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Home My WebLink AboutRe: watercraft storage/docks v�� N►INNETO��9 • M • LAKE MINNETONKA CONSERVATION DISTRICT 18338 MINNETONKA BLVD. • DEEPHAVEN, MINNESOTA 55391 • TELEPHONE 612/745-0789 • FAX 612/745-9085 �I� -S�YE TNE L�IiE� ` s �� Gregory S.Nybeck,EXECUTIVE DIRECTOR t�' —-- 4 qVAt10N �� ~ BOARD MEMBERS � �;,. - June 14,2000 � -'� `` `' ''�`��` Douglas E.Babcock Chair,Tonka Bay `�� ' �� =�.-�� Bert Foster Mr.Jay Nygard ��'=`-�� Vice Chair,Deephaven 1386 Rest Point Road Eugene Partyka Orono,MN 55361 Secretary,Minnetrista Craig Nelson Treasurer,Spring Park Dear Mr.Nygard: Andrea Ahrens Mound Bob Ambrose it recently came to our attention that the placement of your dock and storage of watercraft at your wayZata residence may not be in compliance with LMCD Code. Staff recently inspected your dock at your Kent Dahlen Minnetonka Beach resi�ience and believes they are not contained within your authorized dock use area.Specifically,it Craig Eggers appears that the dock dces not comply with LMCD side setback requirements, Victoria Tom Gilman Excelsior The authorized dock use area is defined as"that area in the Lake which may be used for docks, Greg Kitchak moorings, boat storage,swimming floats,ski jump storage,or diving towers,or which may be Minnetonka n Lili McMillan enclosed on three sides for any of these purposes. The authorized dock use area is further de me o�o�o by extending the side site lines into the lake in the same direction that they are platted on land. The Tom Skramstad �ree sides of the authorized dock use area are further defined by dock length and side setback Shorewood Herb J.Suerth restrictions. Woodland Sheldon Wert Greenwood LMCD Code Section 2.01 allows for the location of your dock and boat storage as follows: • The authorized dock use a�ea between 0 and 50 feet requires a 10 foot minimum side setback. • The authorized dock use area between 50 and 100 feet requires a 15 foot minimum . side setback. • Canopies require a minimum 20 foot side setback within its authorized dock use area. • Your dock and boat storage should not extend beyond 100 feet from the 929.4 NGVD shoreline,provided you have 100 feet of shoreline. Please make the proper adjustments to your dock and boat storage to comply with LMCD Code by Thursday,6/2912000. Failure to comply with LMCD Code may be subject to prosecution. Please feel free to call the LMCD office at(952)745-0789 if you have any ques�ons or comments regarding this issue. Your cooperation in complying with LMCD Code is greatly appreciated. Si ly, K I N TO KA CONSERVATION DISTRICT udd J. Ha r Administrative Technician Cc: Lili McMillan,LMCD Board-Orono Ron Moorse,City of Orono � 50%RecycledContent Web Page Address:http://www.winternet.com/—Imcd/ 20%Post Consumer Waste E-mail Address:Imcd@winternet.com • -. � v�� N11NlyET�� 9 ' M • LAKE MINNETOI�KA CONSERVATION DISTRICT Oy 'SAVETNELANE' �V 18338 MINNETONKA BLVD. • DEEPHAVEN, MINNESOTA 55391 • TELEPHONE 612/745-0789 • FAX 612/745-9085 sF'�VqT�oN p�`�� August 31, 2000 __��- Gregory S NybeckkEX}CUTIVE DIRECTOR �,_..r� BOARD MEMBERS Mr. Jay Nygard "�� 1 �Qo�l °1..e Douglas E. Babcock 1386 Rest Point Road �� ha�r,Tonka Bay Orono, MN 55361 �_ Bert Foster "�� , � } l� .� Vice Chair, Deephaven Eugene Partyka Dear Mr. Nygard: Secretary, Minnetrista Craig Nelson Treasurer,Spring Park Previously, we have expressed concern with the placement of your dock and boat storage at your Andrea Ahrens Mound resitlence, and whether it complies with LMCD Code. Specifically, we have questioned whether it Bob Ambrose is coniained within your authorized dock use area. Furtner detaiis of our previous communicaiions Wayzata Kent Dahlen are detailed in the attached letters, 6/14/00 and 7/18/00. Minnetonka Beach Craig Eggers Victoria As you are aware, LMCD Code Section 2.12, subd. 3 requires a minimum of a 20' distance for a Tom Gilman tlock, with canopy, from both extended side site lines, unless the abutting