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Home My WebLink AboutResolution 3696� :._ �-a> , � O� O �O O �b. - CITY of ORONO � � ��L, �G'� RESOLUTION �FGTH�E CITY COUNCIL _ �k'ESH04 NO. ' 6 RESOLUTION DIRECTII�IG STAFF'I'O ISSUE A JOINT USE DOCK LICENSE TO SANDY BEACH PLACE SUBJECT 'TO CONDITIONS NOTED HEREIN FOR THE PERIOD OF,JANUARY 1, ].996 TO DECEML�ER 31, 1996 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 4G2, 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 dVHEREAS, the City shares concurrent jurisdiction over the primary harbor limit of the City of Orono with the Lake Muuietonka 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 af the State, LMCD, and the City of Orono, all of which have adopted rules to ensure to all equal enjoyment of the public rights ar.c�equal protection from aGtivity on or near the public waters . and on the land within the City which,if unregulated,may be detrimental to the public heal�th, safety and general welfare; and WI�gtEAS,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 aud 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; �vriethsr or not they be commercial marinas or residential owners; WF�EREAS,as to Lake Minnetonka,a mutual right of enjoyment exists between and is shared by rin��ian owners and the public generally,no one riparian owner has exclusive privileges over Lake Minnetonka. 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 benefits of the lake such as boating and fishing therein; the riparian owner has no exclusive privileges to these rights; and Page 1 of 2 . -�i.,us�.vr _ . � ! CITY OF ORONO . EXHIBIT A ItESOLUTION NO. � 6 9 6 GONDITIONS OF ISSUANCE FOR ANNUAL JOINT USE DOCK LICENSE I. LICENSEE: Sandy Beach Place � Dock Address: 3995 North Shore Drive � Agent: H. Richard Zuckman Address: 1819 Dupont Avenue South, Minneapolis, MN 55403 License Period-January 1, 1996 to December 31, 1996 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 West Arm Transient(Day use only) Slips 0 , Permanent Moorage Slips 5 Boat Lifts � 0 � Sub-Total: Slips at Dock 5 Offshore Buoys � Maximum Boats in Water .�_ Maximum Boats per prior license 6* See Item IV-4. MAXIMUM BOAT DENSITY 5 � � � Exhibit A � � �, Resolution No.�� s . Page 2 • Exceeding this maximum boat density, or exceeding the number of permitted slips, lif�s 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. The five approved slips are for the exclusive use of the residents/renters of Sandy Beach Shores. • 2. City may require written approval from abutting and affected property owners for each annual license review. 3. During the current license period, the City reserves the right to require a reduction in the number of license slips commensurate with any reductions of habitable dwelling units which may occur during the license year. 4. Because one cabin was demolished in 1991, leaving six rental units, the number of slips licensed for 1993 was commensurately reduced. The fire and subsequent demolition of an additional cabin in early 1994 left 5 rental units on the site,resulting in the reduction to 5 licensed slips for 1994 and fiiture years. 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 lime in the public interest. � ��';;� f.. . .•J �, � . . ♦ -' " j ��lr � ��o � .. , ; .�: , �" ' • , ' ��So�-�t�.d:� N�� s � � 1 l ��o �{ . r • � � � , . � � � . t � . ,i 1 - l � > > I l � 1 t I , �- I � t � i 1 t � . � � t � � � ' . . � l t i . 1 i l I � � ( - � � � � ( ll � b�.�� ` �� l ; ' � �� . -� � � '�- \q � t t �ri.' � � � , ,� ti� , � ► , � �ti 1 � ��'/ I � _ �/ .. � 'C' , � ��, i � ; � � l , �,� . 1 � � O sKoRE�� l i � I 1 ��' � . 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