HomeMy WebLinkAboutre dock i
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Lake Minnetonka Conservation District
Regular Board Meeting
October 25, 2006 Page 4
refund variance application deposits as outlined in 10/19/06 staff memo; 2A, Minutes from the 10/13/06
EWM/Exotics Task Force Meeting; and 3B, September financial summary and balance sheet.
1. WATER STRUCTURES
A. Mark Prueter& Rich Anderson, consideration of permanent dock license (residential) application
and 2006-2007 deicing application for the residences at 3205 and 3215 Crystal Bay Road in the
City of Orono.
Skramstad asked Harper to provide background on the agenda item.
Harper reviewed the staff memo, dated 10/20/06, which summarized these applications. If the
Board believed the applicants could continue to qualify for a deicing license, he recommended
approval of both applications with a number of conditions. These conditions included: 1) all
deicing activity must comply with LMCD deicing requirements (including all deicing activity and
fencing must be contained within the authorized deicing area), 2) the west portion of the existing
dock must be removed to meet the 15' setback prior to any deicing activity, 3) all watercraft stored
at the combined site must comply with current and future LMCD ordinances, 4) if agreement to
maintain a common dock is taken away by either property owner, portions of the permanent dock
must be removetl and each property owner must meet their specific dock use area requirements
for each individual lot, 5) boat storage at the combined site can only be for private, non-commercial
use of the site owners, and 6) only one dock structure may be combined on the combined tlock
use area. He entertained questions and comments from the Board.
MOTION: Van Hercke moved, McDermott seconded to approve the Prueter/Anderson
permanent dock license (residential) and 2006-2007 deicing applications for the
residences at 3205 and 3215 Crystal Bay Road as submitted, with the
recommendations made by Harper.
Seuntjens stated that he believed there were two decisions for the Board to make. First, part of
the dock was already installed and he preferred that applications should be made and approved by
the LMCD in advance, not after the fact. Second, part of the dock was for a future expansion and
he questioned whether approving it at this time was appropriate.
Babcock stated he was not troubled with the applicants requesting Board approval of a future
expansion of the proposed permanent dock. He proposed a friendly amendment that the
applicants maintain a one-time letter on file in the LMCD office that: 1) the two property owners
agree to a combined dock, and 2) both property owners agree to provitle the LMCD access to the
combined dock. Van Hercke and McDermott agreed to this frientlly amendment.
LeFevere stated that there were a couple reasons why the applications were brought forward to
the Board. First, the proposed dock would comply with LMCD Code because of mutual consent
arrangements between the two property owners and staff wanted to confirm the Board's comfort
level on this. Second, this deicing facility was considered an eligible facility because it had
previously deiced. However, the permanent dock would expand and LMCD staff wanted Boartl
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Lake Minnetonka Conservation District
Regular Board Meeting
October 25, 2006 Page 5
clarification on this.
Babcock expressed concern about the Board's action being accepted as a blanket approval for
future deicing applicants. In this case, he believed that the facts supported the permanent dock
license application and the expansion of the grandfathered deicing license.
LeFevere stated staff traditionally processetl both of these applications. If the Board had the
desire to review similar, future applications where expansions occur to a permanent dock, he
believetl that LMCD Code would need to be amended.
Babcock agreed with a code amendment to bring permanent dock and deicing applications to the
Board due to the current state of the LMCD's deicing concerns.
VOTE: Motion carried unanimously.
C. Additional Business
The consensus of the Board was for LeFevere to draft an amendment to LMCD Code in the near
future that would require Board review and approval of any grandfathered permanent tlocks that
are eligible to deice.
2. EWMIEXOTICS TASK FORCE
B. Chair update on the 10/13/06 EWM/Exotics Task Force Meeting.
Nybeck provided a recap of the October 13th EWM/Exotics Task Force meeting. Some of the
discussion at this meeting included:
• A review of the 2006 EWM Harvesting Program Final Season Report.
• Confirmation from the Army Corps of Engineers that the final Report of the 2006 Milfoil
Demonstration Project Final Report would be presented to the Task Force and Board in
December.
• An update on the 2006 I-LIDS project with Environmental Sentry Protection.
• An update on the LMA Comprehensive Prevention Plan document.
C. Environmental Sentry Protection (ESP), review of the 2006 I-LIDS Project Report by Eric Lindberg
Skramstad stated that Eric Lindberg of ESP was in attendance to provide the Board an update on
the 2006 I-LIDS project. He welcomed Lindberg on behalf of the Boartl.
Lindberg thanked the Board for their participation in this 2006 project. He provided an overview of
the Project Report via a power point presentation. During this presentation, he highlighted the
following information:
• The I-LIDS device itself and it's features.
