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Home My WebLink AboutCode enforcement - LMCD � � I�Z� �h�u F�- I� v�� NIINN�-lo�� 9 ' M • �.AKE MINNETONKA CONSERVATION DISTRICT O --- — = V 18338 MINNETONKA BLVD. • DEEPHAVEN, MINNES07A 55391 •TELEPHONE 952/745-0789 • FAX 952/745-9085 y 'SAY[TN[LAIlC' � s �e Gregory S.Nybeck,EXECUTIVE DIRECTOR F�VATION �� BOARD MEMBERS Lisa Whalen,Chair Minnetrista August 18, 2��8 �ECE��ED Tom Tanner,Vice Chair Wayzata ��t� (l 2008 Andrew McDermott III,Secreiary v � �� Orono Tom Scanlon,Treasurer Spring Park (',TM�F QR�No Doug Babcock TO: LMCD Board Representative Tonka Bay LMCD Member City David Gross Deephaven Chris.iewett f=ROIVI: Emify Herman, Administrative Assistant .,- Minnetonka � j�' 5teve Johnson �-' Mound RE: 2008 Code Enforcement Dennis Klohs Minnetonka Beach Jeff Morris Please find enclosed a form letter and a list of recipients that were in � Excelsior B�i�o�So� receipt of the letter, mailed 8/18/08, within your municipality. That v'�t°�'a form letter is utilized as the LMCD's first step in communication to Kelsey Page Greenwood newly documented sites storing five or more restricted watercraft and Richard Siakel 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 from any of your constituents, I would encourage you to ask them to call me. If you have any questions, please dc� not hesitate to c�ll yoursPlf. Enclosure �y r��,� 50%Recycled Content Web Page Address: http://www.lmcd.org 20�PostConsumerWaste E-mail Address: imcd@Imcd.org v�� H11NNfT�� 'y ' M • LAKE MINNETONKA CONSERVATION DISTRICT 0 --- - - � 18338 MINNETONKA BLVD. • DEEPHAVEN, MINNESOTA 55391 •TELEPHONE 952/745-0789• FAX 952/745-9085 Z's, -SAYE TNE LAKE" ��` ��VqT�ON p�5� August 15, ZOOB Gregory S.Nybeck, EXECUTIVE DIRECTOR BOARD MEMBERS «MrMrs» «FirstName» «LastName» «Address» Lisa Whalen,Chair Minnetrista «City», MN «Zip» Tom Tanner,Vice Chair Wayzata 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 Gross conducted lake-wide ins ections of docks and watercraft stora e on Lake Deephaven P 9 Chris Jewett Minnetonka. Your residential site was identified as one that was potentially �inneionka not in full compliance with one or more LMCD Ordinances. The LMCD Steve Johnson Mound Board of Directors has opted to pursue a course of education and voluntary �e��s►aons compliance for all sites so identified. The intent of this letter is to provide Minnetonka Beach ou with relevant and current information to allow you to assess your dock Jeff Morris y Excelsior and watercraft storage configuration, and to take steps to bring them into � s�ii oiso� compliance, if necessary, during the 2009 boating season. Repeat victoria Kelsey Page inspections will be performed in 2009 to determine if this approach was Greenwood SUCCeSSfU�. Richard Siakel Shorewood Herb Suerth Your location was identified as one that had five or more restricted woodiand 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 comp�iance process. Chapter 2 of the LMCD Code, "Regulations of Structures within the Lake," is the relevant Chapter ir� answe�ing 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.org/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 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 iy human power. �� 50%RecycledContent Web Page Address: http://www.lmcd.org 20/Post Consumer Waste E-mail Address: Imcd @ Imcd.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 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 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. Should you wish to stop in, the LMCD office will be moving at the end of August. P.s of 9/2/08, you may find the LMCD office at 23505 Smithtown Road, Suite 120, 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-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 th` 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. 2008 New 5 Boat query 8/18/2008 Year Site# Bay : First Name Last Name Address ' City State I Zip '08 Violation `Date'O8 Ltr Mailed: 2008 543 East Crystaf Maurice Wagener 1420 Bohns Point Road Orono Mn 55391 PWC-5 Boats OS/18/08 Page 1