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Home My WebLink AboutCorrespondence from MCWD , � v�� !lIINNftO�'� 9 ' M • LAKE MINNETONKA CONSERVATION DISTRICT O "--- - ---- V 23505 SMITHTOWN ROAD,SUITE 120•SHOREWOOD,MINNESOTA 55331•TELEPHONE 952/745-0789•FAX 952/745-9085 Z 'SAVE TNE IANE" � s��qT10N �� September 15, 200$ Gregory S.Nybeck,EXECUTIVE DIRECTOR BOARD MEMBERS Lisa Whalen,Chair Graydon and Michelle Newman nn�r,r,etr�sta 1655 Bohns Point Road Tom Tanner,Vice Chair Ot'Ot10, MN 55391 Wayzata Andrew McDermott III,Secretary oror,o RE: Site#391, Crystal Bay Tom Scanion,Treasurer Spring Park Dear Mr. and Mrs. Newman: Doug Babcock Tonka Bay David Gross In the summer of 2007, the Lake Minnetonka Conservation District(LMCD) staff Deephaven conducted lake-wide ins ections of watercraft stora e on Lake Minnetonka. At that Chris Jewett P 9 Minnetonka time, five or more restricted watercraft were stored at your residential site. In follow-up Steve Johnson to that inspection, a letter was submitted to you with the intent to provide relevant and Mound current educational information to allow ou to assess whether our dock and Dennis Klohs Y Y Minnetonka Beach watercraft storage configura#ion was out of compliance, and, i#so, to take the steps Jeff Morris necessary to voluntarily bring the storage of watercraft into compliance with the LMCD Excelsior Ordinances; with re-ins ections lanned for the 2008 boatin season. Althouqh I have Bil101son P P 9 Victoria documented that vou have communicated with the LMCD and that staff submitted a Kelsey Page New Multiple Dock Launchinq Ramp and/or Mooring License Application packet on Greenwood Januarv 22, 2008, boat storaqe at the subiect site continued to be out of compliance Richard Siakei snorewood with LMCD Code durinq the 2008 re-inspections Herb Suerth Woodland In order to legally store the same number of restricted watercraft that you had in 2007, a multiple dock license would be required. To assess how many restricted watercraft your site can store, the following information is enclosed: • A copy outlining frequently asked questions relating to boat storage. • An excerpt from LMCD Code Section 2.02, which is also found in its entirety on the LMCD web site at http://www.lmcd.orq/paqes/Chapter2.htm. • An educational flyer to help you assess your dock use area. It is recommended that any prior communication pending with LMCD staff be resolved as re-inspection of your site is planned in 2009 and beyond; starting in June. Any further violations will require me to turn this matter over to the LMC� prosecuting attorney. Please give me a call at 952-745-0789, so that we may review our prior discussion as it relates specifically to your property. Sincerely, �� mily Her an Administrati e Assistant/Code Enforcement Enclosures Cc: City of Orono �� City of Orono LMCD Representative •1• 50%Recycled Content Web Page Address: http://www.lmcd.org 20�PostConsumerWaste E-mail Address: Imcd@Imcd.org II _ I Orono-5 Boat Query 9/14/20C Site# ' Bay ; First Name ; Last Name � Address � City ; Boat Total �#of Empty SIiK; Date'08 Ltr Mailed � h _ -- _- -- — � - � � _ _ � __ --- - � �� _ � ; 391 Crystal Graydon and Michelle Newman 1655 Bohns Point Road Orono 5 9/15/08 w-Comm. � � � �t t i� � ' �—, ; Page 1 FREQUENTLY ASKED QUESTIONS 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 urrrestricted 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. 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 stored within a Dock Use Area at a residential site. In summary, Section 2.02 provides for: • Subd. 1: The General Rule is one restricted watercraft for each 50' (1:50') of continuous shoreline; without reference to the owners being residents of the site; or • Subd. 2: Unless a greater number is allowed by the 1:50' General Rule, up to two restricted watercraft may be moored or docked at any dock or mooring facility on a residential site in existence on AuQust 30, 1978; without regard to the owners being residents of the site; or • Subd. 3 (a-c): Unless a greater number is allowed by the 1:50' General Rule, up to four restricted watercraft may be moored or docked at a dock or mooring area at a site, provided a number of conditions are met. One of these conditions includes all restricted watercraft must be owned ar�d registered to the residents who live in the one sinqle-familv residential structure on the site. Communication to your local municipality on your boat storage needs is highly recommended as the most restrictive Ordinance applies. I , - - , ' '1 Section 2 . 02 . Shoreline Requirernents . 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 b� 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. The following is a Synopsis of the LMCD dock use area rufes for residential properties (Section 2.01). For a full copy of the rules p/ease see Chapter 2 of the LMCD Code or call the LMCD otfice. � Dock Use Area (Section 2.01 ) No person shall use any area of the lake outside an authorized "dock use area (DUA)", for docks, moorings, watercraft, storage, swimming floats, ski jump storage, or diving towers unless specifically permitted. DUA Lenath (measured from the 929.4 NGVD) The length of a dock use area is equal to the property shoreline frontage width, with a maximum of 100 foot dock length. Sites in existence on February 5, 1970 with a lake frontage of 40-60 feet may have a dock extending up to 60 feet into the lake. Sites in existence on February 5, 1970 with lake frontage of 40 feet or less may extend to reach a water depth of 4 feet (not to extend beyond 60 feet). DUA Width portion within setbacks measured from extended side property lines into the lake. For that portion of the length or authorized dock use area which extends from the shore: 0 - 50 feet 10 foot setback 50 - 100 feet 15 foot setback Cano ies re uire a 20-foot setback from the extended ro ert line ❖ Side opening slip (Boat parked parallel to shore) setback shall be at least equal to the slip depth (not less than20 feet). �:• Lots with 50 feet or less of shoreline in existence on February 2, 1970, qualify for a 5 foot setback, providing it in no way impairs access to neighboring docks. Dock Structure ❖ May exceed 8 feet, excluding posts, in either is length or width, but not both. ❖ Permanent docks require a permit from the LMCD. � ; Exam ple of Dock Use Area � - ,, � �� P � � ,_ �< . ,.. . . > , �. .., ,, „ . . ., e .. , < -. � . . .�� .., „ .,. �: • �. ;.. ,, ,.. . .. ,.; . .:� .- ,,,.; . � f i � t . . �. . . . , � - � � . .. .. , ,.. . s 3, �. � , � ��h��5„l4:�� `" ��t��3C�8d ' "*—Fxri?petty � ��_ Pr��rt�� n� � �irt� � � , �� , '�: " � � � �� ., ., . . �, . _ ; ..,. �r�� .� � ��Au�rrri��rl �� , � � � � ,, � � �t3�c:lc�l)s� � � � �, � �, ��Ar��a��71�A� �� lh�a'�� a� � �� m � � � �. A ,, . ; , , ��"` ' , . : "��° �� , � �. �� _ ��r��l�ra��9�.�'l��.�C7� -a ta !_anr� ' t� ` � � � �, _ d ; , ., . � � � ,.. > , � r �� ,� �,.., � �. �