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HomeMy WebLinkAboutResolution 1505 �.� _. "� • C�t� o� ORONO � � l RESOLUTION OF THE CITY COUNCIL NO. 1505 • . • ' • • EXHIBIT C TO RESOLUTION NO. 1502 FINDINGS OF FACT, CONCLUSIOPIS AND STIPULATIONS REGARDING • MAXIMUM AUTHORIZATION FOR JOINT USE RESIDENTIAL DOCK LICENSES ISSUED TO FOREST ARMS COUNTRY CLUB ADDITION HOMEOWNER' S. ASSOCIATION �WHEREAS, the City Council of the City of Orono has adopted in `Resolution No. 938 a policy that prohibits future expansion of the number of slips licensed as Joint Use and Commercial Multiple Docks; and WHEREAS, under Chapter 74 of the Orono Municipal Code, the City of Orono issues annual Joint Use Dock Licenses based upon the actual number of slips to be constructed and in use during any given year; and WHEREAS, Forest ArmS Country Club Addition Homeowner' s Association, hereinafter "Homeowner' s Association" has applied for a joint use dock • license based upon the maximum number of slips to be used in each year, which number has been less than the actual number of inembers in said Association and • WHEREAS, The Homeawner's Association and the City Council wish to establish for the record the maximum number of slips to be authorized and licensed for the Homeo�ner 's Association in the future consistent�� with the policies established in� Resolution No. 938, � NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Orono hereby makes the following findings of fact, conclusions and stipulations regarding the issuance of future joint use dock license to Forest Arms Country Club Addition Homeowner' s Association for a multiple dock on Lots 1 and 2, Block 3, hereafter "the property", Forest Arms Country Club Addition, hereafter "plat!' . FINDINGS OF FACT: . l. The plat' was approved by the City of Orono and filed on � September 2, 1958. 2. On October 3, 1960, the developer of the plat, Henry L. . Meyers, sold the remaining undeveloped lots to Harold H. Hansen. A condition of that was to require Meyers to deed to the City Lots 1 and 2, Block 3 "for the use and benefit of the owners of the offshore properties , �f Forest Arms Country Club Addition. " 3. Since 1960, all fourteen .(14) interior lots of the plat have been sold or .are in the process of being sold as riparian to Forest Lake - Lake Minnetonka. � t. r t `� . Cit� o� ORONO � • RESOLUTION OF THE CITY COUNCIL NO. 1505 • . • � • • . 4. 12 out of the total 14 interior lots have been developed since 1958 as follows: and before the adoption of Resolution #938 and , before the adoption by the L.M.C.D. of the general rule of one watercraft . per 50 feet of shoreline for multiple docks on. May 3, 1978: l . Lot 5, Block 3,3 4205 Forest Lake Dr - constructed in 1958 , 2 . Lot 7, Block 3, 4175 Forest Lake Dr - constructed in 1959 • 3. Lot 8, Block 3, 4155 Forest Lake Dr - constructed in 1974 4. Lot 4 + 1/3 Lot 5, Block 2, 4210 Forest Lake Dr - constructed in 1961 5 . Lot 6 + 1/3 Lot 5, Block 2, 4250 Forest Lake Dr - constructed in 1968 6. Lot 1 Block 2, 915 Forest Arms Lane - constructed in 1965 • 7. Lot 2 + 1/3 Lot S, . Block 2; 945 .Forest Arms Lane - constructed in 1958 � 8. Lot 3, Block 2, 965 Forest Arms Lane . - constructed in 1961 � 9_ Lot l, Block 1, 920 Forest Arms Lane - constructed in 1977 �0 . Lot 2, Block 1, 94.1 North Arm Drive - constructed in 1977 �l. Lot 3, Block l, 960 Forest Arms Lane - constructed in 1977 12 . Lot 4 & 5, Block l, 970 Forest Arms Lane - constructed in 1972 5. The interior lot owners within the plat have relied on the many representations made at the time of each individual . sale, � • . proof of such representation is documented in newspaper ads dating back to 1959 and have increased the number of 'sl•ip's, only up to its present number and have not used 1,4 slips on an annual basis in reliance on the assumption .that as the need arose to use 14 slips, such use would then be allowed. The docks within the permitted dock use area have been large enough to accomodate 14 watercraft .for years prior to May 31, 1978. � . � . � 6 . A survey conducted by the Orono Park Commission sometime in 1980 revealed the ownership of .the lots to be in� the City,� and therein began the lengthly discussions between the City and the Homeowner ' s Association to determine the future role of the City in relation to the established dockage rights for 20 years of the interior lot owners. 