HomeMy WebLinkAboutResolution 3077CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 3077
RESOLUTION DIRECTING STAFF TO
ISSUE A JOINT USE DOCK LICENSE
TO SANDY BEACH SHORES
SUBJECT TO CONDITIONS NOTED HEREIN
FOR THE PERIOD OF JANUARY 1, 1992 TO DECEMBER 31, 1992
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
WHEREAS, 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, 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 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 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
he public but the right to each riparian owner.
Page 1 of 2
CITY of ORONO
RESOLUTION OF THE CITY COUNCI L
NO. 3077
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 in
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
WHEREAS, the purpose of this Resolution is to set forth the above
noted general conditions and concerns and the following special conditions
s they relate to an application for an annual Joint Use Dock License
escribed 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 10th day of February, 1992.
Barbara A. Peterson, Mayor
- i ru•-
y M. H llin, City Clerk
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 10th
day of February, 1992 by -Barbara A. Peterson & Dorothy M. Hal lin, Mayor &
City Clerk of the City of Orono, a Minnesota municipal corporation and said
instrument was executed on behalf of the C'ty.
• CAROLE A. HASEMAN
NOTARY Pusut�MINNEsoTA Notary Pub l i c
HENNEPIN COUNTY page 2 Of 2
MY COMMISSION EXPIRES 623.98
CITY OF ORONO
• EXHIBIT A
RESOLUTION NO. 3077
CONDITIONS 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, 1992 to December 31, 1992
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 7
Boat Lifts 0
Sub -Total: Slips at Dock 7
Offshore Buoys 0
Maximum Boats in Water 7
Maximum
Boats
per prior license
7
MAXIMUM
BOAT
DENSITY
7
•
0
•
Exhibit A
Resolution No. 3077
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.
QV. SPECIAL CONDITIONS required for compliance with the ordinance of
he 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 seven 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 licensed slips
commensurate with any reductions of habitable dwelling units
which may occur during the license 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.
1�1
I
TREE
A-. — loT L i WE
PROPOSED DOCK PLAN
SANA`� BEAc.�4
oRELUA5
1gg7 _ -7 SUPS
i1`1b _-7SL.IPS
1591 --7 s u'os
1992- --j SWPS
SCA. E' V = 2 0',