property owners mutually Excelsior Greg Kitchak consents to the dock installation. Our records indicate that you have mutual consent from your Minnetonka abutting neighbor to the west, Mr. Pat Walsh, but that you do not have mutual consent from your Lili McMillan Orono abutting neighbor to the east, Mr. David Blodgett. We met at your residence eariier this summer ToShokewood d antl tletermined that you were maintaining approximately a 15' side setback from the western side Herb J.Suerth site line and an 18' side setback from the eastern side site line. Woodland Sheldon Wert Greenwood The LMCD is interested voluntary compliance rather than prosecution. At our meeting this summer, you indicated that you wouid make the proper adjustments to dock installation antl boat storage at your residence, for the 2001 boating season and thereafter, by adjusting it towards the western side site line so that the 20' side setback can be maintained from the eastern side site line. This will comply with LMCD Code, provided you have on-going mutual consent from your abutting property owner to the west. We believe this is more than a reasonable period of time to bring the dock and boat storage at 1386 Rest Point Road in compliance with LMCD Code. Please be advised that if inspection in the year 2001 or thereafter reveals that the dock and boat storage at this location is not in compliance with LMCD Code, the matter will be immediately referred to the LMCD prosecuting attorney. Please feel free to call me if you have any questions or concerns. Your cooperation in this mater is appreciated! Sincerely, � LA� MINNETONKA�CONSERVATION DISTRICT Cl �,�'"°"�``' / Gre��o��'' N beck� 9 ry � Y Executive Director CC; Lili McMillan, LMCD Board- Orono �y Mike Gaffron, City of Orono t�� 50%Recycied Content Web Page Address: http://www.winternet.com/-Imcd/ zo�PostConsumerwaste E-mail Address: Imcd@winternet.com < ' P�� M11 N/V,�T�� v y • M • LAKE MINNETONKA CONSERVATION DISTRICT p '--- - - V 78338 MINNETONKA DLVD. • DEEPHAVEN, MINNES07A 55391 • TELEPHONE 612/745-0789 - FAX 612/745-9085 Z' 'SAYE TNE LAKC" � S' .�� Gregory S.Nybeck,EXECUTIVE DIRECTOR ��VAtION �� SOARD MEMBERS June 14, 2000 Douglas E.Babcock Chair,Tonka Bay eert Foster Mt-.Jay Nygard Vice Chair,Deephaven 1386 Rest Point Road Eugene Partyka Orono, MN 55361 Secretary,Minnetrista Craig Nelson Treasurer,Spring Park Dear Mr. Nygard: Andrea Ahrens Mound Bob Ambrose !t recently came to our attention that the piacement of your dock and storage of watercraft at your Wayzata residence ma not be in com liance with LMCD Code. Staff recentl �ns ec#ed our dock at our Kem�an�en Y P y P y y Minnetonka Beach residence and believes they are not contained within your authorized dock use area.Specifically,it Craig Eggers appears that the dock does not comply with LMCD side setback requirements. Victoria Zom Gilman Excelsior The authorized dock use area is defined as"that area in the Lake which may be used fior docks, Greg Kitchak moorin s boat stora e,swimmin floats,ski um stora e,or divin towers,or which may be �/►innetonka 9 � g g � p 9 g Lili McMillan enclosed on three sides for any of these pu�poses." The authorized dock use area is#urther defined oro�o by extending the side site lines into the lake in the same direction that they are piatted on land. The Tom Skramstad Sfiorewood three sides of the autMorized dock use area are�urther defined by dock length and side setback Herb J.Suerth restrictions. Woodland • Sheldon Wert Greenwood LMCD Code Section 2.01 allows fior the iocation of your dock and boat storage as#ollows: • The authorized dock use area be#ween 0 and 50 feet requires a 10 foot minimum side setback. • The authorized dock use area between 50 and 100 feet requires a 15 foot minimum , side setback. • Canopies require a minimUm 20 foot side setback within its authorized dock use area. • Your dock and boat storage should not extend beyond 100 feet from the 929.4 NGVD shoreline,provided you have 100 feet