision, Final
Date of Meeting: November 28, 1978
Votes: 5 For 0 Against Abstention
Date of Notice 11-30-78
Action: Approval: As submitted subject to applicable ordinance requirements
Approval: Subject to conditions noted
xx Deferral: Pending receipt of information noted
Referral: Review by others, as noted
Denial: For reasons noted
NOTES & SPECIAL CONDITT'`NS: Applicant was present and was represented by an
attorney. Matter deferred at request of applicant to allow time for
presentation of new information and response to proposed resolution,
including possible amendments to the application.
Deadline for December 12, 1978 meeting is December 6, 1978 - Deadline for
January 8, 1979 meeting is December 29, 1978.
Deadlines:_ Variance approval expires one year after the meeting date.
Contact building inspector for required permits.
_ Conditional Use Approval Must be renewed annually.
Expires on
Must be renewed upon change in
ownership or use.
Preliminary Subdivision approval expires after one year of
meeting date.
Contact Zoning Adminis;..ration for final plat requirements.
Final Subdivision approval expires 6 months after meeting date.
Contact Zoning Administration for filing requirements and
document approval.
X Deferred items may be declared formally withdrawn if applicant
fails to provide information within one month of meeting
date, or by date specified by Council.
If you desire certified copies of the official City Council Minutes, they
are available from the Deputy City Clerk upon review and approval by the
Council.
D [ED $ I ICI I�
BROEKER, HARTFELDT, HEDGES & GRA AN �
ATTORNEYS AT LAW
2850 METRO DRIVE-SUITZ 800 JOHN M. BROCRER MINNEAPOLIS (BLOOMINGTON) MINNE80Tk 55420 C17"! OF ORONO
WILL HART►'ELOT TEL.(812) 854-5263
STEVEN R. HE00E8
OAV10 A. GRANT
GEORGE L. CARLSON
BARBARA J. BLUMER
WILLIAM J. WERN2 December 29, 1978
ALLENE D. VVANS
s ECKY A. COMSTOCK
Mr. Allen Olson
Zoning and Planning Administrator
City of Orono
Orono, Minnesota
Dear Mr. Olson:
A proposed agreement between our client, Dr. David Dunlap,
and the City of Orono has been drawn up and has the approval of our
client.
I hoped to visit with you about it prior to leaving on vaca-
tion but that has not been possible. I will be on vacatiun until
January 8, 1979.
Please expect to hear from me in early January.
Respectfully yours,
BROEKER, HARTFELDT, HEDGES & GRANT
By .L�� ' ✓�L ' C
Will Hart e
WH:gsr
cc: Bruce Malkerson
Popham, Haik, Schnobrich,
Kaufman & Doty Ltd.
Attorneys for the City of Orono
BROEKFR, HARTFELDT, HEDUES R.
•
ATTORNEYS AT LAW 2
2850 METRO DRIVE -SUITE 800 Q
JOHN M. •RO[K[R MINNEAPOLIS (BLOOMINGTON) MINNESOTA 55,20_(��
WILL HARTF[LDT TEL.(E12)
A. GRANT `n
H. ORANOENHOFF
J. ELUMER O \\��\\%%"„IRS
WILLIAM J. WERNZ
ALLENE D. EVANS
e ECKY A. COMSTOCK (�
April 4, 1979
Mr. Alan P. Olson
City of Orono
P.O. Box 66
Crystal Bay, Minnesota 55323
Dear Mr. Olson:
Enclosed is a resolution with regard to Dr. David Dunlap's
proposed dredging which accords with our earlier discussions;
the content is identical except for the added navigational cI -
siderations which you suggested.
Please put this matter on for the 24th of April and inform
me if to your knowledge the City has any further problems with
this.
For your information I have begun contact with the other
affected levels of gov-rnment so that hopefully the matter can
be handled promptly this spring.
Respectfully yours,
BROEKER, HARTFELDT, HEDGES & rRANT
By
Will art e t
WH/jlh
Encl.
Mr. Will hartfeldt
Broeker, Hartfeldt,
2850 Metro Drive
Suite 800
Bloomington,
Minnesota 55420
Tele bf � &7b67
CITYof ORON6
Pont Office Box 66 -Crystal Bay, Minnraota 55323• Municipal Off ow
On the North Shore of Lake Minnetonka
April 6, 1979
Hedges & Grant
Re: #424 Conditional Use Permit - Dredging
David Dunlap
Dear Mr. Hartfeldt:
I have now received your proposed resolution regarding this
application and will place the matter on the agenda of the
April 24, 1979 Council meeting. You will be sent a copy of the
agenda when it is p •epared.
I would note that Mr. Dunlap aas verbally discussed possible
spoils disposal sites but that he has not yet supplied the City
:with any sort of plan which fixes a proposed location. I suggest
that he mark the attached copy of his survey to show the generally
proposed disposal site. This should be made available to me as
soon as :)ossible to allow staff review of the site. The staff
cannot specify a disposal site but only react to a proposal by the
applicant.
Sincerely,
Alan P. Olson
Village Planner
APO: kh
Enc.
cc: Dr. David Dunlap w/enc.
TO: Council
FROM: Alan P. Olson, Village Planner
DATE: April 19, 1979
SUBJECT: #424 David Dunlap, 1595 Bohns Point Road
CONDITIONAL USE PERMIT - DREDGING
This application was made last September and reviewed by the Planning
Commission which recommended approval and by the Council which, by
motion, denied the application. See the attached November 14, 1978
Council minutes.
On November 289 1978, the applicant requested time to provide additional
information. Suction dredging is now proposed with disposal to be on
dry ground to the south of the house. Runoff would be tcviard a marsh
which drains under Bohns Point Road to the east side of L:e point.
Containment could be accomplished by temporary plugging of the culvert
as was done for the 'Test Shore project.
Mr. Dunlap's attorney has provided a proposed resolution with findings
supporting a granting of the permit. If ::ouncil concurs, this
resolution could be approved as is or any changes or additions (such
as the runoff containment) could be added for final adoption at the
next meeting.
REGULAR !MEETING OF THE ORONO COUNCIL, APRIL 24, 1979
Paqe 4
Planning Commission recommended pla, approval
per this lot arrangement with a pri gate driveway
easement where Outlot A is shown 36 feet wide.
Staff recommends plat approval per this lot
arrangement e;:cent that the access should be
platted as two separate outlots. Outlot A, 50'
wide by 170' as shown, serving three properties
with an underlying easement to the City; and
Outlot B, that portion of the roadway shown 30 ft.
wide, serving two properties with conunon undivided
ownership and no easement to the City. The effect
is similar to a private easement except that it
will alwav5 clearly show on the plat anc3 all suiveys
Lo everyone's benefit. The applicant's cost should
even be less because no easement document need be
drafted.
Recor.wiended conditions of approval:
1. Three lots per survey dated March 31, 1979.
2. Outlot A with underlying easement to City - as shown
3. Outlot B for private driveway - 30' wide as shows,
4. Drainage easements platted as shown with flowage
and conservation easement to the City.
