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Home My WebLink AboutFrom LMCD re dock placement � v�� N1INNETo�'� 7 ' M • LAKE MINNETONKA CONSERVATION DISTRICT O�' 'SAYE TNE t�NE' �` 900 EAST WAYZATA BOULEVARD,SUITE 160•WAYZATA,MINNESOTA 55391 •TELEPHONE 612/473-7033 � G.Alan Willcutt,EXECUTIVE DIRECTOR ��VAtfOl1 �� July 2, 1996 80ARD MEMBERS Douglas E. Babcock Mr. Greg Emf ield Chair,Tonka Bay 1440 Baldur Park Road ��j Tom Reese � Vice Chair,Mound Wayzata, MN 55391 �U'j,,, Joseph Zwak Secretary,Greenwood Dear Mr. Emf ield' Robert Rascop • Treasurer,Shore�vood Kent Dahlen It recently came to our attention that the placement of Minne?onka Beach our dock ma not be contained within our authorized Bert Foster Y Y Y Deephaven dock use area. I recently inspected your residence to Gretchen Maalich vQrify this. Minnetonka Duane Markus Wayzata LMCD Code Section 2. 01, Subd. 2 (b) states "the Craig Mollet authorized dock use area, in the case of sites 50 feet victoria in width or less in existence on Februar 2 1970 ma Craig Neison Y i r Y SpringPark be expanded to a side setback limitation of five feet, Eugene Partyka provided that such setback in no way impairs access to Minnetrista nei hborin docks". Side setback lines are determined Paul Stark 9 9 Excelsior by your property lines on Zand projected into the lake. HerbJ.Suerth Additionally, LMCD Code Section 2. 12, Subd. 3 states "a Woodland canopy structure must be set back from the side site o�or,o lines of the site which it fronts by a minimum distance of 20 feet". Based on my recent inspection and the fact you have a canopy structure, you need to comply with the 20 foot side setback requirements as defined in LMCD Code Section 2 .12, Subd. 3. Please make the proper changes to your dock to comply with LMCD Code by July 19, 1996. Failure to bring your dock into compliance with LMCD Code will require me to turn this case over to our prosecuting attorney. Please call me if you have questions or comments concerning this matter. Your cooperation is greatly appreciated. Sincerely, LAKE INNETONKA CONSERVATION DISTRICT �� Gregor S. Nybec Administrative Technician encl: Code excerpts �a cc: Mike Gaffron- City of Orono 60°r,Recycled Content 30%Post Consumer Waste . t � CODE EXCERPT b} hlidth - The euthorized dock use area for aites borderinq •t �, on the Lake is limited in Width by the setback lis�itations j prescribed herein. The setback from side site lines as extended in ,` the Lake shall be as follows: For that portion of the length of the authorized dock use area which extends from the shore The setback shall be Zero to 50 'feet 10 feet 50 to 100 feet 15 feet 100 to 200 feet 20 feet 1) Where boat slips ogen tewar� � �f�e s3te ��z2, th� setback provided shall be at least equal to the slip depth, but shall not be less than 20 feet. 2 ) Setbacks shall be doubled fQr all multiple docks or mooring areas and commercial docks on each aide where such multiple docks are not located a�djacent to another multiple dock or moorinq area or commercial docks; provided, however, that multiple docks or moorinq areas and commercial docks in existence on May 3, 1976, shall be non-conforminq structures and shall not be subject to this subparagraph 2. ) as long as such structures are not � expanded. � , -17- � _ . . c � \�>. , (Rev. 7-92) 3) The suthorized dock use area, in the case of sites 50 feet in width or less in existence on February 2, 1970, may be expanded to a side setback limitation of five feet, provided that euch setback in no way impairs access to neighboring docks. �) Measurement - Authorized dock use areas shall be measured from the point which forms the shoreline when the Lake is at elevation 929 .4, National Geodetic Vertical Datum, 1929 . d) Temporary low water. dock extensions for docks not requiring e license under Section 2.03. (For multiple docks or � mooring areas, refer to Section 1.07, Subd. 9. ) Durinq periods . when the Lake level falls belaw 928.0 fe�r +�nd when eo t3eclared by r�solu�tion of the Board, the Executive Director may issue permits for temporary dock extensions beyond the authorized dock use area subject to the f ollowing limitations: 1) Need for the temporary dock extension must be demonstrated by the applicant. 2) The extension ehall be a temporary, seasonal type dock. No extensions may be on pile driven or permanent year round docks. .' � 3) The extension shall meet all requirements of this Code other than the length limitation described in this Section. 4) The extension shall only be permitted during the time the water level is below elevation 928.0 feet and, at any given time, shall be permitted only to the extent of the equivalent dockage and comparable depth existing at a Lake elevation of 929 .4 feet. 5) The extension, together with the original dock, shall not be used to provide storage space for a great2r nu��er �f water�raf� �.han are authorized under this Code. 6) Temporary extensions must be removed for the winter season, n.o later than Nov�mber 15 . Subd. 3. Common Use of Adjacent Dock Use Areas . Two or more adjoininq site owners may by mutual agr�ement adjust these side setback requirements or �nay use their combined authorized dock use areas for a single common dock or mooring area for their respective non-commercial private uses, but in any event, must observe these side setback requirements at the outer site lines of the combined sites involved in such a joint use. A dock or mooring area ; � - located, constructed, installed or maintained under this provision ti shall not be considered a "multiple dock or mooring area" unless -16- , CODE EXCERPT . • , • , . LAKE MINNETONKA CONSERVATION DISTRICT STATE OF MINNESOTA ORDINANCE NO. 140 AN ORDINANCE RELATING TO SETBACK REQUIREMENTS FOR CANOPY STRUCTURES; AMENDING SECTION 2.12, SUBD. 3 OF THE LMCD CODE OF ORDINANCES THE BOARD OF DIRECTORS OF.THE LAKE MINNETONKA CONSERVATION DISTRICT ORDAINS that the Lake Minnetonka Conservation District Code of Ordinances, section 2.12, subd. 3 is amended as follows: Subd. 3. Boat Slips and Slip Structures. Boat slips or slip structwes may be erected in the Lake. Such structures may be of no greater height, area, volume or mass than is necessary to secure and protect the number of watercraft which it is designed to shelter. The structure shall be so constructed to pernut the use of a fabric canopy in conjunction with necessary poles, rigging and appurtenances necessary to support the canopy. A�canony structure must be set back from the side site lines of the site which it fronts by a minimum distance of 20 fee� This enactment is in effect from and after its passage and publication in accordance with the enabling act of the District. It is enacted by a majority vote of all the members of the Board and has the effect of an ordinance. Adopted by the LMCD Board this 13th day of September, 1995. � oug as a oc , ice au ATTEST: i C� ep �ov , cretary CLL99519 LK110-13 1 Published September 28, 1995