• The goals and objectives of the 2006 project.
• � ITEM
lA
LAKE MINNETONKA CONSERVATION DISTRICT
October 20, 2006
T0: Board of Directors ' .�
e
FROM; Judd J. Harper, Administrative Technician ° -:�
SUBJECT: Mark Prueter& Richard Anderson Permanent(Non-Multiple) Dock License & De-icing Applications
BACKGROUND
Mr. Mark Prueter and Richard Anderson have submitted Permanent(Non-Multiple) Dock License and De-icing License
applications for a permanent common dock at 3215 and 3205 Crystal Bay Roatl on the south side of Crystal Bay in the
City of Orono. The applicants have documented approximately 164'of 929.4' shoreline at the combined site. The
applicants have proposetl an 83' long permanent dock with three slips to store four restrictetl watercraft for the two
properties.
Mark Prueter had explained to staff that a permanent dock with one slip and additional boatlifts or watercraft tied to the
dock hatl been used by 3215 and 3205 Crystal Bay road for years as a common dock. The applicants are brother-in-
laws. This dock originatetl from the Prueter property at 3215 Crystal Bay Roatl and he initially receivetl a de-icing
permit in 1997. Although the de-icing permits since 1997 were issued to Mark Prueter at 3215 Crystal Bay Road,
Richard Anderson at 3205 Crystal Bay Road was listed as an emergency contact on the applications. During the 2005-
2006 deicing inspection, it was observed that a new permanent tlock was instailed similar to the previous tlock with the
addition of another three-sided slip. The applicant was informed that a new permanent dock license appiication was
needed. The applicants have proposed one adtlitional three-sided slip for possible construction in the future. This is
requestetl at this time so they do not have to go through the application process in the future.
LMCD Code allows staff to issue all deicing and permanent dock licenses without Board review as long as they are
meeting all code requirements. In 2005, The LMCD Board amendetl LMCD Code concerning De-icing which limited
who qualified for de-icing permits, The Board allowed residential sites that were issued a de-icing permit for the winters
of 2002/2003, 2003/2004 or 2004/2005. Staff is looking for Board interpretation for residential sites that were issued tle-
icing permits in the qualifying winters but they have expanded the dock from what was installed during those years.
DISCUSSION
To evaluate the proposed applications, staff believes that five Code Sections apply to them, These inclutle:
1. Code Section 2.06 states that"No person may locate, construct, install or maintain a new permanent dock on the
Lake without first securing a permit therefor from the Executive Director pursuant to this section, providetl that no
such permit shall be required for docks regulated by Section 2.03", The Code allows the Executive Director to
grant the permit if the information shows that the dock will be in compliance with the Code. The Code further states
that a new permit is required whenever the size, type, location or configuration of the dock changes. However,
there is a grantlfathered clause in the Code that allows permanent docks lawfully in existence on 5/5/82 to continue
without a permit.
Staff believes the original permanent dock with one three sided slip was in existence without a permanent
dock license because it was in existence prior to 5/5182. The only documentation of the configuration of
this dock is from the site plan submitted with de-icing applications beginning in 1997 and an aerial
photograph from 2004. During the 2005-2006 de-icing inspection it was discovered that that the dock was
expanded to include an additional three-sided slip thus requiring a new permanent dock license.
. t
Mark Prueter/Richard Anderson Memo, 90120106, Page 2
2. Code Section 2.01, subd. 1 prohibits a person from using any area of the Lake outside an authorized dock use area
for docking and storage of watercraft. An authorized dock use area is defined as "that area of the Lake which may
be used for docks, moorings, boat storage, swimming floats, ski jump storage or diving towers, or which may be
enclosed on three sitles for any of these purposes". These three sides are further defined by Cotle for maximum
dock length and side setback requirements.
The proposed permanent dock is not contained within the authorized dock use area of the combined site.
Specifically, a portion of the swim platform on the west side of the dock does not meet the required 15'
setback.The applicants have stated that they will remove this part of the dock this winter on the ice prior to
de-icing the area.
3. Code Section 2.01, subd. 3 allows two or more adjoining site owners 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 subject to the following conditions: 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 combinetl dock facility than woultl be permitted at that owner's site.
Combination of dock use areas for a common dock requires continuing agreement between neighbors and
can be removed at by either neighbor at any time. In this situation, residents typically install seasonal
docks in the event their neighbor moves or their relationship changes. If either neighbor removed this
agreement, each property owner would have to adhere to dock use area regulations for their separate lots.
Staff has not traditionally approved permanent docks that require consent of neighbors to waive setback
requirements. This is because it is more difficult and costly to remove or relocate permanent docks rather
than seasonal.