of shoreline. Please make the proper adjustments to your dock and boat storage to comply with LMCD Code by • Thursday,6/29/2000. Failure to comply with LMCD Code may be subject to prosecution. � Please feel free to call the LMCD office at(952)745-0789 if you have any questions or comments regarding this issue. Your cooperation in complying with LMCD Code is greatly appreciated. Si ely, K INN TO KA CONSERVATION DISTRICT � udd J.Ha r Administrative Technician Cc: Lili McMillan, LMCD Soard-Orono Ron Moorse,City ofi Orono is �F� 50%RecycledContent Web Page Address:http://www.winternet.com/—Imcd/ 2os6 Past Consumer Waste E-mail Address:Imcd@winternet.com . ' . �� 1�111NIyfr�� ' M • LAKE MINNETONKA CONSERVATION DISTRICT O "--- ---- ~ 18338 MINNETONKA BLVD. • DEEPHAVEN, MINNESOTA 55391 • TELEPHONE 612/745-0789 • FAX 612/745-9085 '!' 'SIYE iNE L1ME �V � s '�� Gregory S.Nybeck,EXECUTIVE DIRECTOR ��VqT10N �� BOARD MEMBERS July 18, ZOOO Douglas E.Babcock Chair,Tonka Bay Mr.Ja N ard Bert Foster Y Y9 Vice Chair,Deephaven 1386 Rest Point Road �ugene Partyka Orono,MN 55361 Secretary,Minnetrista Craig Nelson Treasurer,Spring Park Dear Mr. Nygard: Andrea Ahrens In the attached letter,dated 6/14/2000,we ex ressed concem that the lacement of our dock and Mound P P Y Bob Ambrose storage of watercraft at your residence may not be in compliance with LMCD Code. Specifically,we Wayzata questio�ed whether it is contained in your authorized dock use area.You we�e instructed to make the � Kent Dahlen ro r ad'ustments to our dock and boat stora e at our residence b 6/29/00. Minnetonka Beach P Pe 1 Y 9 Y Y Craig Eggers Victoria On 6129/2000,staff met with ou on our ro e to further address these concems. Detailed below is a Tom Gilman y Y p p � ��eis�o� summary of this meeting: Greg Kitchak Staff con6nued to believe that the dock and boat stora e is not contained within our Minnetonka • 9 Y Lili McMillan authorized dock use area. I#urther explained how the authorized dock use area is o�o�o determined;noting it is defined by extending the side site iines into the Lake in the Tom Skramstad same direction that the are latted on land. Shorewood Y P Herb J.Suerth • Staff re-explained that the minimum side setback requirements for the authorized dock SheldonlWert use area between zero and 50'is 10'. I further explained that it increased to 15'for the Greenwood authorized dock use area between 59'and 100',provided you have 100'of continuous lakeshore frontage.For docks with canopies, I explained that the minimum side setback requirement is 20'.Because you have a canopy,you need to maintain a 20'side setback from the extended side site lines. • Staff estimated how far the dock and boat storage were setback from the eastem extended side site line. I es�mated that the dock was approximately 10'and the canopy was 13'. You agreed to these estimates. • Staff explained the dock and boat storage at your residence needs to be brought in compliance with Code in the very near#uture.To date,this has not been accomplished and is not acceptable for the 2000 boating season. • You requested an application for variance from Code to maintain#he existing arrangement.Staff expressed concem that there a�e no physical hardships or practical difficulties associated with it. Enclosed is an application for variance from LMCD Code. You need to resolve this matter as soon as possible. Please make the proper adjustments to the dock and boat s#orage from the eastem extended side site line by Friday,7/28100. Failure to do so wilt require me to tum this matter over to our prosecuting attomey.Your prompt attention in resolving this matter is appreciated. Sincerely, E MIN TONKA CONSERVATION DISTRICT �Ju d J. Harp r ��/�� Ad inistrative Technician n �� 50%Recycled Content Web Page Address:http://www.winternet.com/-Imcd/ 2096 Post Consumer Waste E-mail Address: Imcd@winternet.com ��1NNFT0�� v • ` • LAKE MINNETONKA CONSERVATION DISTRICT � 1 � 23505 SMITHTOSNN ROAD,SUITE 120•SNOREWOOD, MINNESOTA 55331 •TELEPHONE 95`' 7-15-0 39• FAX )�'/7=1`� 90R5 ��R�ar�oN�� Gr:�gory S. Nybt ck, F V-C;1J!I' � J;EC��C11�i �uiy 1, 2oi� RECEIVED JUl —5 201�l Jay and Kendall Nygard CITY OF ORONO 1386 Rest Point Road Orono, MN 55364 Dear Mr. & Mrs. Nygard: It has come to our attention that your dock and boat storage may not be in compliance with Lake Minnetonka Conservation District(LMCD) Code. Based off of a recent inspection, your dock and boat storage do not appear to meet side setback or length requirements. All docking and boat storage on Lake Minnetonka must be contained within the authorized dock use area for that site. LMCD Code Section 1.02, subd. 3 defines an authorized dock use areas as "that area in the Lake which may be used for docks, moorings, boat storage, swimming floats, ski jump storage, or diving towers, or which may be enclosed on three sides for any of these purposes". The three side of the authorized dock use area are defined by dock length and side setback limitations. LMCD Code Section 2.01, subd. 2a)states that the authorized dock use area extends into the Lake a distance equal to the 929.4' lakeshore frontage at the site, with a maximum distance of 100'. LMCD Code Section 2.01, subd. 2b) states that the authorized dock use area is limited in width by setback limitations from the side site line extensions as follows: For that portion of the lenqth of the authorized The setback dock use area which extends from the shore shail be Zero to 50 feet 10 feet Over 50 feet to 100 feet 15 feet Ganopies 2Q feet This code section aliows abutting property owners to mutually consent to adjustment of these side setback requirements on a case by case basis, which may be revoked at any time. Please call me upon receipt of this letter so that we can schedule a meeting on site to discuss your options. Sincerely, LAKE MINNETONKA CONSERVATION DISTRICT Judd J. Harper Administrative Technician CC: Drew McDermott, LMCD Board-Orono Jessica Loftus, City of Orono �� rp�� :�� ( .��e.Ac1c�r��;: http�i,��,,w.irnc��.org + �-rn�til f��d+�ss_ 1�7u� �-hncd.cry To protect and preserve Lake Minnetonka. ' ! ' INN I..Nw �� M f T�~� 9 • M • LAKE MINNETONKA CONSERVATION DISTRICT O "--- - - V 18338 MiNNETONKA BLVD. • DEEPHAVEN, MINNESOTA 55391 •TELEPHONE 952/745-0789• FAX 952l745-9085 �' 'SAY[TNE LA8[" � ��'Ar10N �� Gregory S.Nybeck,EXECUTIVE DIRECTOR BOARD MEMBERS Lisa Whalen,Chair Minnetrista AU USt �$ 2��8 RECE►�ED Tom Tanner,Vice Chair g + Wayzata �u� O �oOQ Andrew McDermott IIi,Secretary Z U Orono Tom Scanlon,Treasurer C� Spring Park QF�RONO Doug Babcock TO: LMCD Board Representative Tonka Bay LMCD Member City David Gross Deephaven ChrisJewett FROM: Emify Herman, Administrative Assistant _ i�.;tiJ Minnetonka Steve Johnson G� ' Mound RE: 2008 Code Enforcement Dennis Klohs • Minnetonka Beach Jefi Morris Please find enclosed a form letter and a list of reci ients that were in • Excelsior p ' B�i�oiso� receipt of the letter, mailed 8/18/08, within your municipality. That Kei y°Pa9e form letter is utilized as the LMCD's first step in communication to Greenwood newly documented sites storing five or more restricted watercraft and ��n��a s�akei is intended to be educational in nature with a ho e of volunta shorewood p ry Herb Suerth compliance for the 2009 season and beyond. Woodland I am currently working on documented sites storing five or more restricted watercraft that have already received prior communication; along with sites storing three or four restricted watercraft that may not have enough shoreline to support the storage. Please know you will be notified of the correspondence as each stage is completed. Should you receive a call frorn any of your constituents, I would encourage you to ask them to call me. tf you have any questions, please do not hesitate to call yourself. Enclosure �s �� sa.c a�ea co�tern • Web Page Address: http://www.lmcd.org 20%PoslConsumerWazte E-mail Address:Imcd�lmcd.org Ar ` t ' :v�� MiNNEro�� . 