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HomeMy WebLinkAboutLMCD ltr re docks/boat storage ��M\NNFIo'b Q' ;� • :.� � • 1�' � ,.= . LAKE MINNETONKA CONSERVATION DISTRICT o '' � c; 23505 SMITHTOWN ROAD,SUITE 120•SHOREWOOD,MINNE50TA 55331 •TELEPHONE 952/745-0789•FAX 952/745-9085 ti� ,p` F'�l'AT�aN O�S Gregory S. Nybeck,EXECUTIVE DIRECTOR March 27, 2013 RECEI�'�� Ms. Julianne Scherven Mr. Alan Greene MAR 28 ��7� 2649 Casco Point Road 2645 Casco Point Road Orono, MN 55391 Orono, MN 55391 ��T1'OF ORONO RE: Site #681, Spring Park 8ay Dear Ms. Scherven and Mr. Greene: In the summer of 2012, the Lake Minnetonka Conservation District (LMCD) staff conducted lake-wide inspections of dock and watercraft storage on Lake Mlnnetonka. Your residential site was identified as one that was potentially not in full compliance with one or more LMCD Ordinances. The LMCD Board of Dfrectors has opted to pursue a course of education and voluntary compliance for all sites so identified. The intent of this (etter is to provide you with relevant and current information to allow you to assess your dock and watercraft storage needs, and to take steps to bring them into compliance, if necessary, during the 2013 boating season and beyond. Your tocation was identified as a oossible shared dock that had five or more restricted watercraft stored at the site at the time it was insoected Anv dock or mooring area constructed or maintained for the storaae of five or more restricted watercraft is defined as a "multiple dock or moorina area." The LMCD recognizes the ecologicai benefits of a shared dock; however, once a dock maintalns five or more restricted watercraft, a multiple dock license is required. To further explain options avallabie for maintaining a shared or individuai dock on Lake Mlnnetonka, the following is offered: Shared Dock without a MultialelNon-Commercial Dock License Attached please find an excerpt from LMCD Code Section 2.01, subd. 3., which provides the ability to adJust dock use areas and have a shared dock. In summary, two adjolning properties may store up to fQur restricted watercraft on one single dock wlthout a multiple dock license, sub)ect to the provisions Ilsted within. Shared Dock with a Mult(ple/Non-Commercial Dock Llcense In order to legaily store the same number of restricted watercraft on the shared dock that you had in 2013, a multipie dock license would be required. Watercraft storage density is based on each individual site's continuous shorellne measurements (see "How many boats can I store?" below). Addltionally, Code Section 2.01, subd. 3 (above) wouid apply, as weil. To obtain a multiple dock Iicense, the following two options are offered: • Multiple DocWNon-Commercial Llcense via LMCD Code Section 2.03, subd. 1-18: This is a more formal process in obtaining a muitiple dock license for two or more adjoining sites that wouid like to store five or more restricted watercraft that are not all owned and reqistered to individuals at the sitels). This process would be reviewed by staff and � Web Page Address� http://wwwJmcd.org • E-mail Address: Imcdi�lmcd.org 3�'��os���^�,�mt�w�,�� To protect and preserve Lake Minnetonka. Ms. Scherven and Mr. Greene March 27, 2013 Page 2 of 3 would (ncorporate more stringent guidelines, i.e., an applicatioNannual renewal fee, constructed dock and boat storage based on an approved scaled site plan, etc. • Multiple Dock/Non-Commercial License via LMCD Code 2.03, subd. 19 (attached): This is a more simplified process fn obtafning a muitiple dock ifcense for two or more adJoining sites to store ffve or more restricted watercraft that are ail owned bv and reafstered to oersons who ifve in the sinale familv residential structures on the combined sites. Indtvidual Dock Use for a Stnqle Site Each site has the ability to maintain an individual dock structure for watercraft storage. To assess your storage optlons under this provision, please see "How many boats can I store?" outlined below. 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 (n tength 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 simllar) 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 1 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 residentfal site. In summary, Section 2.02 (attached) 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 (Subdivisiont); or � Uniess a greater number is allowed by the 1:50' Generai Fiule, up to two restricted watercraft may be moored or docked at a dock or mooring facility on a residential site in existence on Auaust 30. 1978: without regard to the owners of the watercraft befng residents of the site (Subdlvislon 2); or • If the 1:50' Generai 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 reaistered to the residents who live in the one, sinale-familv residential structure on the site (Subdivision 3; a-c); or r � Ms. Scherven and Mr. Greene March 27, 2013 Page 3 of 3 • Docks and mooring areas lawfully in existence on 5/3/78 may contlnue provided the number of restricted watercraft does not exceed the number moored or docked on 5/3/78. Restrictions apply, one of which is to secure a non-conforming use permit (Subdivision 4). Residents should check with thelr city and review any housing covenants that mey dictate your watercraft storage rights, aa the most restr(ctive rule applies. i welcome your call so that we may assist you in assessing your boat storage needs. Additionally, the LMCD's website (r,tto://www.lmcd ora/naaeR/rha�ter2 htm) iS 8 g�e8t f@SOufC@ y0U can use to heip answer any questions you may have. Chapter 2 of the LMCD Code, Regulations of Structures within the Lake," is the relevant Chapter in answering those questions. The LMCD is requesting your prompt attention and cooperation in this matter. Repeat inspections are scheduled for the 2013 boating season and beyond, In which ongoing violations may result in legal consequences. Slncerely, ' �-��,,,,r�,G. - Emily H a • Administrative AssistanbCode Enforcement Enciosures: LMCD Code Excerpts Cc: Ciry of Orono LMCD Board Representative Ciry of Orono Representative r Section 2 . 