5. Drainage and utility easements platted 5' wide along
all lot lines (except omitted in wetlands).
6. ''.ie park fee for the one new lot.
7. New driveway construction (in Outlot B) subject
to City Engineer's and MCWD approval and permits.
Council Meeting - Apri_l. 24, 1979
Butler moved, Paurus seconded, to give preliminary
approval for a sudivision request of Popov/Poisson,
4080 Bayside Road, per the above recommendations.
Motion, Ayes (4) - Nays (0).
Mr. Alan Olson, City Planner, entere' into the
record the request for a conditional use permit
for dredging of David Dunlap, 1595 Bohns Point
Road, dated April 19, 1979, wnich states:
This application was made last September and
reviewed by the Planning Commission which
recommended approval and by the Council which,
by motion, denied the application, Council
Minutes November 14, 1978.
On November 28, i6, the applicant requested
time to provide add:iti.onal information. Suction
dredging is now proposed with disposal to be on
dry (!round to the south of the house. Runoff would
be toward a marsh which drains under Bohns Point
Read to the ea7,t side of the point. Containment
could be accomplished by temporary plugging of the
culvert as was done for the West Shore project.
SUBDIVIS]FLN
4080 Bayside Road
(Continued)
CONDITIONAL I SE PF.R.MIT
J534_ Bohns Point Road
( #42L4_�)
la "i8 Dunlap
(Continued)
REGULAM MEETING OF THE OR0140 COUNCIL, APRIL 24, 1979 Page 5
fir. Dunlap's attorney has provided a proposed CONDITIONAL USE PERMI1
resolution with findings supporting a granting 1595 Bohns Point Road
of the permit. If Council concurs, this resolution (Continued)
could be approved as is or any changes or additions 1
(such as the :runoff containment)could be added for
final adoption at the next meeting.
Co-tncil Meeting - April 24, 1979
Mr`yi:;t Van Nest moved, Butler seconded. to concept-
ua'..ky approve suction dredging as pr.oi )sed for
Dav13 Dunlap, 1595 Bohns Point Road, and to draft
r+�awiuti.on concerning any future subdivision's
additional riparian access,to be included in the
chain of title,wi'-h both Mr. Dunlap and his neighbor
signing off on the resolution and the final
disposal site to be properly approved. Hotion,
Ayes (4) - flays (0) .
Mr. Alan Olson, City Planner, entered into the SUBDIVISION
rc�-ord the following request of JamE Lindsay, 2505 Kelly Avenue
2505 Kelly Avenge. dated December 21, 1978, which #t448
states: James Lindsay
Sketch Plan Review: fir. Lindsay proposes dividing
Lot 1 nf the KeIT-
y Avenue Subdivision into three
one-aci. lots. Please review application for
Lindsay's reason for platting. Lots meet the
required area for Zoning District LR-lB. Each
lot appears to have the minimum 140' lakeshore
wid' . but lot dimensions are not complete and will
be reviewed before next presentation. The setbacks
for existing buildings on Lots 1 & 2 are satisfactory
but the duplex on Lot 3 will require a variance
for rear yard setback.
Access Road: The existing driveway will appear as
a private road easement serving Lots 1 & 2.
Wetland: The wetland at the northwest corner of
parcel has not been designated on plan. We will
require a conservation and flo,age easement over
the wetland.
Riparian Rights: The applicant requests a joint
dock or —each ut (one dock serving two dwel., nq
units;. If '_anning Commission approves, then a
variance to the Flood Plain - Wetlands Management
Ordinance must be given. Lot 1 is involved; Lot 2
appears to have 15'-20' of available lakeshore but
the setback request of 10' will take most of it, and
Lot 3 would not be involved.
Staff recommends a private outlot over tLe existing
dock area. This alternative will lessen the impact
on wetland and & smiss the need for a varian-e. Wont-inued)
Telephone 473.7367
CITY of ORONO
Poet Office Box fib • Crystal Bay, Minnesota 55,923 • Municipal Officer
On the North Shore o/ Lake Minnetonka
April 30, 1979
Mr. David Dunlap
1595 Bohns Point Road
Wayzata,
Minnesota 55391
Re: #424 Couditional Use Permit - Dredging
Dear Mr. Dunlap:
Enclosed is the redraft of the resolution for approval of
the dredging permit. As discussed at the Council meeting
of April 24, 1979, you and your neighbor to the north should
sign and return one copy of the resolution to me before the
next meeting.
Sincerely,
A
Alan P. 1 in
Village ' iner
APO: kh
Enc.
cc: Mr. Will Hartfeldt
RESOLUTION NO. 1028
d�(lXIA/ 9 t- COIZI
A RESOLUTION APPROVING A CONDITIONAL
USE PERMIT FOR DREDGING BY DAVID DUNLAP
WHEREAS, the ,ity of Orono is a municipal corporation
organized and existing under the laws of the State of Minnesota; and
WHEREAS, the City Council of the City of Orono, hereinafter
"Council" has adop*ed Ordinance 125, Ordinance 167, Ordinance 179,
and Ordinance 213 all for purposes of regulating filling, grading,
dredging, excavation and construction within the Flood 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 I.ot 1, Lydiard's Park; and
WHEREAS, said application has been reviewed by the Planning
commission 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
subm,tted by Mr. Dunlap rnd based upon the review of the Planning Connnissi
and Coui►uil, the City Council hereby makes the following Findings of Fact:
1. The lagoon was dredged in 1950 pursuant to DNR Permit 50-8
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.
2. The lagoon mouth has gradually closed over the last
28 years by encrescl- -ant of a natural sand blanket in the
area.
Reso to ion No. 1028
Page I
3. The present channel depth of less than half that
required in the permit constitutes an obstruction to
navigation 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 chara..:ter of public waters and their existing
shorelands, 6 MCAR 1.5022 A.
5. The Council has repeatedly made findings that any
dredging is detrimental. to the lake, but previous
dredging permits have been apprcwcd by the City Council
for maintenance of riparian rights. While the applicant
has other riparian shore, the shoreline is extremely
shallow requiring an unusually long 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 mitigates intrusion of visible man-made
improvements on the lake and avoids a navigational
impairment on the main lake.
6. The existing harbor and channel constitute a pre-
existing non -conforming use and the request for
maintenance dredging therefore constitutes maintenan—
of a non -conforming use rather than its enlargement or
replacement and therefore complies with City ordinac.ces
governing non -conforming uses.
7. The ap ant proposes to accomplish the dredging
by means of I suction dredging method.