9 • LAKE MINNEi�ONKA CONSERVATION DISTRICT M � O "--- ---- �` 18338 MINNETONKA BLVD. • DEEPHAVEN, MINNESOTA 55391 •TELEPHONE 952/745-0789• FAX 952/745-9085 �' =SIIYE TNE LAIIE �` S��qTioN o`�� August 15, ZOOH Gregory S.Nybeck,EXECUTIVE DIRECTOR • soaRn+uE�rsERs «MrMrs» «FirstName» «LastName» «Address» Lisa Whalen,Chair ��Clt » MN «ZI » ' Minnetrista Y � P Tom Tanner,Vice Chair Wa�� RE: Site#«Site», «Bay» Bay Andrew McDermori III,:Secretary Orono Tom Scanlon,Treasurer Dear «MrMrs» «LastName»: Spring Park Doug Babcock Tonka Bay In the summer of 2008, the Lake Minnetonka Conservation District (LMCD) David Grass conducted lake-wide inspections of docks and watercraft storage on Lake Deephaven Chris Jewett Minnetonka. Your residential site was ident�ed as one that was potentially ��eto►,� not in fiull compliance with one or more LMCD Ordinances. The CMCD scMo^o�hnson Baard of Directors has opted to pursue a course of education and voluntary �e��is Kions � compliance for all sites so identified. The intent of this letter is to provide Minnetonka Beach ou with relevant and current information to allow ou to assess our dock Jeff Morris y y y Exoeisio� and watercraft storage configwration, and to take steps #o bring them into � e�u oiso� compliance, if necessary, during the 2009 boating season. Repeat victoria Keisey Pa9e inspections will be perFormed in 2009 to determine if this approach was Greenwood SUCC2SSfUl. Richard Siakel Shorewood Her�suertn Your location was ident�ed as one that had five or more restricted woodiar,d watercraft stored at vour site at the time it was inspected. In order to legally store the same number of restricted watercraft that you had in 2008, a multiple dock license would be required. LMCD staff would be happy.to discuss the possibility of obtaining a multiple dock license for your site. If it is determined that you do not qualify for a multiple dock license, you witl be told #he reasons why and will be asked to reduce the number of watercraft � being stored at your site in 2009 and beyond. The LMCD website and the LMCD staff are resources you can use to help answer any questions you 1�ave about the Ordinance details or the voluntary compliance process. Chapter 2 of the LMCD Code, "Regulations of Structures within the Laice," is the relevant Chapter in answering those questions. To assist you, copies of various sections of this Chapter are enclosed for your review, which can also be found on the LMCD web site at http:l/www.lmcd.org/paqes/Chapter2.htm. The following is offered to help , � summarize the general rules and regulations: What is a restricted watercraft? A restricted watercraft is defined as any boat or vessel for use on or stored on the public waters on the lake except for unrestricted watercraft. An unrestricted watercraft is defined as a boat or vessef that is: 1) 16' or less in length and unmotorized; or 2) 16' or less in length and which uses a motor of 10 horsepower or less; or 3) 20' or less in length and unmotorized, and which is propelled solely by is human power. �� so�a�,�a co,,,e�t Web Page Address: httpJ/www.lmcd.org zo��Po�c,��me�w�e E-mail Address:Imcd�lmcd.org _ , . � , «MrMrs» «FirstName» «LastName» August 15, 2008 Page 2 Most personal watercraft (Jet Ski, Wave Runner, or similar)would qualify as a restricted watercraft (due to horsepower). A sailboat longer than 16' (motorized or un-motorized)would also qualify as a restricted watercraft. How manv boats can I store? � LMCD ordinances regulate the number of restricted watercraft that may be moored or docked within a Dock Use Area (Section 2.01) at a residential site. In summary, Section 2.02 provides for: • The General Rule is one restricted watercraft for each 50' (1:50') of continuous shoreline; without reference to the owners of the watercraft being residents of the site (Subd.1); or • Unless a greater number is allowed by the 1:50'General Rule, up to #wo restricted watercraft may be moored or docked at a dock or mooring facility on a residential site in