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Home My WebLink AboutLMCD ltr re # of boats docked P�MINNETo�� v • • LAKE MINNETONKA CONSERVATION DISTRICT c c% 23505 SMITHTOWN ROAD,SUITE 120•SIIOREWOOD.MINNESOTA 55331 •TELEPHONE 952/745-0789•FAX 952/745-9085 �SFR�qr oN°�5�� Gregory S. Nybeck, FXECUTIVE DIRECTOR March 13, 2012 Mr. Jerry Martinson 2970 Casco Point Road, S Orono, MN 55391 RE: Site #608, Carmans Bay Dear Mr. Martinson: Since the summer of 2006, the Lake Minnetonka Conservation District (LMCD) staff has conducted lake wide inspections of watercraft storage on Lake Minnetonka. During one of those boating seasons, your site was identified as one that may have had more restricted watercraft docked or moored than what is allowed by LMCD Code. In follow-up to that inspection, a letter was submitted to you with the intent to provide relevant and current educational information to allow you, with the offer of staff assistance, to assess whether the watercraft storage was out of compliance, and, if so, to take the steps necessary to voluntarily bring the storage into compliance. Additionally, the letter documented that re-inspections were planned by the next boating season and beyond. Based on mv re-inspection and documentation received, boat storaQe at the subiect site continued to be out of comqliance during the 2011 boating season. To assess how many restricted watercraft your site can maintain, the following information is enclosed: • A document outlining frequently asked questions relating to boat storage. • An excerpt from LMCD Code Section 2.02, outlining watercraft density rules and Regulations; found in its entirety on the LMCD website at www.lmcd.ora, rules and regulations. • An educational flyer to assist in defining your dock use area. Re-inspection of your watercraft storage is planned yet this boating season and beyond. Any further violations could result in legal consequences as documentation would then be turned over to the LMCD prosecuting attorney. I continue to welcome your call to answer any questions you may have or to assist in reviewing your boat storage options. I can be reached at 952-745-0789. Sincerely, � �-�,�----- Emily Herm Administrative AssistanUCode Enforcement Enclosures Cc: City of Orono LMCD Board Representative City of Orono Representative �� b'Veb Page Address: http://www.lmcd.ory • E-mail Address: Imcd:�?Imcd.org 3�,�� ,��;,,� �=�,..;;^,a�;�> To protect and preserve Lake Minnetonka. Section 2 .02 . Shoreline Requirements. Subd. 1 . General Rule. No docks or mooring areas shall be constructed, esta.blished or maintained that provide space for or are used for moorinq or dockinq 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 determininq the number of restricted watercraft allowed result in the provision of a fractional restricted watercraEt, any fraction up to and includinq 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 Ftule 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 residentia� 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 oE 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 residential properties (Section 2.01). For a full copy of the rules please see Chapfer 2 of the LMCD Code or call the LMCD office. Dock Use Area (Section 2.0� 1 ) No person shali 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 ano 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 � � � �4 r t�'y \/�'p e � � t �.hEG�ti.�GI�J Ext��n,��d ' -,�.—_�.. 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