A. Freshwater Biological Research Foundation report
on dredging in Lafayette Bay, Lake Minnetonka, dated
October 30, 1978, states that "clearly, suction
dredging for channel maintenance is much less deleterious
to the body of water than traditional dredging practices"
Resolution No.1028
Page 3
The 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 owners 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 Permit to dredge approximately 200 cubic feet of
material from the mouth of the existing harbor on his property, finding
that such dredging is required to maintain reasonable riparian access
to the property, subject to the following stipulations:
1. Dredging shall be limited to maintenance of the hannel
within the scope of the original DNR permit and shall_ be
done by the suction method.
2. Spoils disposal shall be generally in the area shown
on the attached map, Exhibit A. Prior to start of the
dredging, the spoils disposal arer3 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 Point Road shall be
temporarily plugged to prevent direct runoff into the
channel toward Crystal Ba-: In no case shall runoff be
allowed to run directly west into Crystal Bay.
3. 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 require.'. to
assure full erosion control.
Resolution No. 1028
Page 4
4. The approval of this dredging in no way provides
additional riparian access rights to Lots 1 or 2,
Lydiard's Park, beyond those rights existing prior to
the dredging. The affected owners of said lots
specifically agree to limit all docking to one dock
per lot according to the ordinances of the City 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 dimensic,ns 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 Owners of Lots 1 and 2, Lydiard's Park, hereby agree to
these conditions and further agree to having this Resolution recorded
in the chain of title of their respective properties:
er (s) LoCWLydiard 48 Park
Owner(s) Lot 2, Lydiard's Park
Adopted by the City Council of the City of Oronothei re ular
meeting on 8th day of N. ? , V _,
illiam B. Van Nest, Mayor
ATE S�T:
Walter . Benson, Clerk Administrator
7- vif
7-1-
E
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in- user
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A.PR 12 1979
CITY OF ORONO
=0*
A011— /44�,$v /�
Resolution No. 1028
Page 4
4. The approval of this dredging in no way provides
additional riparian access rights to Lots 1 or 2,
Lydiard's Park., beyond those rights existing prior to
the dredging. The affected owner)( of said lot)( 1
specifically agree�ta limit all docking to one dock
per lot according to the ordinances of the City and
the I..MCD.
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
p t the same to yield three feet of clearance, with
tI- 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.
S. This permit is conditioned upon permit approval by
the MCWD and the DNR.
Q1' P i i c a ►�'�
The Qwaaws_ ems Loci 1 __1 ', _ ' , hereby agrees to
these conditions.and fort agree
In the cbmin of LLC47ch,�-thetr- r "- - - - " $i`'erPe--t- tee-t---
2er(s;)
Lo , Lydiard s Park
,x o►K i 7-
i
Owner(s) 14t 2, Iydiard's Park
IK
Adopted by the City Council of the City of Orono thei re lar
meeting on 8th day of May
illiam B. Van Nest, Mayor
AT ST:
Walter . Benson, Clerk/Administrator
RESOLUTION NO.
A RESOLUTION TO DENY A CONDITIONAL USE PERMIT
FOR DREDGING BY DAVID DUNLAP
WHEREAS, the City of Orono is a municipal corporation
organized and existing under the laws of the State of Minnesota; and
WHEREAS, the City Ccuncil of the City of Orono, hereinafter
"Council" has adopted ordinance 125, Ordinance 167, Ordinance 179,
and Ordinance 213 all for purposes of regulating filing, grading,
dredging, excavation and construction within the Flood 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 applies f)r a permit to dredge
approximately 200 cubic feet of material from the mouth of a lagoon
on :t'_s property, legally described as Lot 1, Lydiard's Park; and
WHEREAS, said appiication has been reviewed by the Planning
Commission 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
submits--J '1y M- Dunlap and based upon the review by t:he Planning Commission
and ^oui.-il, the City Council hereby makes the following Findings of Fact:
✓ 1. The dredging is not required to maintain riparian access
to the property as there exists approximately 200 ft. of
shoreline abutting Lake Minnetonka in addition to the lagoon.
2. There has previously existed a boat dock extending from
the shoreline of this property directly into Crystal Bay,
Lake Minnetonka, which dock was not in the lagoon.
Dr. Dunlap has stated that the length of this dock would have
to be "about 75' long" which is less than the 100' permitted
the LMCD Ordinance.
Resolution No.
Page 2
3. Dr. Dunlap has stated that he wishes to construct a
"permanent do---k" which could be done in the lagoon but
which could not be done in the main lake. There is no
vested right in any landowner to install "permanent docks"
in Lake Minnetonka. Indeed, such docks require a special
StLte DNR permit ;ind a Conditional Use Perm.Lt from Orono
City Ordinance 213. Temporary o: Seasonal docks are permitted
without special authority.
4. Dr. Dunlap has stated in his letter of November 14, 1978
that the pug, —)se of the dredging is to "accommodate my new
boat".
5. The subject lagoon was man-made from an deparent marsh
or wetlands which was and is a naturally occurring feature
at the end of drainageways entering Lake Minnetonka.
1,, The dredging of the lagoon in 1950 was pursuant to a
permit issued by the Minnesota Depertment of Natural Resuurces
which agency has since drastically altered the procedures
and justifications for issuance of. dredging permits.
7. The closing of the lagoon mouth by sand or other material
is a gradual and natural occurence in the life of a lake and
is a natural reclaimati.on of the original wetlands or marsh
area.
8. If the lagoon became a marsh again, there is ample
evidence in many reports such as the Harza Studies, that
such a marsh would better filter storm water runoff and
prevent. lake pollution than would the open water of a lagoon.
9. Several dredging methods were discussed at the Tanning
Commission including hand shoveling, backhoes, clam dredge
and suction dredge. No method has been firmly proposed by
Dr. Dunlap although suction dredging has been mentioned as
the "preferred" method.
10. Suction dredging requires a local disposal site for large
volumes of water which must be ponded and evaporated. No
spoils disposal is permitted within wetlands or within 1000 ft.
of the lakeshore. Dr. Dunlap has discussed "low areas" on
this property where the spoils might be placed but the City
has no documentation (map) to indicate or evaluate such sites.
Resolution No.
Page 3
11. The Freshwater Biological Research Foundation report
on dredging in Lafayette Bay, Lake Minnetonka, dated
October 30, 1978, states that "clearly, suction dredging
for channel maintenance is much less deleterious to the
body of water than traditional dredging practices". This
is not to sa; that suction dredging is not deleterious
or is not adverse to some extent.
12. There has been no evidence submitted to show a
beneficial impact upon the lake ur to show a lack of
adverse ecological impact upon the lake. A letter from
J.M. Wood, Director of the FWBRF, states only that
".....for such a small amount of sediment, there will
be minimal disturbance to the ecosystem".
13. The only hardships presented by Dr. Dunlap are ones
of esthetics (lack of dock in main lake, lack of eventual
marshy lagoon) and convenience (permanent, rather than
seasonal dockage closer Lo Dunlap's house).
14. The only stated public interest to the dredging would
be improved access by fishermen to the lagoon. There is
no evidence to snow that fish and fishermen ( if net
fishing boats) can not now enter the lagoon with of water
at the mouth.
