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Michael S. Wallace <br /> February 12, 2003 <br /> Page 3 <br /> The conditions that appear to apply here are those under either subsection b)or c). <br /> In reviewing the language of these two subsections it appears that subsection(b)may <br /> apply to your property, as you have a single common dock pursuant to an agreement <br /> between two adjoining site owners; but it is not completely clear as to which provision <br /> would apply given the unique circumstance that the dock is located on the property line, <br /> you each own the half of the dock that is locaied on your property, and you each store your <br /> watercraft in your respective dock use areas. Regardless of which subsection is applied,it <br /> is our opinion that you and your neighbor are in compliance with the conditions regarding <br /> the storage of watercraft. <br /> Subsection b)provides for the use of one or more sites for a single common dock <br /> or mooring area, and the provision that is pertinent to storage of watercraft is as follows: <br /> 3) no more restricted watercraft may be stored by any owner of a <br /> combined dock facility than would be permitted at that owner's site. <br /> In your case, since the shared dock is located on the property line, it is our interpretation of <br /> this provision that both you and your neighbor are an owner of a combined dock facility, <br /> and may store the number of watercraft that would be pernutted at your respective sites. � <br /> Under Section 2.02, Subd. 3) of the Code, it provides that the owner of a single-family <br /> residential structure may store up to four restricted watercraft at a dock or mooring azea. <br /> Neither you or your neight�or are storing more than four restricted watercraft at a dock or <br /> mooring area., therefore, it is our opinion you are in compliance. <br /> You have advised that to your knowledge the typical situation on Lake Minnetonka <br /> where p:operty owners share a single conunon dock or mooring azea involves a dock that <br /> is located on one general site, and is shared by two or more owners, some of which ma.y be <br /> adjoining sites. In this circumstance, subsection b)can be interpreted to permit each owner <br /> oi the dock,�if an owner of residential property, to store up to four restricted watercraft <br /> each at a single common dock. The Code would likely be interpreted in this circumstance <br /> to require a multiple use pernut since more than five restricted watercraft would be stored <br /> at the dock. It is our experience that dock owners in these circumstances have been <br /> required by the LMCD to apply for a multiple use permit. A multiple use pernut in such <br /> circumstances appears to be appropriate under the Code. <br /> However, it is our opinion that the Code is not clear that a multiple use permit is <br /> required if Section 2.01, Subd. 3b) is applied to your circumstance, where the dock is <br /> located on the property line, you and your neighbor each own the half of the dock that is <br /> located on your property, and you are storing the permissible number of watercraft on your <br /> own respective dock sites. <br /> _. .__ � <br /> i�=���� �;i.__,,i;ii"r n�� <br /> II;� ��; ��, i.. i_, "! i_'- iI � <br /> ' +� � il I� <br /> i'1 MAR 1 � 2003 i��Ji <br /> �.Il, E <br /> ��,,�- .----�-. ------_::-: <br />