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Home My WebLink About03/04/2011- letter from LMCD P��\NNFTO2� � v • • LAKE MINNETONKA CONSERVATION DISTRICT o � 23505 SMITHTOWN ROAD,SUITE 120•SHOREWOOD,MINNESOTA 55331 •TELEPHONE 952/745-0789•FAX 952/745-9085 tis <� FR�ar�oµo�s Greyory S. Nybeck, EXE��;U rIVF DIRtC f(�P March 4, 2011 «MrMrs» «FirstName» «LastName» «Address» «City», MN «Zip» RE: Site #«Site», «Bay» Bay Dear «MrMrs» t<LastName»: In the summer of 2010, the Lake Minnetonka Conservation District (LMCD) staff conducted lake-wide inspections of docks and watercraft storage on Lake Minnetonka. Your residential site was identified as one that was potentially not in full compliance with one or more LMCD Ordinances. The LMCD Board of Directors has opted to initially pursue a course of education and voluntary compliance for all sites so identified. The intent of this letter is to provide you with relevant and current information to allow you to assess your dock and watercraft storage configuration, and to take steps to bring them into compliance, if necessary, during the 2011 boating season and beyond. Your location was identified as one that mav have had more restricted watercraft stored at vour site than what was allowed within vour dock use area (please refer to the first and third bullet points that are noted on paae two). 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 httq://www.lmcd.org/qaqes/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. �� , �� .�b [� i��ddress: httF., ��riw�~t.lmcd-or� • 't-��;ail Addr� s� Imcd�'imcd,ory ��: � , To protect and preserve Lake Minnetonka. f «MrMrs» «FirstName» «LastName» March 4, 2011 Page 2 How manv 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 altowed by the 1:50' General Rule, up to two restricted watercraft may be mcoreci 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, sinQle-familv 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. Repeat inspections will be performed in 2011. Therefore, your prompt attention and cooperation is appreciated. Further violations, or non-communication documenting otherwise, will be turned over to the LMCD prosecuting attorney. I welcome your call to answer any questions you may have or to receive any documentation that would document compliance of the watercraft storage. I can be reached at 952-745-0789. Sincerely, Emily Herman Administrative AssistandCode 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 authorize� by the provisior�s 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. The following is a Synopsis of the LMCD dock use area rules for residentia/properties (Section 2.01). For a full copy of the ru/es please see Chapter 2 of the LMCD Code or cal/ the LMCD office. 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 Lenqth (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. Example of Dock Use Area � . u , �� :� �. ; - � � , � � �� . �� ; �� "� ��:� �� a�� ,�� :�� a �� , � � �� '� � � ��tl��►rf��d ' � �}o^�c �Rse � ,� � �s�� 3�1�� t�r � � � ' � , . . ,. . . . . . . � . � . . . � . .. ;Fn.( .. � � � . . . ..... . . . . .... .'. ,,;�1 .`','�hC��ft'1�{�;t'�.�� "�S} �1 ,� �..c7�� O C} � � �r � _ � � � �"' � � � �' � � as rt� 20110304 Initial Letter 3/4 Boat 3/7/2U11 Year ;Site#f i Bay � Mr/Mrs I First Name ``:, Last Name �� Address � City (State � Zip ! Boat Total � '10 Violation � Date'10 Ltr Mailed y _ I � I �2010 607 Fast Upper Mr. Douglas Hawkinson 3205 Casco Circle Orono MN 55391 3 3-4 Boats 03/04/11 i _ _ � i i Page 1