15. Fish spawning .i the lagoon could be hamper-- e
lagoon was opened to larger power boats than now po e.
16. Previous dredging permits approved by the City Council
have been for maintenance of riparian rights which is not
the case in this application. Suca permits include those
for Walters Port Association (May, 1977), Garman's Cove
Association (Jurte, 1977), and West Shore Lafayette Bay Assn.
(June, 1978) minates of which approvals clearly show the
overriding concern of maintaining riparian access to many
homes.
17. At least two recent applications for dredging were
withdrawn by the applicant when the Council clearly indicated
an intention to deny the application (Hannah, 1978 and
Birkland, 197:' & 1918).
Resolution No.
Page 4
18. The loss of this man-made lagoon to use by
Dr. Dunlap for mooring of a "new boat" is not caused
by the action or inaction of this Council but "during
the last 28 years however, there has been a gradual
encroachment of the sand blanket in this area..."
19. The Council has repeatedly made findings that any
dredging is detrimental to the lake, but that some
methods may be better than others.
AND, BE IT FURTHERMORE RESOLVED, that based upon the
above findings of fact, the City Council of the City
of Orono hereby denys the application for a dredging
permit by David Dunlap.
Adopted by the City Council of e City of Orono at their rebslar
meeting on I ,y of , 19
William B. Van Nest, Mayor
ATTEST:
Walter R. Benson, Clerk Administrator
REGULAR IIEETING OF' HE ORONO COUPlL.:,, `A. 8, 1979
Page 2
13utler i_,7ed, Massengale seconded, to approve the VARIANCE
variance request of R. M. Molde, 1423 Baldur Park 1428 Paldur Pa.:k Road
Rcad, s_._,ect to the combination of Lots 8, 17 t 18. e475
lotion, Ayes (4) - Nays (1) . Counci:cn►ei ber Hur� Nay. R M. Molde
Butler
moved, Paurus seconder
; adopt
solution
RES,L.UTION #1028
01029,
A Resolution Approving
, Conditic,
. Use
1595 Bohns 3cint Road
Permit
For Dredging By David
D,inlap, as
er.c-:?,:
Davld Dun' -p
to include
"suction dredging
with on -site
disposa�
C#42
or clam
shell dredging with off
-site disposal.
Motion,
Ayes (5) - trays (0).
fla,-, r Van Nest movi,d, Butler seconded, to gable the CONDTTIO USE PERMIT
request for a conditional use permit of Richard Oliver,3898 Che_ry Avenue
3898 i_'heriy Avenue, ur+- A the next meeting. ?lotion, #458
Ayes (5) - flays (0) . Richard Oliv r
Mayor Van Nest moved, }lurr seconded, to approve the VARIANCE
variance request of Jim P. Wnrner, 14n8 Baldur Park .408 Baldur Park Road
Road, hardship being narrowness of lot ar..,^cation, 4473
of gara(aes. Mr Ayes (5) Nay . (0) . Jin ". Werner
Mayor Van Nest v�-d, Butl -r seconded, to adopt RE-OLU'l -)N #1029
:,esolutaon #102;, A Resolutiun Ch-nginq The Name Spates Avr ie
Of r - itral Avenue To Spates Avenxie Ir. 'the City Of
Oroi.o. Mot.?on; Ayes (5) - Nays (0) .
Mayor Van Nest moved, .14assengale se,- rided, ' a defcr ENSEMENT
until the next meeting the easemen atter zt 1416 1410 Bohns Foin'. Road
Bohns Point Woad, flotion, Ayes (5 lea; s 60; .
Paurus moved, Hurr seconded, t., table until. the next. JOLNT UbL DcCY LICENSE
meeting the 1979 Joint Use Dock License for the Fox- Fc;), L1 Asp-. ciat.,_)n
hill Homeowners ASSCL.ation. Motion, Ayes (5) -
Vays (0).
Butler mo\eu, ' irr seconded, to amend
#102,, permit, g all slips and buoys
1978 to be legally installed and used
Motion, Ayes (5) - flays (0) .
Resolution DFa:�RD MA1,_ Lic..'NSF
licenAed in
in 1979.
Massengale moved, Butler seconded, to adopt Resole- n. RES ,rION -1030
#1030, A Resolut.,--r. I• -resting Staff To Issue A Gayleb Marina L' -nse
Convnercial Dock L sense To Gayles Marin- Corporatiun
Subject To Conditions Noted Her in For Period
Of January 1, 1979 To D, n-1,2 31, :979 Moti-r:,
Ayes (4) - days (n). C .(ilmeriber Pau s abst3ined.
Telephone 473.7357
CITY of ORONO
Post Office box 66•Crysta, 4linnrsc,ta .`WVPMiinicipal Oi,,cea
On the Nor!h Shore of bake Minne,(-
May 9, 1979
Mr. David Dunlap
1595 Bohns Point Road
Wayzata,
Minnesota 55391
Re: #424 Conditional Use Permit - Dredging
Dear Mr. Dunlap:
Attached are two copies of Resolur;:,Li No. X28 with the co. -ages
included to permit clam shell dredging instead of suction dredging
at ;our option. The permit will be effect-JA : when you return one
copy to the C_ty with your signature -nd your neighbor's siF-na' A.
Sincerely,
17
Alan P. Olson
Village Planner
APO:kh
cc: Mr. Will. 4artfeldt w/ 1c.
T0: council 24
FROL: A"an P. Olson, Willage Planner
DATE: May 29, 1979
SUBJECT: #424 Conditional Use Permi,:
David Dunlap, 1595 Bohns Point Road
Dr. Dunlap I K signed ResoLution No. L0)_6 concerning the proposed
dredging in the lagoon on his property. His neighbor, Mr. Aines,
rel";s(,s to be a part of the project of to sign the Resolution.
Dr. Dunlap further sees no rearon to file the Resolution in hi:
-amain of title.
per my review at the April 24, 1979 meeting, the dredging
rctivity teas no effect, positive or negative, on the riparian
access or future division of either lot. Therefore, I recommend
that Resolution No. 1028 be amended by deleting certain sections
on Page 4 per the attached copy.
REGULAR MEETING OF THE ORONO COUNCIL, JUNE 12, 1979
Page 5
Butler moved, Hurr seconded, to adopt Resolution
#1038, A Resolution Approving A Registered Land
Survey For R. L. Wenkstern, 645 North Arm Drive.
tiution, Ayes (4) - flays (0) .
fir. Alan Olson, City Planner, informed the City
ouncil that Dr. Dunlap has signed Resolution
1028 concerning the proposed dredging in the
lagoon on his property. His neighbor, fir. Aines,
refuses to be a part of the project or to sign
the resolution. Dr. Dunlap further sees no
reason to file the resolution in his chain of
title.
As per my review at the April 24, 1970 meeting,
the dredging activity has no effect, positive
or negative, c.z the riparian access or future
division of either lot. Therefore, I recommend
that Resolution #1028 be amended by deleting
certain sections on Page 4 per the attached
copy.