01, Subd. 3 . Setback Adjustments and Common Use of Adjacent Dock Use Areas . Subd. 3 . Setback Adjustments and Common Use of Adjacent Dock Use Areas . Two or more adjoining site owners may by mutual agreement adjust the side setback requirements between such adjoining sites or may use their combined authorized dock use areas for a single common dock or mooring area subject to the following conditions : a) Adjustment of side setback requirements is permitted subject to the following limitations : 1) adjustment is only permitted: a) between or among owners of two or more non-commercial docks for the private non-commercial use of the site owners; or b) between an owner of a municipal dock and an owner of a multiple dock. 2) owners must observe side setbacks at the outer site lines of such adjoining sites . 3) setbacks may not be adjusted if the effect is to increase the authorized dock use area of a site used for a structure or for watercraft storage which is not in compliance with the current provision of section 2 . 05 . 4) separation between docks on such adjacent sites must be no less than the following: For the Portioa of the LenQth of the Dock Which Extends From the The Minimum Separation is: Shores Zero to 50 feet 20 feet 50 to 100 feet 30 feet 100 to 200 feet 40 feet b) Use of one or more sites for a single common dock or mooring area is permitted subject to the following limitations : 1) combination is only permitted between or among owners of two or more non-commercial docks for the private non-commercial use of the site owners . 2) only one dock structure may be constructed on the combined dock use areas . 3) no more restricted watercraft may be stored by any owner of a combined dock facility than would be permitted at that owner ' s site. ti Section 2 . 01, Subd. 3 . - Cont . c) Side setbacks and dock use areas between two or more adjoining sites may be adjusted by mutual consent of the site owners subject to the following conditions : 1) adjustment is only permitted: a) between or among owners of two or more non-commercial docks for the private non-commercial use of the site owners; or b) between an owner of a municipal dock and an owner of a private non-commercial dock. 2) owners must observe side setbacks at the outer site lines of such adjoining sites . 3 ) consent to the adjustment is revocable by any party to the agreement at any time. In any case in which any structure in the dock use areas of any of the adjacent sites requires a license under this Code, each annual license application must include a written consent of the owners of all affected sites . 4) no more watercraft may be stored at the adjacent sites affected by the adjustment than the sum of the number of watercraft which would be allowed at each site if there were no such adjustment . MultiDl• Dock Licsns• via - � LbsCD Cod� 3action 1.03, subd. 19s Adminiitrativs Zsauaacs o!' Licenae The purpose of this ordinance is not to increase the watercraft density or the size of the watercraft that could be maintained at the individual uncombined sites . The purpose is to reduce the amount of dock structure in the Lake. a) A license may be issued administratively by the Executive Director, without a hearinq, for residential multiple docks that meet all of the followinq conditions: 1) The owners of two or more adjoining sites are using their combined authorized dock use areas for a single common dock in accordance with Section 2 .Ol, subd. 3 b) . 2) All of the sites combined for the common multiple dock conform to current density requirements of Section 2 . 02 . 3 ) Each of the combined riparian sites is occupied by one single family residential structure. 4) All of the restricted watercraft stored at the facility are owned by and registered to persons who live in the single family residential structures on the combined sites . 5) The dock structure has a single point of entry from the shoreline. 6) All of the combined sites have at least 20 feet of shoreline at elevation 929 . 4 NGVD. 7) No more watercraft may be stored at the combined site than can be practically and validly stored at the uncombined sites including consideration of side setback requirements at the uncombined sites . 8) The dock structure and watercraft storage must meet side setback requirements of the Code at both ends of the combined sites . 9) The length of the dock use area will be based on the shoreline of the combined sites . b) The Executive Director may waive requirements for inforntation required by subdivision 2 of this Section. c) The Executive Director may issue renewal without change licenses if the applicants provide ownership and registration information on all of the watercraft stored at the facility. d) The Executive Director may refer any complex or environmentally sensitive application to the Hoard and shall refer any application that the Executive Director proposes to deny. e) No deposit is required for licenses issued under this subdivision, and applicants are not required to pay additional legal, surveying, engineering, inspection, maintenance or other expenses incurred by the District. . ` Section 1 . 02 . Definitions Subd. 41 . '�Restricted Watercraft" means any boat or vessel for use on or stored on the public waters on the Lake except for unrestricted watercraft as defined in this section. Subd. 55 .c . "Unrestricted Watercraft" means any boat or vessel for use on or stored on the public waters of the lake which is : a) 16 feet or less in length and unmotorized; or b) 16 feet or less in length and which uses a motor of 10 horsepower or less; or c) 20 feet or less in length and unmotorized, and which is propelled solely by human power. Section 2 . 02 . Shoreline Requirements . Subd, l . 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 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. Subd. 4 . Special Rule for Non-Conforming Docks and Moorings in Existence on May 3 , 1978 . Docks and mooring areas lawfully in existence on May 3 , 1978 may continue provided the number of restricted watercraft moored or docked at such docks and mooring areas does not exceed the number moored or docked on May 3 , 1978 . No such docks or moorings may be maintained without first securing a dock license under Section 2 . 03 or a non-conforming use permit under this subdivision. Applications for non- conforming use permits shall be made on forms provided by the District and upon payment of the fee established by resolution of the Board. Non- conforming use permits need not be renewed on an annual basis . Such licenses and permits will be issued only after a public hearing and upon presentation of evidence deemed sufficient by the Board to prove that the dock or mooring was in existence on May 3 , 1978 and that the number of restricted watercraft applied for were moored or docked at such facility as of such date.