HomeMy WebLinkAboutChamplin attachComments on
480 Big Island
Dock Permit Request
480 Big Island Permit Request: Goal of Dock Permit is Construction
(Thull Permit Request, Page 22)
480 Big Island Permit Request: Proposed Dock Location
(Thull Permit Request, Page 19)
480 Big Island Permit Request: Use of Unimproved Right-of-Ways for Construction Goal
(Thull Permit Request, Page 15)
Public Right-of-Way and
Proposed Dock Area?
Proposed Dock Location Will Require Removal of
Established Shoreline Trees and Native Growth (Photo Taken on March 6, 2021)
Property marker
for 260 Big Island?
Path to be
Used for
Transporting
Construction
Materials and
Equipment?
Unimproved Right-of-Way Includes
Mature Trees and Native Growth
Providing Natural Habitat and
Big Island Rainwater Drainage Buffer Zone
for Lake Minnetonka
(Photo Taken on March 6, 2021)
Video Walkthrough Available Here:
https://photos.app.goo.gl/HPKLi4YpTbqvonbV9
Natural Habitat In Proposed Dock Location and Right-of-Way Use
The proposed dock location and the unimproved right-of-way are currently in a natural state, and the private property
areas directly adjacent to the right-of-way have been largely untouched by the property owners, allowing native trees,
shrubs, vegetation and wildlife to grow and thrive on the shoreline and along the right-of-way.
The City of Orono had informed property owners that the established native growth and resulting soil condition in the
unimproved right-of-way serve as a buffer to quell the drainage of rainwater from the higher elevations of Big Island
directly into Lake Minnetonka.
The southern perimeter of the “keyhole” adjacent to the proposed dock location has similarly been left untouched by
the property owner. The soil in the southern portion of the perimeter is saturated and supports vegetation adapted to
such growth conditions. The southern portion of the keyhole also supports wildlife including blue herons, ducks,
geese, turtles and beavers, often serving as a “safe harbor” for such wildlife, away from the watercraft traffic on Lake
Minnetonka.
A dock in this location would disrupt the native shoreline growth and habitat. Use of the unimproved right-of-way from
the proposed dock location to 480 Big Island for construction purposes would likely disrupt the native trees and other
growth which currently serve as a drainage buffer.
Comments Regarding the 480 Big Island Permit Request
The stated goal of the 480 Big Island Permit Request is for the construction of a shed, and
for planning for a larger residential structure on the 0.28 acre property.
Construction of any size will require equipment and materials to be brought onto the property,
from the Proposed Dock Location and along the unimproved right-of-way that are currently in
a natural state. It is highly likely that the natural trees, vegetation and habitat will be
disturbed and even destroyed in this process.
There is no provision in the Permit Request for storage of the dock during the winter season.
Transporting the dock from the shoreline to 480 Big Island to avoid encroachment is also likely
to cause damage to the unimproved right-of-way.
Reasonable alternatives are currently available to enable access to 480 Big Island, such as
those shown in the 480 Big Island Permit Request.
480 Big Island Permit Request: Numerous Alternatives
(Thull Permit Request, Page 12)
Reasonable Alternatives Not Addressed in Permit Request
●Use of existing permitted dock at one of the public access areas
●“Beach” boat at a public access site and use barge access site for
construction materials and equipment
●Join boating safety organization with docks located adjacent to Three Rivers
Park District property boundary
●Approach all property owners for easement or temporary dock usage
Sec. 78-567. - Permit for private improvements within public rights-of-way.
LINK TO SECTION
It is unlawful for any person to alter, improve or use for private purposes in any RS district any platted public right-of-way, any platted public park, or any other property owned by the city without first obtaining a
permit from the council, as follows:
(1) Inland property access. Persons desiring access to property located inland and not abutting the shoreline may apply for a permit to privately use and/or improve platted public right-of-way for such purpose.
The permit applicant shall demonstrate and the council shall find that there is no reasonable alternative access available, and that the proposed improvements and/or type of use would not unreasonably affect
other properties abutting the right-of-way. The council may approve, deny or place restrictions on any such permit based upon public health, safety and welfare considerations, including without limitation the
configuration of adjoining record lots, the location, width, topography, drainage and vegetation on the right-of-way and the number of existing or future property owners who may require access at the same
location. Any land alterations or improvements approved shall be the minimum amount necessary to provide reasonable inland access.
(2)Land alterations. Grading or physical alteration of any platted public right-of-way for any purpose, including inland property access, is prohibited except when such work has been specifically authorized as
part of a permit issued by the council. The permit applicant shall provide a detailed land survey of the right-of-way and appropriate engineering drawings sufficient to identify the full extent of all proposed work .
Permit approval shall be subject to obtaining a grading permit from city staff; and land alterations involving filling and grading shall be performed with only clean fill, and all other permits as may be required by
other agencies having jurisdiction. Public rights-of-way so improved shall be maintained by the licensee.
(3)Dockage on right-of-way. Installing, maintaining, keeping or using a private dock on any platted public right-of-way for any purpose, including inland property access, is prohibited except when such dock has
been specifically authorized as part of a permit issued by the council. Not more than one seasonal dock will be approved for access to any one property. In review and approval or denial of such permit, the
council shall consider the width and topography of the right-of-way, the number of property owners requesting dockage at that location, the plan of the proposed dock, and conformance with city and Lake
Minnetonka Conservation District dock regulations. The council may establish reasonable standards or requirements in approving any such dock permit.
(4) Encroachments prohibited. No private property, buildings, structures, fences, boats, vehicles, dock parts, junk or debris shall be built, stored, parked or kept at any time within any platted public right-of-way,
within any platted public park, or on any other property owned by the city except as specifically authorized by a permit issued under this section.
...
(Code 1984, § 10.31(5); Ord. No. 210 3rd series, § 12, 6-25-2018)
Orono, Minnesota Code of Ordinances
Lake Minnetonka Conservation District (LMCD) Code of Ordinances
Section 2.01. Authorized Dock Use Area
LINK TO LMCD CODE OF ORDINANCES
Subd. 2. Description of Authorized Dock Use Area. An authorized dock use area is described as follows:
a) Length - The authorized dock use area for sites bordering on the Lake extends into the Lake a distance equal to
the site Lake frontage to be measured at right angles to the side site lines...
b) Width - The authorized dock use area for sites bordering on the Lake is limited in width by the setback limitations
prescribed herein. The setback from side site lines as extended in the Lake shall be as follows:
Request for Consideration
As there are existing alternative access options to reach 480 Big Island, it is reasonable to
consider these alternatives instead of disturbing or destroying the native trees, vegetation,
habitat and drainage buffer along the shoreline and unimproved right-of-way that would result
from granting the 480 Big Island Permit Request.
The unimproved right-of-way identified in the 480 Big Island Permit Request includes areas that
may be deemed to be wetlands according to the Minnesota Department of Natural Resources
guidelines.
The LMCD side setback requirements for the Proposed Dock Location would involve the removal
of shoreline trees and vegetation from the unimproved right-of-way.
A complete land survey of the unimproved right-of-way, a shoreline classification review, and
conformity with the LMCD dock regulations should be required prior to determining the status of
the 480 Big Island Permit Request.
Thank you for
your time and
consideration
JuJud and Aleya Champlin
210 Big Island, Orono