Butler rloved, 'furr seconded, to approve the
amen �d ResolLLion #1028 for the conditional
use permit of David Dunlap, 1595 Bohns Point
Road. Motion, Ayes (4) - Nays (0).
fir. Alan Olson, City Planner, entered into the
ecord the request of Richard Oliver, 3898 Cherry
,7en ue, for a conditional use permit, dated
ebruar} 21, 1979, which states-
Wor' ssion - The garage and g uost apartment at
389� ILerry Avenue wa- damaged by fire on
February 3, 1979. We have been inforitted that the
apartment was rented a a ,Tim and Cindy Poulton.
The renting of an apartment in a residential zone
is a violation of the Zoning Code, Section 34.027.
34.027 Guest Houses: A separate dwelling constructed
on an existing undivided lot for the sole use
of the occupants of the principal buildings,
including their domestic employees or their non-
paying guests. All regular lot requirements shall
be met by the guest house.
Mr. Oliver has been informed of the violation and
because of this, staff has advised him to apply
for a conditional use permit. Please note, staff
did not base their action on percentage of damage
done to orig•.nal a ucture. The house is in the
process of being sold and the guest apartment
was considered In the overall sale price. Mr. Oliver
and t►e new owner -- - be made aware through the
condi i nal use permit that this cannot be a rF-ntal
RE.jUL,3TION # 10 3 8 *
645 North Arm Drive
CONDITIONAL USE PERMI:
1595 Bohns Point Road
#424
David Dunlap*
CONDITIONAL USE PER11IT
3898 Cherry Avenue
#458
Richard Oliver
(Continued)
tin it.
1
Telephone 473.7367
CITY of ORONO
Post Office Box 66 • Crystal Bay, Minnesota 55323 • Municipal Offices
On the North Shoe of Lake Minnetonka
June 14, 1979
Mr. David Dunlap
1595 Bohns Point Road
Wayzata,
Minnesota 55391
Re: #424 Conditional Use Permit - Dredging
Dear Mr. Dunlap:
On June 12, 1979, the Council amended Resolution No. 1028,
hopefull- fai tll� last time. The changes on Page 4 omit
any refer -.nce to Mr, Aines.
As before, I have attached two copies. Please sign and
return one copy to me for the permit to be effective.
Sincerely,
kla P. Olson
Village Planner
APO:kh
Encs.
q
BRUEHFR, HARTFELDT, HEDGES & GRANT
ATTORNEYS AT LAW
JOHN M. BROEKER
WILL HARTFELDT
STEVEN R. HEDGES
DAVID A. GRANT
GERALD H. BRANDENHOFF
BAR9ARA J. BLUMER
WILLIAM J. WERNL
ALLENE O. EVANS
BECKY A. COMSTOCK
2850 METRO DRIVE -SUITE 600
MIMNCA.0111 IQ !RI riri JIM!'i Tnml MINMCQATA KA,Ii n
TEL.(61?1 854-5263
The Honorable Brad Van Nest
Mayor of Orono
Post Office Box 66
Crystal Bay, Minnesota 55323
Dear Mayor Van Nest:
July 3, 1979
,, OF. ()BOND
Our office represents Dr. David J. Dunlap who was granted
a Conditional Use Permit fc.- dredging by the City of Orono on
June .12, 1979. That Conditional Use Permit was authorized by Reso-
lution No. 1028 of the City of Orono.
Although Dr. Dunlap has received approval from the City
of Orono for his proposed dredging, under Minnesota Statutes, Chap-
ter 105 (Hess. Laws 1977), the City of Oi)no must be served with a
copy of Dr. Dunlap's Application to the Department of Natural
Resources for their approval of his proposed project. In accordance
with that statutory requirement, please find enclosed a copy of
Dr. Durlap's DNR Application, the Notification of Permit Application,
a copy of Resolution No. 1028 of the City of Orono, three sketches
and the original Department of Natural Resources Permit for dredging
in the harbor area ii. 1950.
Even th( 1h the City of Orono has approved Dr. Dunlap's
permit application previously, the Department of Natural Resources
will not take action on his Application until comments from required
agencies have been submitted. Dr. Dunlap, understandably, is
anxious to obtain the needed approval from state and local agencies
so that he may complete the dredging if approved. Thus, your prompt
assistance in returning the Notification of Permit Application with
comments to the P partment of Natural Resources will be greatly
appreciated.
The Honorable Brad Va., Nest
July 3, 1979
Page 2
If you have any questions regarding the Department of Natural
Resources' Application or any other matters relating to this permit,
please do not hesitate to contact the undersigned.
Very truly yours,
BROEKER, HARTFELDT, HEDGES & GRANT
By Bec A. Comstock _
BAC:gsr
v
Erclosures
NA-92670-01
(W-221) STATE OF MINNESOTA
(Rev 74) DEPARTMENT of NATURAL RESUURCES
NOTIFICATION OF PERMIT APPLICATION
INSTRUCTIONS FOR THE APPLICANT
Minnesota Statutes, Section 10S.44, Subdivision 1, requires yo;; to supply a complete copy
and all supporting data of your water permit application to the following:
A) The chief executive officer of the city or township within which
the project is located.
B) The secretary of the Board of Managers of the watershed district,
if any, within which your project is located or which youe• project
may affect.
You MUST certify having served the complete application on the above in the box on the back
side'oT—the application form W-S4.
iN ADDITION, if your project is NOT located in a city, a complete capy and all supporting
data of the application should be submitted to the Administrator of the Shoreland Manage-
ment Program for the affected county.
Complete this form for each notice served on a local government official.
SECTION I (TO BE COMPLETED BY APPLICANT)
TO: A) Chief executive officer of the (check)
QC city, [Q township of Orono
print or type mane
Minnahsba
8) Secretary of .,,e board of managers of the Creak watershed district.
print or type ncane
C) Administrator of the shoreland management program of Hennepin county.
?print or type
David J. Dunlap
1595 Bohn's Point Road
FROM: Wayzata, Minnesota 55391 Date: July �19_ L
i przn or type mvne cmd address of app zcant
# # # # r # # # # w # # # • # # # # r # # r r # a # a # • • a
INSTRUCTIONS FOR THE LOCAL GOVERNMENT
This report from provides iou an opportunity to submit input to the Department of Natural
Resources to assist in deL _ing whether to grant, modify, or deny the requested permit.
t is NOT absolutely cessar• for local agencies to officially approve or disapprove the
project or make any ._commendation, although this may be done if desired. It is requested
that local agencies indicate the following, as applicable:
A. The relationship of the proposed project to local plans for the
affected water and related land.
B. The relationship of the protect to local land use controls including
flood plain and/or shoreland regulations.
(continued on reverse side)
.NA-02670-01
(W-221)
C. Any possible effects of the proposed project on the water resource, (Rev 741
navigation, fish and wildlife, conservation, pollution, and the
general public interest.
