HomeMy WebLinkAboutResolution 3399 �,
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O O CITY of ORONO
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,, � RESOLUTION OF THE CITY COUNCIL
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,�, � ., .��� ti . No. 3 3 9 -�
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RESOLUTION DIRECTING STAFF TO
ISSUE A JOINT USE DOCK LICENSE
TO FOX�iiILL HOMEOWNERS ASSOCIATION
SUBJECT TO CONDITIONS NOTED HEREIN
FOR THE PERIOD OF JANUARY 1, 1994 TO DECEMBER 31, 1994
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
responsibiliry 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
WH�REAS, the City shares concurrent jurisdiction over the primary harbor limit
of the City 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 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
WHEREAS, tlie 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 adjoini.ng 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 enjoyment exists between
and is shared by riparian owners and the public generally, no one riparian owner has exclusive
grivileges 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
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� ��' CITY of ORONO
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�'�`� " RESOLiJTION OF THE CITY COUNCIL
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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
WI�REAS, 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 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 14th
day of March, 1994.
�
war . Call a , Jr., Mayor
ATTEST:
� ����
I��„d.a_ g Uee; �b.2p��..�, (�,1 er K.
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrume�t�.�w�as acknowledged before me on this 14th day of March,
1994 by Edward J. Callahan, Jr. & �er°``'�s��'� �V 1�, Mayor &�Clerk of the City of
Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the
� City.
• ��:�•. JAMIE L.BOSMA .
:V'9 `` NOTARY PUBLIC-MINNESOTA NOta blic
o�� : �,,: HENNEPiN COUNTY
•,�.�• My Comm.Expires 12-19-97
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� Fam SWS Disk Orono
_ .. �
CITY OF ORONO
• EXHIBIT A
RESOLUTION NO. � 3 � � _
CONDITIONS OF ISSUANCE FOR ANNUAL JOINT USE DOCK LICENSE
I. LICENSEE: Foxhill Homeowners Association �
Dock Address: 1801 Shoreline Drive
Agent: Ray Zitzloff
Address: 1160 Heritage Lane, Wayzata, MN 55391 �
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, 1994 to December 31, 1994
• II. BOAT DENSITY
The number of in-place boat slips, lifts and buoys shall not exceed the number shown on the
attached plan, Exhibits B-1 thru B-3, 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 Smith's
Transient (Day use only) Slips 0 "
Permanent Moorage Slips 9
Boat Lifts �
Sub-Total: Slips at Dock � 9
Offshore Buoys . �
Maximum Boats in Water 9
Maximum Boats per prior license 13
MAXIMUM BOAT DENSITY 13
�
� S� .,._.�� • , .
Exhibit A � � � � � "
• . Resolution No. '
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-1
and 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.
1. The maximum number of slips or moorings to be licensed in the future shall not
exceed 16 provided that for any given year, the license shall be issued for no
more than 1 boat per residence in the Foxhill Subdivision according to the
• findings set forth in the Resolution 1042 adopted by the City Council of the City
of Orono on the 12th day of June, 1979.
2. Winter storage of dock parts and sections shall be permitted on Outlot#1 between
the time the dock is removed from the lake in the fall and June lst of the
following year.
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.
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Granting of slip relocation
— . � (#1) is specific to this doc
plan and continuing approval of
neighbor to the west. Any
� . future amendment of the site pl n
, will require reconsideration of th
� ' ' entire site plan. (Per Board a io
Z I . of 3/25/92 and 1/26/94 . )
� FOXHILL: Subject to
� � g Variance Order of 9/28/78.
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FOXHILL: Subject to �
variance Order of 9-28-78 .
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