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� <br /> � ., ' <br /> 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 /> 1n 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 located on your properiy, and you each store your <br /> watercraft in your respeciive dock use axea.s. 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 siilgle 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 interpreta.tion of <br /> this provision that both you and your neighbor aze an owner of a combined dock facility, <br /> and may store the number of watercraft that would be permitted at your respective sites. � <br /> Under Section 2.02, Subd. 3)of the Code, it provides that the owner of a single-faznily <br /> residential structure may store up to four restricted watercraft at a dock or mooring area. <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 property ovv�iers share a singie conunon ciock or mooring area uivolves a dock that <br /> is located on one general site, and is shared by two or more owners, some of which may be <br /> adjoining sites. In this circumstance, subsection b)can be interpreted to permit each owner <br /> oi the dock, if an owner of resid�ntial property, to store up to four restricted watercra.ft <br /> each at a single common dock. The Code would likely be interpreted in tlus circumstance <br /> to require a multiple use permit since more than five restricted watercra.ft 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 permit in such <br /> circumstances appeazs 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 circu.mstance, 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 /> ir������ ;::i __ .'�+��� n i� <br /> �� �`, ��.7 ii. _ "i L�: �I � <br /> - ��1; �;Ir <br /> . , <br /> ��ll MAR 1 3 2003 ��ii <br /> , �_�( <br /> { <br /> 4�,���.".:----- :.. ---..__-_ � <br />