D. Any recommended modifications in the proposal or other alternative
way of achieving the desired objective which would reduce undesirable
effects.
E. Any pertinent factual data avail:.ole concerning the water body or the
proposed project.
F. Reasons for any local objections.
Please complete this form and return to the address shown in the lower left corner of
this nage -i thin IS days, if possible, or inform the depart:"ent if-,Idi`io, time is
nt;c..JU.
SECTION II (TO BE COMPLETED BY CITE', TOWNSHIP, WATERSHED DISTRICT OR COUNTY)
The applicant named on the opposite side of this form submitted a copy of hi;, ,.,aye-, it
appli-cation on 19 It has been reviewed and the following commen_s
are submitted for consideration y the Department of Natural Resources.
r Z /
�. t-.ate,.. �.•� /02�''
(Attach additional sheets if necessary)
t
DEPARTMENT OF NATURAL RESOURCES
Division of Waters
Regulations Unit
Centennial Building
St. Paul, MN 551SS
Dated
Gov't Official's name_ QL,4,1J jeQLjORI -__
print or type,.
Signature "
Title.--�1�.��i _.p�/✓•�CJ�.--
Address p AL i AM/
S,ffS 3
rra(EaSNID i1Di1NDA�7 .w
/ r
"ice i
14 0%
MINVNEHAHA CREEK
uxl MIMIt[lOMxa
WATERSHED DISTRICT
P.O. Box 387, Wayzata, Minnesota 55391 rlr �sDr• �IrEit
t
110m0 Of WINAGERS.
1 .ad M. crxhi , Pn N Us 'slmatitr • A'bot I. Lehman a lames ' Russell • 1•sn Will me
July 23, 1979 AJ�24
Mr. David J. Dunlap
1595 Bohn's Point Road
Wayzata, Minnesota 55391
Re: Permit Application No. 79-82
Location: 1595 Bohn's Point Road - Orono
Purpose: Maintenance dredging
Dear Mr. Dunlap:
At its meeting on July 19, 1979, the beard of Managers of the
Minneh aha Creek Watershed District reviewed the subject permit
application.
It approved the permit as requested with the following conditi .is:
1. All spoil shall be placed above the 100-year flood
level and in a manner to pre✓ent its return to
the floodplain by leaching ar erosion.
2. All work shall conf---m to the requirements of
the City of Orono, Minnesota Department of Natural
Resources, and Lake Minnetonka Conservation Distract.
Approval is recommended under Minnehaha Creek Wat( -he_t t>>astrict
Rule E., Dredging and/or Related to Water Arias.
Permits are valid for one (1) year.
Please contact us at 473-4214 when the pruJact is about to
cow¢aence so an inspector may view the work in progress.
Mr. David J. Dunlap
July 23, 1979
page Two (2)
Thank you for your cooperation.
Sincerely,
EUGENE A. HICKOK AND ASSOCI.NTES
Engineers for the District
E. A. Hickok, P.E.
EAH/car
cc: D. Cochran
G. Macomber
A. Olson, City of Orono
K. Lokkesmoe, MDNR
F. Mixa, LMCD
' �^ MSTATE OF
C'ErARTMENT
t,etro Region Waters,
PHONE, ! �S-75?Q_-
OF N URAL RESOURCES
1200 Wa Huai: , �t . P^ f,2� 55106
August 21, 1979
David J. Dunlap
1595 Bohn's Point Road
Wayzata, Min.iesota 55391
RE: PERMIT APPLICATION 80--6006
Dear Mr. Dunlap:
F110 • -o. _ _
Enclosed is a water resources permit L horizing you to maintenance
dredge an existing harbor. Please read the permit and attached provisions
carefully, and especially note special provisions VIII and IX that relate
t.) the method of excavation and the plac-er^e:,t of the spoils.
Special provision XI requires you to stabilize the bank of the harbor
wit►i rock riprap. Enclosed is an informational phamphlet explaining riprap
shore protection. Placement of the riprap shore protection will protect
the harbor from accelerated sedimentation. If you have any questions, feel
i'ree to call.
Sincorely,
enffL.&ckesmoe``��
Regional Hydrologist
KL/JL/ch
cc: City of Wayzata ✓�
Bea Ransfer, C.O.
Hennepin ';ounty S41CD
St. Paul Waters,
LMCD
Minneliaha Creek WSD
JL
AN EO+ OPV 4TUN11 Y EMPLOYLP
'ITY. of
toow
IP1 THE bwDS OF PUBLIC WATER-',
PERMIT F9. 80-6006
DATE: August 21, 1979
SPECIAL PROVISIONS
(Only the nu,,:ibered Special Provisions apply to this pz.rmit)
XII. The permittee shall comply with all rules, regulations, requirements, or standards of
the Minnesota Pollution Control Agency and other applicable federal, state, or local
agencies.
The use of explosives in any of the waters of the state is prohibited unless the local
State Conservation Officer is notifi-,:.: thereof at least 49 hours in advance of the
time the work is to be done. (M.S., Sec. 101.42, Subd. 11).
Before construction and after completion of the project authorizes, permittee shall
supply the Regional Hydrologist with photographs of the project area.
Spoil material shall riot be placed on the beds of public waters, and, wherever possible
such material should not be placed anywhere within areas subject to flooding. In the
event spoil must be placed within flood plain areas because areas free from flooding
are not readily available, the spoil should be placed paralle to the direction of floc
flow and/or spread over a large area so as to minimize any possible obs;ruction to the
passage of flood waters.
XIII. Future maintenance of this project L.,Iill nDt exceed the dimensions herein authorized.
Irior to commencing any maintervance, permi,tee shall advise the Regional Hydrologist.
Maintenance excavation shall not be commenced until permittee's receipt of the Regional
Hydrologist's approval.
XIV. This permit does not obviate any requirement for federal assent from the U.S. Corps of
Engineers, 1210 U.S. Post Office and Cus`om House, St. Paul, "N. 55101
Perm.ittee shall seed a strip of land abutting both sides of the ditch to permanent
grasses and legumes, these strips to meet one of the following standards:
a. Each strip shall be at least 40 feet wide for the full length of
the excavated ditch and shall not, be mowed prior to July 15 in any
year: or
b. Each strip shall be at least 25 feet wide for the full length of the
excavated ditch, provided mowing of these narrower strips shall not
be done.
Any organic materials or mud wave that may be raised or pushed up above the existing
lakebed as a result of grade fill placement shall be removed to the satisfaction of
the Department of Natural Resources.
XV. _ Perm.ittee shall notify the Regional Hydrologist at 296-7523, and Conservation Officer
Iiea Rans er _, at 4f'L75727 48 hours prior to intent. to cor:rience authorized
work.
XVI.� Permittee shall notify the Regional Hydrologist immediately upon completion of author-
ized work so that a final inspection can be condlicted.
