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Home My WebLink AboutRe: docks/watercraft storage _ ` p�� N11NNErO�� v y • M • LAKE MINNETONKA CONSERVATION DISTRICT �'y 'S�YF TNE L11IE' �` 23505 SMITHTOWN ROAD,SUITE 120•SHOREWOOD,MINNESOTA 55331 •TELEPHONE 952/745-0789•FAX 952/745-9085 s q� Gregory S.Nybeck,EXECUTIVE DIRECTOR ��ATION �� April 2, 2009 BOARD MEMBERS Mr. Steven Dore 2172 Shadywood1Road ��C'�.0� Lisa Whalen,Chair OI"OIlO, MN 5539 � Mmnetrista ,��;;�,ry � Tom Tanner,Vice Chair � � wayZata RE: Site #547, Crystal Bay � �'Q� Andrew McDermott III,Secretary /TY 9 Orono �Fo Tom Scanlon,Treasurer Dear Mr. Dore: �'OJ�O Spring Park Doug Babcock Tonka Bay In the summer of 2008, the Lake Minnetonka Conservation District(LMCD) Peter Hartwich conducted lake-wide inspections of docks and watercraft storage on Lake Excelsior cn��s�E��r, Minnet�nka. Your r�sidential site was identified as one that was potentially Minnetonka not in full compliance with one or more LMCD Ordinances. The LMCD Steve Johnson Board of Directors has o ted to ursue a course of education and voluntary Mound p p Ke�m Kask comptiance for all sites so identified. The intent of this letter is to provide Deephaven you with relevant and current information to allow you to assess your dock Dennis Klohs Minnetonka Beach and watercraft storage configuration, and to take steps to bring them into e�n oiso� compliance, if necessary, during the 2009 boating season. Repeat Victoria ins ections will be erformed in 2009 to determine if this approach was Kelsey Page P P Greenwood SUCC2SSfU�. Herb Suerth Woodland Dick Woodruff Your location was identified as one that had five or more restricted Shorewood 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 will be told the 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 have about the Ordinance details or the voluntary compliance process. Chapter 2 of the LMCD Code, "Regulations of Structures wit�in the Lake," is the relevan; Chapter in ar.s�vering #hose 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://www.lmcd.orq/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 vessel 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 �� human power. . 50%Recycled Content Web Page Address: http://www.lmcd.org 20/PostConsumerwaste E-mail Address: Imcd@Imcd.org . � Mr. Steven Dore April 2, 2009 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 two 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 four 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-family 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 time 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 you may have. Sincerely, LAKE MINNETONKA CONSERVATION DISTRICT � , � �c --_ Emily Herm n Administrative AssistanUCode Enforcement Enclosures: LMCD Code Excerpts Cc: City of Orono Orono 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-half (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.