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HomeMy WebLinkAboutResolution 25974 FOR THE City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2597 RESOLUTION DIRECTING STAFF TO ISSUE A JOINT USE DOCK LICENSE VICTORIA ESTATES HOMEOWNERS ASSOCIATION SUBJECT TO CONDITIONS NOTED HEREIN PERIOD OF JANUARY 1, 1989 TO DECEmER 31, "City" is a municipal the State of Minnesota ta Zesota Statutes, seq.► to protect the of the City and other 1989 WHEREAS, the City of Orono, hereinafter corporation organized and existing under the laws of and responsibility under Min: and has the authority Statute 412, et. seq. and St if reStatute of uthe 4citizens health, safety, and general we a members of the public within the City; and WHEREAS, the City. shares concurrent jurisdiction over the primary with the e Minnetonka on servati harbor lim it of the City of Orono cesofthe State ofnMinnesota; District and the Department of Natural Resources and WHEREAS, the regulation of the navigable waters involves an a: police ower of the State, LMCD, and the City of Orono, all of o ment of the public 1de exercise of poli F pub waters and which have adopted rules to ensure to aloneoranear enjoyment p I rights and equal protection from activity u lased► may be detrimental to on the land within the City which, if unregulated, and general welfare; and the public health, safety ty of Orono WHEREAS, the regulations e ofhe anRowners LMCD,both as toand the lresidential erty rights of t F prohibiting any regulate the prop ro arty. The LMCD► owners and the commercial marina waters adjoining their p n F F over the public waters interference with the p those who assert DNR and City of Orono must fulfill their n trusteeship by protecting against interference by Y be commercial the commonlaw rights of riparian owners, whether or not they marinas or residential o ment WHEREAS, as to Lake Minnetonka, a mutual right of enjoy an exists between and is shared by riparian owners d the public lic generally► The no one riparian owner has exclusive privileges over Lake yMinnetonka. ver the private right that any riparian owner may th of the only additional p gene and public generally is to construct one dock to the navubliceg ep public waters. There can be no dispute but that the p riparian owner to Lake Minnetonka has the right to use the entire each rip • nnetonka for all suitable purposes in common with surface area of Lake Mis right is a ht not only to members of all other riparian owners. to each riparian owner.g the public but theright i Page 1 of 2 i CITY OF ORONO • EXHIBIT A RESOLUTION NO. 2597 CONDITIONS OF ISSUANCE FOR ANNUAL JOINT USE DOCK LICENSE I. LICENSEE: Victoria Estates Homeowners Association Dock Address: 540 North Arm Drive Agent: Thomas D. Mazer Address: 560 North Arm Drive, Mound, MN 55364 Licensee is: unincorporated homeowner's group XX incorporated homeowner's association unincorporated club or recreation group incorporated club or recreation group other License Period - January 1, 1989 to December 31, 1989 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 North Arm Transient (Day use only) Slips 0 Permanent Moorage Slips 6 Boat Lifts 0 Sub -Total: Slips at Dock 0 Offshore Buoys 0 Maximum Boats in Water 6 Maximum Boats per prior license 6 MAXIMUM BOAT DENSITY 6 • Exhibit A Resolution No. 2597 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. 1. Six slips are approved for Victoria Estates Homeowners Association for 1989 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. 1-ake M`nnelo►��' O co T fn r - I � N i • 2597 �) J U W - c � L 9'-Z-) Z prz. pv,rs-r1 r S o `� — 3 DSV• �,R — % Su f 19 � o . O J � Dev, , P oof' X Z I .. . ie G sum o ® ®!J iw O co T fn r - I � N i • 2597 • 45' _ .......... c l fP2. Ld®cr, L - '. �q��-4,o. 1Ase Docv- L-1«''''S� -- strPs—�q$Lr - c � L 9'-Z-) prz. pv,rs-r1 r S `� — 3 DSV• �,R — % Su f 19 � o J � Dev, , P oof' X MOB x .. . ie G sum o ® ®!J Q . J ._.,..... .. 0 LU J •C== JU 0 m z .� >. o O O • 45' _ .......... c l fP2. Ld®cr, L - '. �q��-4,o. i -- w O m� -• a o N Q . J ._.,..... .. N • 45' _ .......... c l fP2. 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