(SFF: REVERSE SIDE F'nR ADN,riC,14[. PR7Vr0-r0i1-), If- 1:Y)
When work is performed by contr.icrt, the permittee Shall, prior to co;:mencement of
work, notify the Regional Hydrologist, in writir'_,7, the name of the contractor,
the address, phone nixnber and project foremen for project.
Permittee shall prepare or require the contractor to prepare a comprehensive
ero.-don and sediment control plan addressing constri_icti_on and final grade stabili-
zatioh to prevent erosion and sedimentation into public waters. Such plan shall
include, but not be limited to, bale diking, temporary ponding, temporary and/or
permanent sodding, seeding, mulching and netting. Such plan shall be completed
prior to commencement of authorized work and submitted to the Regional Hydrologist
for inclusion in permit file.
XVII. Permittee shall ensure that the contractor has received and thoroughly understands
all conditions of this permit.
XVIII. Perm:itte� and contractor are hereby advised that any violation of the conditions
of this permit cinstitute a misdemeanor, punishable by a fine of $500 and/or 90
days in jail.
XI(. _ All exposed soil resulting from the authorized activity shall, within 48 hours of
completion of such work, be seeded with a mixture of perennial and annual grasses
and tne,i mulched with straw or, similar mulch. The use of sod as erosion protection
will preclude the need for seeding and mulching, provided the sod is installed with-
in the alotted time period and is staked on slopes steeper than 4 feet:'tior-izontal
distance every 1 foot of vertical rise.
STATE OF MINNESOTA
w 7050 DEPARTMENT OF NAfUHAL RESOURCES
Ra f Ir70 DIVISION OF WAFERS, SOILS AND MINERALS P.A. No. 80-6006
Contennjal Offir • "'ituildiny. St. Paul, Minnesota, 55101
IN THE MATTER OF THE APPLICATION OF D,1VID J. DUNLAP
fora PEHMI T TO CHANGE THE COURSE, CURHENT, OR CHOSS SECTION of Lake Minnetonka (27-133 )
Hennepin County
PERMIT
Pursuant to Minnesota Statutes, Chapter 105, and on thh bests of staternerrts and information eonta:ned in the permit application,
letters, otaps, and plans tibmitted by the apul,cant{ and other supporting date, all of whi,;h are made a part hereof by reference. PERMISSION
IS HEREBY GRANTED to David J. Dunlap _whose address for the purpose of notices and other
communications pertaining to this permit is _ 1595 Bohn's Point Road which aeWrms is subject to chanf)e by written
notice from the permfttee Wayzata, Minnesota 55391
To rerve sedimented sand from boat harbor and channel created under DNP permit
number 50-8, dimensions shall not exceed severity -five feet (751) in diameter
and shall not exceed six feet (a') in depth, also channel connecting said
'.,arbor to a navigable depth of water (41) with minimum bottom width of fifteen
feet (151) and maximum width if twenty-five feet (251) and 2:1 side slopes.
PROPERTY DESCRIBED as. Government Lot 1, Lydi3rds Park, Sc,4th ', Section 8
T117N, R23W
for the purpuse of maintenance dredging of boat harbor and channel. Hennepin COUNTY
This permit is grantad subje, t to the following GENERAL and SPECIAL PROVISIONS
GENErAL PROVISIONS
1 This permit ,s permissive only and shall not @lease the perrrnttee from any Lability or obligation imposed by Minnesota Statutes, Federal
Law or local ordinances relating thereto and shall remain in force subject to all conditions and limitations now or hereafter imposed try
law-
2. This permit is not assignable except with the written con;.nl of the Commissioner of Natural Resources
3. The Director of the Division of Waters, Sods and Minerals shall bit notified at lea%r five clays in advance of the commencement of fire
work authorized hereunder and shall he notified of its completion within five clays thereafter The notice of permit issued by the
Commissioner shall be kept se. uroly posted in a Conspiruuns place al the site of operations
4. Ao change shall be made, without written pr emission previously obtained from the Commissioner of Natural Resources, in the hydraulic
dimensions, capacity or location of any items of work authomred hereunder
5 The perm,ttee shall grant acces% to the site at all reasonable times dot mg and after construction to authorized representatives of the
Commissioner of Natural Resources for inspection of the work authorized hereunder
6. This Permit may be terminated by the Commissioner of Natural Resources, without notice, at any time he deems it necessary for the
conservation of the water resources of the state, or in the ,ntarest of public health slid welfare, or for violation of ,lily of the provisions
of this permit, unless othe•wise provided in the Special Provisions
SPECIAL PROVISIONS
1. Construction work authorized under this pe—rior shall be co npleted on or before November 1. 1979 Upon
written request to the Commissioner by the Pefm,ttee, stating this rdason theretnre, an e■tention of time may be obtained
It, The excavation of %coil authorized herein shad not he construed to include the removal of organic matter DOES NOT APPj,L_
unless the area from which such organic matter s
removed is impervioui or is sealed by the application of bentort,te after excavation
III In all caws where the doing by the permittee of anything atrthor,zedby th,spermit<hallinvolvethetaking, using,ordamagirtgotartyproperty
rights o, interests of any other parsun or portions, or of any puLlicly owned lands or improvements thereon or toterests Mersin, the
parmittee, before proceerhng therewith, shall obtain the written convent of an persons, agen(ies, or aouthorit,ees concernr-i, and shall
acgoire all property, rights and interests necessary thw itfor
IV This pwrn.tispermissweonly Nol,aMluyshellheirnpu%eJuponMmiurrerlhvt"StateofMinrwsrtanrany ofitsoffiryr%,agentsorempinyeKs,
officially or personaily, on &cco,.-,t „f r,,a grant r,q h.twl or on account of any dania.fe to any Pierson or protrrry resulting from
any act or Om,se,nn of the pennittee or any of it% agenls, amoinyees. or ccritrar tort-PIM,rog to any matter hereunclor This permit shaft
not be construed as estnp.ptnq or limiting sell, Iregsl claim% or right of action tit ,tiy j.efsein other that, the state against the perm,[tee in
agenn. employee%, )t contractot% for any danas,jr or injury re%ult,nrj from any wth at r or om,%ston, or as trstopp.nq or limiting any legal
claim or right of artion of the state against the permitt»e..ts ags cots. empinye!% or contractors fen violation of lit Iad,.re M comply wit"
the provisions of the permit for appiscaM• txovi%ions lit law
V No rnatenal *R<&vslart tsv authority lit this p*,m1f nor naienoo from all, other Kn,rt.e, eniepf a% apf.,f,all hereon, %hall he plat: M or, 4"
j,iv
Y , .
rtbn m of the hsrf of said wars which Ite%bMnw �,Il{� E1L'
It ihall tee the tb,ly n1 fhe Iretmitre! kt U»I». r•gne coirettly ail peft+nerit eie,eh,,ty%
of the sire of the wnnr IOr thee per pew@ UI tOrnpfgaol, .v.,h the ron(m,rt of lit rh.% prr r„r
vl Any ore fenron nt the ,Urfa, a of ya,d w41.,1 rip—It-ng lrro•, avert a.,tn,w, „eit hl, th,t prr- W .hp, hsi nine puM,r wain+%«tcJ ieff np.n arw9
unolleo,uc lrf 1nr .,k by the M,fil,•.
