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Home My WebLink AboutResolution 3697 , _ ,�_ �':�. � , - , O�T - J " � � `/ O • O F _ �� . ITY of ORONO b C � � ��i ��'� RESOLUTION OF THE CITY COUNCIL . �kESH.��' NO. e� �1 � `7 RESOLUTION DIRECTING STAFF TO ISSUE A JOINT USE DOCK LTCENSE TO VICTORIA ESTATES HOMEOWNERS ASSOCIATION SUBJECT TO CONDITIO�NS I\TOTED HEREIN FOR THE PERIO� OF 7ANUARY 1, 1996 TO DECElVPBER 31, 1996 WHEREAS, �he 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 tmder Minnesota Statutes, State Statute 412, et. seq. and�5tate Statute 462, et. seq., to protect il��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 Ci�ty of Orono with the Lake Minnetonka 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 activit�� on or near the public waters and on the land within the City which,if iinregulated,may be detrimenta�to the°public health, safety and general welfare; and WHEI�EAS,the regulations of the DNR,LMCD,and ttie Gity of Orono r,egulate the property rights of�the riparian owners both as to residential owners and the commerciaT marina owners to the extent prohibiting any interference with the public waters adjoinirig their property. The LMCD, DNR and City of Orono must fulfll their trusteeship over the public waters by protecting aga.inst interference by anyone, including those who assert the conunonlaw rights cf riparian owners, whether or not they be comnaercial marinas or residential owners; � ' WHE1tEAS,as to Lake Minnetonlca,a mutual'right of enjoyment exists be��vEen and is shared by`riparian owners and the public generally,no one riparian owner has exclusive privileges over Lake Minnetflnka. 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. `� This mutual right of enjoyment which is shared by riparian owners and the public generally includes the recreational bene.fits of the lalce such as boating and fishing therein; the riparian owner has no exclusive privileges to these rights; an�i Page 1 of 2 • . CITY OF ORONO EXHIBIT A It�SOLUTION NO. � s � �` C'ONDITIONS Oi' ISSUANCE FOR ANNUAL JOINT USE DOCK LICENSE � I. LICENSEE: Victoria Estates Homeowners Association Dock Address: 540 North Arm Drive Agent: Rene' Sternau . Address: 440 North Arm Drive, Mound, MN 55364 , Licensee is: unincorporated homeowner's group X incorporated homeowner's association ' , unincorporated club or recreation group incorporated club or recreation group other • License Period- January 1, 1996 to December 31, 1996 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 North Arnl - Transient(Day use only) Slips 0 Permanent Moorage Slips d Boat Lifts � � Sub-Total: Slips at Dock � � Offshore Buoys � Maximum Boats in Water � . 6 Maximum Boats per prior license 6 • MAXIMUM BOAT DENSITY � 6 �� i. �xhibit A � Resolution No. .� 6 9 � Page 2 � Exceeding fliis maximum boat density,or exceeding the number of pertnitted 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�xhibit I3. �ny 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 issuanc�of this license is subject to full compliance with these conditions. Pailure to comply with these conditions is cause for license revocation and/or prosecution by the City. . 1. Six slips are approved for Victoria Estates Homeowners Association for 1996 subject to the stipulations set forth in Resolution#962 dated December 18, 1978. 2. All boats permanently moored at this Joint Use Dock must be registered to the • applicant property owners. 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. � � � . 4 � �� • �X1-f I �� g e� "� � � r� N° 6 9 � M�nne�°n ��o��,c.-tr�. . • �� Lake � 1 " ' �s� D oc� . � �o,Nr .� . ...r:. �. ' � SLr Ps —14 s'�- (��, c� L z� --�1- � �.rz.rt e S 1\ pSU ('R'°P . , � Z �� ,�• �"°�,� � Su� � 1 �s 3 .. � _ s�., � .. � i . � " � � � �� z I `� �� ' _ C� �'F . � , • � _ � �e-J� P�' P: ► . o . . � a a�� , ��.�-� S�, - - ° � �q $g � � � :�3.. 4su-� . , .� _ . � q g9 - ,� � ; � -- � I �, . ' a . � �—�s��s . . . . .0 �`�_l� ° I� �,� _� ' p�P� I � , _ � . 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