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HomeMy WebLinkAboutResolution 3899 . e. • � O� . • y O O ��b� - CITY of ORONO � ' ti '� RESOLUTION OF THE CITY COUNCIL �L�kE Hp4��'G . NO. � � � � .. � S RESOLUTION DIRECTING STA�F TO � ISSUE A JOINT USE DOCK LICENSE � TO THE OWNERS OF PROPERTY LOCATED AT � 3155 NORTH SHORE DRIVE,3185 NORTH SHORE DRIVE, AND 1406 BOI3N'S POINT ROAD SiTBJECT TO CONDITIONS NOTED HEREIN FOR THE PERIOD OF JANUARY 1, 1997 TO DECEMBER 31, 1997 WHEREAS, the City of Orono, hereinafter "City" is a municipal corporation organized and existing under the laws of the State of Minnesota and has the authority and responsibility under Minnesota Statutes, State Statute 412,et. seq. and State Statute 462, et. seq.,to protect the health, safety, and general welfare of the citizens of the City and other members of the public within the City; and WHEREAS, the City shares concurrent jurisdiction over the primary harbor limit • of the City of Orono with the Lake Minnetonlca Conservation District and the Department of Natural Resources of the State of Minnesota; and WHEREAS,the regulation of the navigable waters involves an exercise of police power of the State, LMCD, and the City of Orono, all of which have adopted rules to ensure to all equal enjoyment of the public rights and equal protection from activity on or near the public waters and on the land within the City which,if unregulated,may be detrimental to the public health, safety and general welfare; and WI3EEREAS,the regulations of the DNR,LMCD,and the City of Orono regulate the property rights of the riparian owners both as to residential owners and the commercial marina owners to the extent prohibiting any interference with the public waters adjoining their property. The LMCD, DNR and City of Orono must fulfill their trusteeship over the public waters by protecting against interference by anyone, including those who assert the commonlaw rights of riparian owners,whether or not they be commercial marinas or residential owners; WHEREAS,as to Lake Minnetonka,a mutual right of enj oyment exists between and is shared by riparian owners and the public generally,no one riparian owner has exclusive privileges over Lake Miruietonka. The only additional private right that any riparian owner may have over the public generally is to construct one dock to the navigable depth of the public waters. There can be no dispute but that the public generally and each riparian owner to Lake Minnetonka has the right � to use the entire surface area of Lake Minnetonka for all suitable purposes in common with all other • riparian owners. This right is a right not only to members of the public but the right to each riparian owner. Page 1 of 2 � °� � 0 0 � � ��6. - CITY of ORONO � � . '�' RESOLUTION OF THE CITY COUNCIL ��`9.kE p4�'G . . N O. � � 9 � � SH This mutual right of enjoyment which is shared by riparian owners and the public generally includes the recreational benefits of the lake such as boating and fishing therein;the riparian owner has no exclusive privileges to these rights; and WHEREAS,Lake Minnetonka is capable of substantial beneficial public�use only as long as all riparian users of the lake are regulated in such a way as to ensure there is no abuse of the limited riparian rights; and WHEREAS,the City has adopted reasonable regulations regarding the construction and use of lakeshore and dock facilities when such facilities are used a�id maintained by three or more families,which regulations include the annual licensing of Joint Use Docks pursuant to Section 5.42 of the Orono Municipal Code; and WHEREAS,the purpose of this Resolution is to set forth the above noted general conditions and concerns and the following special conditions as they relate to an application for an • annual Joint Use Dock License described on Exhibit A attached, . NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Orono hereby directs the Staff to issue a Joint Use Dock License according to the facts and conditions noted on Exhibit A attached. Adopted by the City Council of the City of Orono at their meeting on the 12th day of May, 1997. Gabrie abbour, Mayor A EST: � ��� � Dorothy M. lin, City Clerk ` STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) . , � � � ' The foregoing instrument was acknowledged before me on this 12th day of May, 1997 by Gabriel Jabbour & Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a � Minnesota municipal corporation and said instrument was executed on behalf of the City. • ����, � �� ""'• LINDA S.VEE � f� NOTARYPUBLIC-f�iINNESOTA Notary Public :`;�` , � � � .