HomeMy WebLinkAboutResolution 1980 , .„ . , ,
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� _ Cit� o� ORONO
• � RESOLUTION OF THE CITY COUNCI L
� NO. 19 80 .
, • � • • RESOLDTION DIRECTING STAFF TO
ISSDE A JOINT USE DOCR LICENSE
• TO SANDY BEACH PLACE
.' SUBJECT TO CONDITIONS NOTED HEREIN
� FOR THE PERIOD OF JANIIARY 1, 1986 TO DECEMBER 31, 1986
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 responsiblity 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 ti
WHEREAS, the City shares concurrent jurisdiction over the
, primary harbor limit of the City of Orono with the Lake Minnetonka
�J 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, 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 and City of Orono must fulfill their trustee-
ship 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 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.
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� � �� � Clt � ��o� ORONO �� �
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• � RESOLUTION OF THE CITY COUNCI L
• � � NO. 19 80 .
• � • • .
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
� WHEREAS, Lake Minnetonka is capable of substantial
' beneficial public use only as long as al 1 riparian users of the lake
' are regulated in such a way as to ensure there is no abuse of the
� limited riparian rights; and . ,
- WH$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 1the
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, THERBFORL, BE IT RESOLVED, that the City Counci 1 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 Counci 1 of the City of Orono at their
' meeting on the 14th day of April, 1986.�
�.
� a Mary . ler, Mayor
ATTE �,T:
,
0 othy M. alli , City Clerk
•
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• CITY OF ORONO
EXHIBIT A
RESOLIITIOId NO. 19 80 ;
CONDITIONS OF ISSUANCE FOR ANNUAL JOINT USE DOCK LICENSE
I. LICENSEE: Sandy Beach Place
Dock Address: 3995 North Shore Drive
:
' Agent: H. Richard Zuckman
i .
i
' Address : 1819 Dupont Ave. South, Minneapolis, MN 55403
� Licensee is: Owner
,
� License Period - January l, 1986 to December 31, 1986
` II. BOAT DENSITY -
` The number of in-place boat slips, lifts and buoys sha11 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 7 .
• Boat Lifts p
Sub-Total: Slips at Dock 7
, Of f shore Buoys p
Maximum Boats in Water �
Maximum Boats per prior license 7
MAXIMUb1 BOAT DENSITY 7
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.
•
�, ' ' . , .
' Exhibit A
' Resolution No. 1980
� Page 2 ,
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
conclitions is cause for license revocation and/or prosecution by the
' City.
' 1. The seven approved slips are for the exclusive use of the
residents/renters of Sandy Beach Shores.
2. City will require written approval from abutting and
affected property owners for each annual license review.
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 shal 1 remain subject to such regulations
and ordinances as the City and other competent regulatory authorities
shal 1 deem necessary from time to time in the public interest.
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