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HomeMy WebLinkAbout2009 - LMCD code enforcement effors > 2S3 W6-I A • ' (---;„NNti,u+ • iiy ok • LAKE MINNETONKA CONSERVATION DISTRICT O --;__-:----=_-___:-_-- - _ = e 23505 SMITHTOWN ROAD,SUITE 120•SHOREWOOD,MINNESOTA 55331 •TELEPHONE 952/745-0789•FAX 952/745-9085 11' 'SAYE THE LANE- s '�� Gregory S.Nybeck, EXECUTIVE DIRECTOR ��VgTION °N5 BOARD MEMBERS ReCE Lisa Whalen,Chair Minnetrista APR Tom Tanner,Vice Chair April 1, 2009 �ryry�j Wayzata G�l�� Andrew McDermott III,Secretary Ca), Orono �" °, ®A/C' Tom Scanlon,Treasurer TO: MCD Member Cities Spring Park Doug BabcockLMCD Board of Directors Tonka Bay Peter HartFROM: Emily Herman, Administrative Assistant ich Excelselsioror Chris Jewett Minnetonka Steve Johnson RE: LMCD Code Enforcement Efforts Mound Keith Kask Deephaven In follow-up to the 2008 LMCD Proactive Code Enforcement Program, Dennis Klohs please find enclosed a form letter, with attachment, that was sent out Minnetonka Beach Bill Olson to individuals within your municipality; along with a list of those VictoriacPage individuals in receipt of the letter. Kelsey Greenwood Herb odelnhd The letter is utilized as the LMCD's first step in communication to Dick Woodruff newly documented sites storing three or four restricted watercraft that Shorewood potentially do not have the shoreline to support such storage. Prior to mailing the letter, staff has confirmed the sites estimated shoreline and, if possible, the ownership of their watercraft. All sites will be re- inspected in the 2009 boating season. If you have any questions, please do not hesitate to call. Enclosure • Ars, 50%Recycled Content Web Page Address: http://www.lmcd.org 20%Post Consumer Waste E-mail Address: Imcd@lmcd.org r (-taiNtvo._ v+ • ©\ • LAKE MINNETONKA CONSERVATION DISTRICT n 23505 SMITHTOWN ROAD,SUITE 120••SHOREWOOD,MINNESOTA 55331 •TELEPHONE 952/745-0789•FAX 952/745-9085 oyS -SAYE THE LAME v Gregory S.Nybeck,EXECUTIVE DIRECTOR F4VATIOh� N V� BOARD MEMBERS March 31, 2009 Lisa Whalen,Chair Minnetrista Tom Tanner,Vice Chair Wayzata «MrMrs» «FirstName» «LastName» Andrew McDermott III,Secretary «Address» Orono Tom Scanlon,Treasurer «City», MN «Zip» Spring Park Doug Babcock Bay Bay RE: Site#«Site», «Bay» Bay Peter Hartwich Excelsior Dear «MrMrs» «LastName»: Chris Jewett Minnetonka Steve Johnson In the summer of 2008, the Lake Minnetonka Conservation District (LMCD) staff Mound Keith Kask conducted lake-wide inspections of docks and watercraft storage on Lake Deephaven Minnetonka. Your residential site was identified as one that was potentially not in Dennis Klohs full compliance with one or more LMCD Ordinances. The LMCD Board of Minnetonka Beach pursue Olson p Directors has opted to a course of education and voluntary compliance for Victoria all sites so identified. The intent of this letter is to provide you with relevant and Kelsey Page current information to allow you to assess your dock and watercraft storage Greenwood Herb Suerth configuration, and to take steps to bring them into compliance, if necessary, Woodland during the 2009 boating season. Repeat inspections will be performed in 2009 to Dick Woodruff Shorewood determine if this approach was successful. Your location was identified as one that may have had more restricted watercraft stored at your site than what was allowed within your dock use area (please refer to the first and third bullet points that are noted on the following page). The LMCD website and 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 within the Lake," 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://www.lmcd.orq/pages/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 (Sec. 1.02, Subd. 55c) 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 propelled solely by human power. 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. 50%Recycled Content Web Page Address: http://www.lmcd.org 20%Post Consumer Waste E-mail Address: Imcd@u,Imcd.org «MrMrs» «FirstName» «LastName» March 31,2009 Page 2 How many 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 August 30, 1978; without regard to the owners of the watercraft being residents of the site (Subd 2); or • If the 1:50' General Rule cannot be met, up to four restricted watercraft may be moored or docked at a site, provided a number of conditions are followed. One of these conditions includes all restricted watercraft must be owned and registered to the residents who live in the one, single-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 those 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, Emily Herman Administrative Assistant/Code Enforcement Enclosures: LMCD Code Excerpts Cc: City of «City» LMCD Board Representative City of«City» 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) All 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. City of Orono 3-4 Boat Initial Ltr Query 4/1200' Site# I Bay I First Name Last Name ( Address j City I Boat Total #of Empty Slips � Date'08 Ltr Mailed . I Orono 3 04/01/09 Orono 4 04/01/09 Orono 3 04/01/09 Orono 4 04/01/09 Orono 4 04/01/09 Orono 4 04/01/09 441 Lafayette Esther Martens 2655 West Lafayette Road Orono 3 04/01/09 Orono 3 04/01/09 Orono 4 04/01/09 Orono 4 04/01/09 I Orono 4 04/01/09 , Orono 4 04/01/09 I Orono 3 04/01/09 Page 1