!ur« I
SPECIAL PROVISIONS
VII. Receipt is her«hy acknowledge of S DOES NOT APPLY as peyrnent for cubic yards of sand, gravel
or rock and cubic yards of niuLk and sJT, the estintaterl arnount of material to be rernove<f hweuo..:..,
computed et the rate of ten cents per cubic yard for sand and gravel and two cents per cubic yard for muck and silt.
Permittee agrees by acceptance of this permit as shown t , commencement of work aulhoti"d hereunder to pay, by certified check, bank or
postal money order, made payable to the State Treasurer and delivered to the Director, Division of Waters, Soils and Minerals, Department of
Natural Resources, Centennial Office Building, St. Paul, Minnesota 55101. for any material removed from the bed of public wavers in excess of
that so e-tinated, at the above rate within thrity days after completion of the work authori),ed hereunder.
VIII. All dredge spoils shall be placed above the 100 year flood elevation of the
lake, and contained so that no direct runoff returns to the lake.
IX. If hydraulic dredging is used, all return waters must meet Minnesota Pollution
Control Agency regulations and the contairiment area s1iall be approved by DNR
prior to commencing construction. If other dredging methods are used, z-n off
site spoil disposal area shall be utilized.
X. All side slopes within the boat harbor shall be 3 horizontal to 1 vertical.
XI. Riprap shore protection shall be placed along the harbor bank after dredging to
stabilize the bank.
SEF. ATTACHED SPECIAL PROVISIONS
cc: City of Wayzata
Bea Ransfer, C.O.
St. Paul Waters
Hennepin Ccunty SWCD
LMCD
Minnehaha Creek WSD
ma
DATED AT ST PAUL, MINNESOTA. THIS ZZ- DAY OF
__.____-�7Litv�sK�r, ►�trri, -�r.
RESOLUTION NO.
A RESOLUTION TO GRANT A CONDITIONAL USE PERMIT
FOR DREDGING BY DAVID DUNLAP
WHEREAS, the DNR permit 50-8 which permitted creation of
the existing harbor and channel imposed as a condition thereon
that the same "shall be considered pubic waters and shall be
left open and unobstructed for navigation by the public", Paragraph
IV thereof.
WHEREAS, the present channel depth of less than half that.
required in the permit constitutes an obstruction to navigation
b1 the public and is therefore violative of the public interest.
WHEREAS, the Flood Plan purposes of the City of Orono
are not adversely affected by ri intenance of the channel since
the absence of such maintenanc All not preserve wetlands as its
policies require.
WHEREAS, nor: -dredging which may convert wetlands from public
waters is not a stated objective of the City's ordinances.
WHEREAS, non -dredging may not create wetlands or even if it
does that the process may entail years of open, stagnant water with
mosquito breeding, stench and other possible nuisance aspects in-
jurious to riparian owners and the public.
WHEREAS, current DNR rules as a matter of general policy dis-
favor dredging and channeling in public waters make express exception
for maintenance dredging of channels to existing boat harbors, 6 MCAR
51.502: B.2.b.
WHEREAS, the DNR rules reflect a policy to prottct the exist-
ing natural character of public waters and their existing shorelarnds
and that doing so meets the Orono requirement- of showing th- app:icant's
,-tere-t ,_ ueii,g k.. the public interest, 6 MCAR 51.5022 A. entitled
Policy and General Restrictions.
WHEREAS, the existing harbor and channel constitute a pre-
existing non -conforming use and the requ_st for maintenance dredging
therefore constitutes maintenance of a non -conforming use rather than
its enlargement or replacement and therefore complies with City
ordinances governing non-conforminq uses.
WHEREAS, continued use of the harbor for boat docking rather
tlian construction of a long cock on the shallows lakeward from other
riparian access of the applicant mitigates intrusion of visible
man-made improvements on the lake and avoids a navigational impairment.
WHEREAS, the applicant 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.
WHEREAS, the application agrees to memorialize the above
stated limits on riparian use by imposing a restrictive covenant
running with the land in favor of the City of Orono or to execute
a conservation easement to the City to the same effect.
WHEREAS, 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.
THEREFORE, the Council determine:;:
1. Dredging shall be limited to maintenance of the channel
within the scope of the original permit and shall be done by suction
with deposit of the spoils as specified by the City. Excavation shall
be limited to 30 cubic yards.
2. This permit is dependent on permission from DNF.
3. This permit shall be governed by all the premises avid
promises herein.
NOW, THEREFORE, BE IT RESOLVED, that based upon the
above, the City Council of the City of Orono hereby grant the
application for a dredging permit by David Dunlap.
Adopted by the City Council of the City of Orono at their regular
meeting on day of , 1979.
William B. Van Nest, Mayor _
ATTEST:
�Tter �: �enson,er n atretor
Resolution No. 1 028
Page 4
4. The approval of this dredging in no way provides
additional riparian access ri-hts to Lots 1. or 21
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 City and
the I..MCD.
The applicant further :�grees to limit all do�,',.ing on
his property to one dock in the harbor and to install
no docks'lakeward on his property so long a 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 :he 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.
S. This permit is conditioned upon permit approval by
the MCWD and the DNR.
The Applicant hereby agrees to these conditions.
r(s) Lot 1 diarci s Park
Adopted by
th % Ci•y Council
of the City
of Orono at their regular
meeting on
day of
As amended
1979
_..__
on .y day of '.,--
,..__.__1_.___
:-- - ��.. _.._..__
_..1979.
le 1;1
1 _ _.JL jr�+
,June,
William B.
Van Nt %r, Mayor
AT sr:
waiter B.
Massengale, Acting Mayor
Walter R
nson, Clerk Administrator
Resolution No. 1 028
Page 4
4. The approval of this dredging in no way provides
additional riparian access ri-hts to Lots 1. or 21
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 City and
the I..MCD.
The applicant further :�grees to limit all do�,',.ing on
his property to one dock in the harbor and to install
no docks'lakeward on his property so long a 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 :he 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.
S. This permit is conditioned upon permit approval by
the MCWD and the DNR.
The Applicant hereby agrees to these conditions.
r(s) Lot 1 diarci s Park
Adopted by
th % Ci•y Council
of the City
of Orono at their regular
meeting on
day of
As amended
1979
_..__
on .y day of '.,--
,..__.__1_.___
:-- - ��.. _.._..__
_..1979.
le 1;1
1 _ _.JL jr�+
,June,
William B.
Van Nt %r, Mayor
AT sr:
waiter B.
Massengale, Acting Mayor
Walter R
nson, Clerk Administrator