• HENNEPIN COUNTY `.�^••° My Cammission Expires Jan.31,2000 Page 2 of 2 . CITY OF ORONO � ' . EXHIBIT A � � 9 � RESOLUTION NO. CONDITIONS OF ISSUANCE FOR ANNUAL JOINT USE DOCK LICENSE I. LICENSEE: Property owners of 3155 North Shore Drive,3185 North Sliore Drive and 1406 Bohn's Point Road � Dock Address: 3155 North Shore Drive � � Agent: B. John Lindahl, Jr. Address: 1406 Bohn's Point Road, Wayzata,MN 55391 Licensee is: XX unincorporated homeowner's group incorporated homeowner's association unincorporated club or recreation group incorporated club or recreation group other � • License Period-January 1, 1997 to December 31, 1997 ` II. BOAT DENSITY The number of in-place boat slips,lifts and buoys shall not exceed the number shown on the attached plan,Exhibit B, and in accordance with Resolution 938, in no case shall the number of authorized boat slips, lifts, or buoys exceed the number permitted in the prior year's license. Authorized Boat Density per attached plan: Bay . Cr�stal • Transient(Day use only) Slips � 0 Permanent Moorage Slips ' 3 Boat Lifts � Sub-Total: Slips at Dock 3 Offshore Buoys . � . 0 . M�imum Boats in Water 3 Maximum Boats per prior license 3 • MAXIMUM BOAT DENSITY 3 Exceeding this maximum boat density,or exceeding the number of permitted slips, lifts or buoys is a violation of this license subject to revocation and/or prosecution for violation of Section 5.42 Subdivision 2 of the Orono Municipal Code. � � . y Exhibit A . � � 9 9 Resolution No. � • Page 2 � � III. DOCK LAYOUT The dock structure or layout authorized by this license shall be as shown on attached Exhibit B-2. Any changes in this layout shall be subject to prior review and approval of the City Council. . IV. SPECIAL CONDITIONS required for compliance with the ordinance of the City and/or the LMCD. The issuance of this license is subject to full compliance with these conditions. Failure to comply with these conditions is cause for license revocation and/or prosecution by the City. . This license is granted subject to the findings and conditions set forth in Resolution#1212 ' of the City council, sumn�arized as follows: � a) The three properties to which this Joint Use Dock License is granted are described as follows: i) (P,I.D. #09-117-23 33 0001) "That part of Gov't Lot 1 lying East of the West 442.93 feet thereof and North of the South 1058.3 feet thereof and South of Registered Land Survey No 269" (3155 North Shore Drive- Mandel) • ii) (P.I.D. #09-117-23 33 0015) "Tract I and the West 28.5 feet of Tract H, Registered Land Survey No. 269" (1406 Bohn's Point Road-Lindahl) . iii) (P.I.D. #09-117-23 33 0016) "Tract G and that part of Tract H lying East of the West 28.5 feet thereof, Registered Land Survey No. 269" (3185 North Shore Drive-Aanestad) � - b) There shall be only one dock allowed on the Mandel lot(P.I.D. 09-117-23 33 0001) which dock shall be no greater than 100 feet in length, and which dock must be constructed in accordance with all applicable City and LMCD ordinances, and which dock is intended to serve only the owners and their successors of the 3 properties described in a) above. c) On the Mandel lot(P.I.D. 09-117-23 33 0001) either attached to the dock, moored in front of the lot or located on the lot;there may not be at any time more than three watercraft, as defined by the LMCD, either docked, moored, or stored. d) The three watercraft allowed may be owned.only by the owners of the properties � described in a) above. � � V. Nothing in this license shall confer upon any person for the benefit of any property any • vested right to use Lake Minnetonka or the premises in a manner permitted by this resolution, but the use of Lake Minnetonka and the premises shall remain subject to such regulations and ordinances as the City and other competent regulatory authorities shall deem necessary from time to time in the public interest. ' . ��� g � ��L�� !v�� � J 9 � � � . !6� . /6� " . . . . ^'� ` �6 � . . �� . 1 . � . �� . �� y � • � �N� " . ����N� ` . � � /� ' � � . � � 4. 0 �� � ^ � . ' . �� v . ` I4q� - 3 s�tP.s � � �997 � 3. s�ps � � . � .