7. The "trustee" role as set forth in the deed to the City was unique for the City. The City questioned whether it could be deeded property for what in practice appeared to be for the exclusive use of individual property owners . � 8. The City of Orono has never received a complaint concerning the use of this property for multiple docics nor is there any record in the City files that the Ci_�.y required the users of the shared dock to file a joint use dock license application. (� �� i ` Cit� o� ORONO RESOLUTION OF THE CITY COUNCIL NO. 1505 • • � • • � 9 . Prior to 1980 the users of the shared dock for over 20 years were not aware that a joint use dock license: was required by both the City and the L.M.C.D: Neither the City or the L.M.C.D. ever informed the users of the dock (s) . . 10 . As soon as they were ii ormed by the L.M.C.D. of a need for a permit, the Homeowner's Associa..ion did apply to the L.M.C.D. for joint use dock. licenses , for the 1981 and 1982 seasons for a total of 14 slips on the same or similar docks which had been in place for years prior to May '31, 1978. At the request of the Cit� of Orono,, any action on the application by the L.M.C.D. was t.abled until the City . and the Homeowner ' s Association resolved the question of. ownership. 11. On June 27, . 1983, the City of Orono and the Homeowner ' s Association entered into a purchase agreement that permitted the sale of the property transferring whatever ownership interes� the City of •�rono had, to the Homeowner.'s Association and approving a total of 14 slips subject to the resolution of a land use matter for one interior lot and the sale of an undeveloped lot and approval by both the City the the L.M.C.D. of a joint use dock license for 14 slips. , 12 . Each owner of an interior lot owns an undivided interest in the property by reason of their membership in the Homeowner ' s Association � said ownership including the benefit associated with the riparian rights associated with said property. 13 . The By-Laws of the Homeowner 's Association provide that the boat slips are for the use and benefit of the interior lot owners within the plat and are not rented, leased or otherwise used by any person who is not an interior lot owner within the plat and no income is derived from the use of said slip by either the homeowner or the Homeowner' s Association. 14 . Since the acceptance of the plat in 1958, various lots have been sold and purchased based upon representations that a homeowner would be allowed to have a boat slip which could be. docked on the property. 15. The docks adjacent to the property have been and will continue to be constructed to conforin with the setback and length requirements which are provided for by the ordinances of the L.M.C.D. and the City. 16 . The approval of the plat and the establishment of the joint �se residential dock on the property .predate the current comprehensive plan of the City, the Zoning, Code of the City and the creation of the L.M.C.D. :' , � C�t� o� ORONO � � . RESOLUTION OF THE CITY COUNCIL Np, 1505 ,., � •NCLUSIONS OF THE CITY COUNCIL: � • �.� � . � '`''""fi�'�� 1 . prior to the adoption of Resolution No. 938 in August of 1978 , a common dock or docks existed on the property for 20 years and prior to the adoption of that same Resolution,. 12 of th.e 14 interior lots were developed and each was entitled to a slip under an informal usage arrangement, which was not questioned or contested by enforcing . aaencies. In 1983 , the Homeowner' s Association seeks approval of a maximum use level of 14 slips but with no more slips to be licensed each .year than the number to be actually needed for boats which procedure is similar to the procedure followed by the City and L.M.C.D. for the Foxhill Homeowner' s �Association in 1979 , which was in � ---- anticipation of the �adoption of the one boat per 50 ' limitation by the L.M.C.D. , also after the adoption of Resolution No. 938 : These 1:4 slips shall be considered �as "existing" slips for the purpose of , applying Resolution No. 938 and the one boat ,per 50 ' limitation of � the� L.M.C.D. � . 