existence on Auqust 30, 1978; without regard to the owners of the watercraft being residents of the site (Subd 2); or • A site that cannot provide for the 1:50' General Rule has the ability to moor or dock up to#our restricted watercraft, provided a number of conditions are met. One of these conditions includes all restricted watercraft must be owned and reQistered to the residents who live in the one sinQle-familv residential structure on the site (Subd 3; a-c). Residents should check with their city for any additional storage restrictions. The LMCD is requesting your cooperation in taking the#ime to understand the rules and regulations and maintain your site within the regulations. As staff will be reviewing their findings during the 2009 boating season, your prompt attention and cooperation in addressing this matter is appreciated. Please feel free to call.the LMCD office at 952-745-0789 with any questions. Should you wish to stop in, the LMCD office will be moving at the end of August. As of 9/2/08, vou mav find #he LMCD office at 23505 Smithtown Road. Suite 1�0. Shorewood, MN 55331. Sincerely, Emily Herman Administrative Assistant Enclosures: LMCD Code Excerpts Cc: City of«City» «City» LMCD Board Representative . . � � Section 2 . 02 . Shoreline Requirements. Subd. 1 . General Rule. No docks or mooring areas shall be constructed, established or maintained that provide space for or are used for mooring or docking a greater number of restricted watercraft than one for each 50 feet of continuous shoreline in existence on May 3, 1978, unless authorized to do so by special density license pursuant to Section 2 . 05. For sites with continuous shoreline greater than 100 feet, when measurements determining the number of restricted watercraft allowed result in the provision of a fractional restricted watercraft, any fraction up to and including one-half (1/2) shall be disregarded, and fractions over one-ha�f (1/2) shall be counted as one additional restricted watercraft. Subd. 2 . Special Rule for Sites in Existence on August 30, 1978. Unless a greater number is authorized by the provisions of Subd. 1 above, up to two restricted watercraft may be moored or docked at any dock or mooring facility that is located on a site (as defined in Section 1. 02) that was in existence on August 30, 1978. Subd. 3 . Additional Watercraft Allowance in Certain Cases. Unless a greater number is authorized by the provisions of Subd. 1 above, up to four restricted watercraft may be moored or docked at a dock or mooring area located on any site (as defined in Section 1 . 02) provided that all of the following conditions are met: a) There must be one, and no more than one, single family residential structure on the site. If there is no residential structure on a site, any one off-lake lot, parcel or other piece of property that 1) is legally subdivided and recorded in the office of the County Recorder; 2) adjoins the site or is separated from the site only by a public right-of-way; 3) is under common ownership and unified use with the site; and 4) is occupied by one single family residential structure, may be designated to be a part of one site by the owner, for purposes of this paragraph. b) The dockage rights at the site are owned exclusively by the owners of the lot parcel or other piece of property on which the residential structure referred to in paragraph a) is located. c) Al1 of the restricted watercraft moored or docked at a dock or mooring at the site must be owned by and registered to persons who live in the one residential structure referred to in paragraph a) . The homestead or non-homestead status of property for ad valorem real estate tax purposes has no bearing on or application to this subdivision. 2008 New 5 Boat query 8/18/2008 Year ; Stte# ! Bay '. First Name 1 Last Name i Address ; City ' State � Zip _; '08 Vlolation �Date'08 Ltr Mailed; 2008 520 West Arm J.T.and K.M. Nygard 1386 Rest Point Road Orono MN 55391 PWC-5 Boats 08/18/08 Page 1