HomeMy WebLinkAboutResolution 2139 . y
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��._;� � Y-;�_:r.; RESOLUTION OF THE CITY COUNCIL
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� � �?' RESOLDTIOId DIRECTING STAFF TO
' " ISSUE A JOINT USE DOCR LICENSE �
TO THE OWNERS OF PROPERTY LOCATED AT
3155 IJORTH SHORE DRIVE, 3185 NORTH SHORE DRIVE,
AAdD 14 0 6 BOHN°S POINT RO1�D
SIIHJECT TO CONDITIONS 1JOTED HEREIN
Y�OR THE PERIOD OF JANUARY 1, 1987 TO DEC�ER 31, 1987
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 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
WHER�AS, the City shares concurrent jurisdiction ov� 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
WHER$AS, the regulation of the navagable waters involves an
. exercise of police power of the State, LMCD, and the City of Orono,
a11 of which have adopted rules to ensure to all equal enjoyment of
the public rights and equal protection from activity on or near the
public waters and on the land within the City which, if unregulated,
may be detrimental to the public health, safety and general welfare;
and
WHEREAS, tl�e regulations of the DNR, LMCD, and the City of
Orono regulate the property rights of the riparian owners both as to
residential owners 'and the commercial marina owners to the extent
prohibiting any interference with the public waters adjoining their
propersty. The LMCD, DNR and City of Orono must f u 1 f i 11 their
trusteeship over the public waters by protecting against interference
by anyone, including those who assert the commonlaw rights of riparian
owners, whether or not they be commercial marinas or residential
owners;
WHSR$AS, as to Lake Minnetonka, a mutual right of enjoyment
exists between and is shared by riparian owners and the public
general ly, 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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� � �} RESOLUTION OF THE CITY COUNCIL
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�_�'"' {��!��'��� ' NO. 2139
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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 all riparian users of the lake
are regulated ir� 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
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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, THElt$FORE, B$ 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 Counci 1 of the City of Orono at their
� meeting on the 23�d day of February, 1987.
Jam s R. Grabe , Mayor
ATT .
othy alli , City Clerk
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• CITY OF ORONO
EXHIBIT A
RESOLDTION NO. Z13q
CONDITIONS OF ISSUANCE FOR ANNUAL JOINT USE DOCK LICENSE
I. LICENSEE: Property owners of 3155 North Shore Drive, 3185 North
Shore Drive and 1406 Bohn's Point Road
Dock Address: 3155 North Shore Drive
Agent: Jack F. Rhode
Address : 3155 North Shore Drive, Wayzata, MN 55391
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, 1987 to December 31, 1987
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 Crystal
Transient (Day use only) Slips 0
Permanent Moorage Slips 3
Boat Lifts 0
Sub-Total: Slips at Dock 3
Offshore Buoys 0
Maximum Boats in Water 3
Maximum Boats per prior license N/A
• MAXIMUM BOAT DENSITY -_3--
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• Exhibit A
Resolution No. 213`�
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.
This license is granted subject to the findings and conditions
set forth in Resolution #1212 of the City Council, summarized as
follows:
• a) The three properties to which this Joint Use Dock License is
granted are described as follows:
i. (P.I.D. #09-117-23 33 0001) "That part of Gov't Lot 1
lying East of the West 442.93 feet thereof and North of the
South 1058.3 feet thereof and South of Registered Land
Survey No. 269" (3155 North Shore Drive)
ii. (P.I.D. #09-117-23 33 0015 ) "Tract I and the West 28.5
feet of Tract H, Registered Land Survey No. 269" (1406
Bohn's Point Road)
iii. (P.I.D. #09-117-23 33 0016) "Tract G and that part of
Tract H lying East of the West 28.5 feet thereof, Registered
Land Survey No. 269" (3185 North Shore Drive)
b) There sha 11 be on 1 y one dock a 11 owed on the Rhode 1 ot (P.I.D.
09-117-23 33 0001) which dock shall be no greater than 100 feet
in length, and which dock must be constructed in accordance with
all applicable City and LMCD ordinances, and which dock is
intended to serve only the owners and their successors of the 3
properties described in a) above.
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c) On the Rhode lot (P.I.D. 09-117-23 33 0001) either attached
to the dock, moored in front of the lot or located on the lot,
• there may not be at any time more than three watercraft, as
defined by the LMCD, either docked, moored, or stored.
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� Exhibit A
Resolution No. Z13q
Page 3
d) The three watercraft allowed may be owned only by the owners
of he properties decribed in a) above.
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
shal 1 deem necessary from time to time in the public interest.
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