2 . An increase in the number of slips or boats to more than one boat per residence or to more than fourteen total sl�ips for the •Homeowner 's Association would be contrary to the 'policies established in Resolution No. 938. � �. The City Council therefore approves a maximum of 14 slips, or 1 boat per residence whichever is less, for the Forest Arms Country Club Addition Homeowner' s Asso.ciation. STIPULATIONS OF APPROVAL: l. Construction and use of docks on the property by the Homeowner' s Association shall remain subject to the provisions of Chapter 74 of the Municipal Code including all the requirements for annual license applications . 2 . The maximum number of slips to be .licensed in the future shall not exceed fourteen provided that• for any given year, the license shall be issued for no more than one boat per �esidence whichever is less . For the purposes of this I2esolution, the term "slip" shall include all boats kept at docks, slips, buoys, moorings, lifts or otherwise anchored or stored at this site. � 3. No boat slip or mooring need be actually constructed for any homeowner who does not wish to dock or moo� a boat during a boating season and ti�e �failure to construct a boat slip or mooring shall not be �vidence of the abandonment of the right to construct a boat slip or ooring during a subsequent year. , � 4 . All boat slips shall be for the exclusive use of the owners of residential units within the interior lots of the plat and no income �shall incur directly or indirectly to the Homeowner ' s Association or a homeowner from the use of said boat slip or mooring. 1' �� � � cit� o� oRONo RESOLUTION OF THE CITY COUNCIL NO. 1505 , • • � • • • . 5 . All boat slips and moorings shall be constructed and installed so that the dockage or moo�ings are within the setback anci length limits that are established by the Lake Minnetonka Conservation District in their authorized dock use area regulations . 6 . The Homeowner's Association j�rill agree to, deed restrictions • with the City of Orono, wherein the Homeowner ' s Association agrees �to waive any riparian rights that it may have to the dockage or mooring of any boats in excess of fourteen or any use of the property which is inconsistent with this R�solution. 7. Homeowner ' s Association shall submit a dock layout plan to be attached to this Resolution, which plan shall show a dock structure layout designed to accommodate a miximum of fourteen slips all within the authorized dock use area as established by the ordinances of the • Lake Minneto-nka Conservation District. This dock layout shall be the � basis for the layout� of docks to be constructed each �ear according to •the annual license. No part of this dock layout shall require any dredging or other alteration of � the existing shoreline or lake bed to accommodate boats at the locations shown thereon. � 8. The Homeo�aner' s Association shall submit the above plan with each application for an annual city joint use dock license showing thereon which slips are to be constructed that year and which slips are to be omitted that year. The maximum riumber of slips to be constructed each year shall not exceed. the number of developed interior lots in the plat. � ' 9 . Nothing in this Resolution shall prohibit the Homeo�ner ' s Association, from proposing revisions to the above dock layout plan provided all proposed rearrangements continue to comply with all required dock use area regulations as .they may exist at such time and provided that the maximum number of .boats or slips remains the same. � 10 . Nothing in this Resolution shall confer upon the Homeowner ' s Association or upon any member thereof any vested right to use Lake Minnetonka or the premises in a manner permitted by this Resolution, , but the use of Lake Minnetonka and the premises shall remai.n 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. � � . ,, . s . . ',." � l Clt� o� ORONO RESOLUTION OF THE CITY COUNCIL NO. 1505 • • ' • • 11. The approval of any given maximum number of slips in no way guarantees that all permit�ed .slips can actually be constructed or used during any given season if the natural condition of Lake Minnetonka should affect water depth or access to . the authorized dock use area. This approval shall not be precedent or cause for the Homeowner' s Association seeking or the City or any other agency approving any future application for dredging or dock use area variance. Adopted by the City Council of the City of Orono on the 25th day of July, 1983. C Mary C. er, Mayor • ATTEST: ��' ���� Alberta M. Strom, City Clerk �