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HomeMy WebLinkAboutResolution 3702 `.�'"' �"",�'' . � O� . • O O �b. - CITY of ORONO � ' ti � '� RESOLUTION OF THE CITY COUNCIL - ���kEsi3�g'�G NO. 3 � 0 2 RESOLUTION DIRECTING STAFF TO ISSUE A JOINT USE DOCK LICENSE TO �VALTER'S PORT MAINTENANCE & IMPROVEMENT ASSOCIATION � SUBJECT TO CONDITIONS NOTED HEREIN FOR THE PERIOD OF JANUARY 1, 1996 �'O DECEMBER 31, 1996 WHEREAS, the City of Orono, hereinafter "City" is a municipal corporation organized and existing under the laws of the State of l��innesota 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 citiz�ns of the City and other mernbers of tlie public within the City; and VVHE�ZEAS,the City shares concurrent jurisdiction over the primary h�rbor limit � of the City of Orono with the Lake Minnetonka Conservation District and the Department of Natural Resources of the State of Minnesota; and • WHEREA�,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 detrimen`.al to the�ublie health, safety ar.d general welfare; and � WHEREAS,the regulations of the DNR,LMCD,and the City of Orono regulate ihe property rights of the riparian owners both as to residential owners and the commercial rnai•ina ' owners to the extent prohibiting any interference with the public waters adjoining their property. The LMCD, UNR and City of Orono must fulfill their trusteeship over the public waters by protecting against interference by anyone, including those who assert the commonlaw ri�hts of riparian owners,whether or not they be commercial marinas or residential owners; S�'�EItEAS,as to Lake Minnetonka,a mutual right of enjoyment exists�ietween and is shared by riparian owners and the public generally,no one riparian owner has exclusive privileges over Lake Minr�etonka. T�e only additional private right that any riparian owner may have over the public�enerally is to c�tistruct one dock to the navigable depth of the public waters. There can be no dispute but that the public generally and each riparian o��vner to Lake Minnetonka has the right ro use the entire surface area of Lake Minnetonka for a11 suitable purposes in common with ail other � riparian owners. This right is a right not only to members of the public but the iight to each riparian owner. • This mutual right of enjoyment which is shazed by riparian owners and the public generally includes the recreational benefits of the lake such as boating and fishing therein; the riparian owner has nu exclusive pr.ivileges to these rights; and . Page 1 of 2 � °� � � � � o 0 �b. CITY of ORONO � ' ti '�' RESOLUTION OF THE CITY COUNCIL ��`9$E Hp4'�'G NO. ii `� o � - � S 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 and maintained by three or more families,which regulations include the annual licensing of Joint Use Docks pursuant to Section 5.42 of the Orono Municipal Code; and WHEREAS,the purpose of this Resohrtion 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, NO�V, 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 1 lth day of March, 1996. Gabriel bbour, Acting Ma or ATT T: � Dorothy M. H lli , City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The ioregoing instrument was acknowledged before me on this 1 lth day of March, 1996 by Gabriel Jabbour&Dorothy M. Hallin, Acting Mayor& City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. � • ° � . - .�� L�. . ,�e� ,._�_., LINDA S.VEE Notary Public • ; NOTARY PUBLIC-PJlINNESOTA < :•� ;- ' HENNEPIN COUNTY "�,�.�•°� My Commission Expires Jan.31,2000 Page 2 of 2 � _i • . CITY OF ORONO EXHIBIT A 3 � o � . '� RESOLUTION NO. �- CONDITIONS OF ISSUANCE FOR ANNUAL JOINT USE DOCK LICENSE I. LICENSEE: Walter's Port Maintenance &Improvement Association Dock Address: 2699/2701 Kelly Avenue � Agent: Ted Storlie ' Address: 2701 Kelly Avenue,Excelsior, MN 55331 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, 1996 to December 31, 199G II. BOAT DENSITY The nuinber 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 Carman Transient(Day use only) Slips . 0 ' Permanent Moorage Slips �_ Boat Lifts � Sub-Total: Slips at Dock 0 Offshore Buoys 0 Maximum Boats in Water �_ Maximum Boats per prior license 5 � IvIAXIMUM BOAT DENSITY 5 ��� _ � , �xhibit A . � Resolution No. � � 0 2 Page 2 � 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. III. DOCK LAYOUT The dock structure or layout authorized by this license shall be as shown on attached Exhibit B. 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. 1. Variances granted for 1996: a) West property line (extension of west line of Lot 2, Block 2, Walter's Port) - 10'required, zero setback proposed • b) Southeast property line(extension of southeast line of Outlot 2,Walter's Port) ' - 10' required, zero setback proposed 2. The five slips are approved for use by the following properties located in the plat of Walter's Port: Slip 1 -Lot 2,Block 2 � Slip 2 -Lot 2, Block 2 Slip 3 -Lot 1, Block 2 � Slip 4 -Lot 1, Block 1 Slip 5 -Lot 5, Block 3 (part of Lot 1, Carman Bay Heights) 3. City must be notified immediately of any change in use or configuration of the dock. 4. All boats permanently moored at this joint use dock must be register�d to the applicant property owners. 5. Lot 5,Block 3 (part of Lot l, Carman Bay Heights) is allowed four boats maximum � (1 of lagoon, 3 at outer lakeshore). � 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 matiner permiticd by lhis ` 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 aufliorities shall deem necessary from time to time in the public interest. � � �.. :.t.. •-s,. . ,: • �''�.. .. ' J ;-•-.. . � ♦ . •.C. �.� . . . : •• • • . RESOLCtr�,ort .� e`� "�' 0.� � �' � - � . .. -. _.- � � ��`��1�1� � �.,,, _ . - .____ .. _ _ .----- . - . �.�._. , —.— . _ _ • •.• _, •--_•� : - • _— '----�=-- ' ' _=--'�__' .'.�._-=-=;-- �� '�_- �-�L.�,�o� � �o�T�o; 3� . o o�� .. '-�.y o�-� . � . _. �� � - � . � . � � R1� ciAe . �t L �� ' -q�.�_ , ��� . �-- � ►.e� u UE '� � • �`'1 F�R� A�L�.0.� . ' ' " � �utu��- . 3�0..�. t . • �C`i �s-r.��� . 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