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` _ � <br /> Michael S. Wallace <br /> February l2, 2003 <br /> Page 4 <br /> Subd. 3 c)provides for adjustment of side setback and dock use areas between two <br /> or more adjoining siies subject to the conditions listed, which include the following: <br /> (4) no more watercraft inay be stored at the adjacent sites affected by <br /> the adjustment and the sum of the number of watercraft,which <br /> would be allowed at each site if there were no such adjustrnents. <br /> Our interpretation of th.i.s provision is that the owner of each adjacent site cannot store <br /> more than four restricted watercraft on their site. In applying subsection c)�t)to your <br /> situa.tion, you and your neighbor are in compliance as neither of you are storing more than <br /> four restricted watercraft at your adjacent sites. It is our opinion that a multiple use permit <br /> is not applicable to circumstances where Section 2.01, Subd. 3c)is applied. It could be <br /> argued that c) applies to your circumstance rather than b), si.nce your dock is loca.ted on the <br /> property line and in essence you have waived the side setbacks to share a common dock <br /> and are storing your own watercraft on your respective sites. <br /> The issue then is whether a multiple use permit is required,or should be required, <br /> where both you and your neighbor are in compliance with Section 2.02, Subd. 3), simply <br /> , because of the fact you share a dock. The Code does not address your situation,where the <br /> shared dock is located on the property line and the restricted watercraft are stored on your <br /> respective sites in your respective dock use areas, which dock use azeas aze regulated <br /> separately regarding length and setba.cks. <br /> Section 2.03 of the Code sets out the requirements for application for a license for a <br /> multiple dock, mooring area, commercial dock, and launching ramps. In reviewing the <br /> requiremeuts for the license,particularly the review criteria in Subd. 3), it does not appear <br /> that the reasons for requ:ring a multiple use permit should be applied in your situation with <br /> a single shared dock located on the property line between two adjoining parcels of <br /> property. Since your shared dock 3•uns along the prop�rty line and branches out onto each <br /> property,you and your neighbor are in compliance with regard to the number of stored <br /> watercraft,and the only basis for considering whether a multiple use permit is required is <br /> the fact that it is a shared dock. Since you ea.ch store your watercraft on your own <br /> properry, concerns such as volume of traff'ic, safety in use in the dock use�areas or dock <br /> mooring areas, adverse effects on nearby properties,navigation, safety or the environment <br /> should not be of concern to the LMCD. This is in contrast to the situation where there is a <br /> single dock facility located on one site that is used by multiple owners. <br /> It is our opinion that the Code is unclear as to whether a multiple use permit is <br /> required for your dock, and further there is a good basis for the position that a multiple use <br /> permit is not required. The question is how to interpret the Code when the dock is located <br /> on the property line and branches out onto each dock use azea It is our red¢- ' ��ei��a��on�'��"�'._�'j <br /> that you request information from the LMCD regarding prior decisions in�i lrr�i�ig Y�iu`l�iple�=� L� � � <br /> ;(� MAR 1 3 2003 . �i�� <br /> ;__JE <br /> � <br /> ._ <br /> �--------� .-. .-- ---�--� <br />