Staff has approved a few permanent docks for residents that own multiple residential parcels that do not
meet the individual parcel setbacks. The applicants have stated that if the land were ever sold,the separate
parcels would not be separated. It was explained that if the lots were sold separately,the permanent dock
might have to be removed to meet the common lot line setback for dock installation and boat storage. A
condition on these licenses is that the dock is only approved if the lots remain under common ownership.
This permanent dock license should only be granted subject to continued mutual agreement between the
adjoining site owners.
4. Code Section 2.09 Subd. 1 states "it is unlawful for any person to install, operate, maintain or use deicing
equipment on Lake Minnetonka without a special license issued in accordance with this section ".
5. Code Section 2.09 Subd. 11 states that"Deicing Permits may be issued only for: a) Commercial docks; b) Dock
facilities that were issued deicing licenses for the winters of 2002/2003, 2003/2004 or 2004/2005; and Permanent
docks initially issued permanent dock permits between August 17, 2003 and August 17, 2004 ".
Mark Prueter was issued an LMCD De-icing License for the winters of 1997/1998 to 200312004 and also the
winter of 2005/2006 but they have expanded the dock from what was installed during those years. This
Code Section does not address how to handle existing sites that expand their structure. This expansion
may have minimal effect on the adjacent property owner to the east since this separate parcel is also own
by Richard Anderson and the proposed dock is meeting a 75' setback.
Mark Prueter/Richard Anderson Memo, 10120106, Page 3
In compliance with MN DNR General Permit 97-6098, the MN DNR and the City of Orono were provided copies of the
proposed applications on 10/13/06, with comments due in the LMCD office by 10/24/06. To date, staff has not received
feedback from the MN DNR or the City of Orono on the proposed applications.
RECOMMENDATION
If the Board believes the applicants continue to qualify for a tle-icing license, Staff recommends approval of the de-icing
license for the 2006-2007 de-icing season antl approval of the permanent dock license with the following contlitions;
• All de-icing activity must comply with LMCD deicing requirements including all de-icing activity and fencing
must be contained within the Authorized De-icing Area.
• The west portion of the existing tlock must be removed to meet the 15' setback prior to any tle-icing activity.
� All watercraft storage at the combined site (3215 and 3205 Crystal Bay Road) must comply with current and
future LMCD Ordinances.
• If agreement to maintain a common dock is taken away by either property owner, portions of the permanent
dock must be removed and each property owner must meet their specific dock use area requirements for each
individual lot.
• Boat storage at this combined site can only be for the private non-commercial use of the site owners.
• Oniy one dock structure may be constructed on the combined tlock use area.
�,j r-T-,E.;?r�,('�r'���:
0\L.4.:J.>: '+� Y.�'
��T 1 6 2006 LAKE MINNETONKA CONSERVATION DISTRICT
CITY OF ORONQ REQUEST FOR REVIEW AND COMMENTS
MINNESOTA DNR GENERAL PERMIT APPLICATION NUMBER: 97-6098
DATE OF REQLTEST: October 13, 2006
RESPONSES DUE BY: October 24, 2006
(Note: Comments on this application are due 10 days from receipt of this notice. Return to:
L.M.C.D.; 18338 Minnetonka Blvd.; Deephaven, MN 55391)
FROM: Judd J. Harper PHONE: (952) 745-0789
Administrative Technician E-MAIL: jharper@lmcd.org
TO:
X DNR Area Hydrologist: Ms. Julie Ekman, MN DNR, 1200 Warner Road
St. Paul, MN 55106-6793
X_ DNR Area Fisheries Manager: Mr. Daryl Ellison, MN DNR, 9925 Valley View Rd
Eden Prairie, MN 55344
X Municipality: Mr. Mike Gaffron, City of Orono, PO Box 66
Orono, MN 55323
_ Other
PROPOSAL INFORMATION
Name of Applicant: Mark Prueter/Rich Anderson Bay: West Crystal BaX
Address of Project: 3215 & 3205 Crystal Bay Road Orono MN
Project Description: The applicants have submitted permanent non-multiple dock and deicin�
license a�lications for a combined site on West Crystal Bay for a
common dock. This site consists of two parcels 3215 (Prueter) & 3205
�Anderson) Crystal Bay Road which has a combined 929 4 lakeshore
fronta�e of approximately 164'. The applicants are proposin�a
combined dock to store four watercraft The dock appears to be
contained within the authorized dock use area for dock len�th and side
setbacks onlv if the west portion of the existing dock is removed to
provide a 15' setback.
COMMENTS ON PROPOSAL
Comments on Project by Reviewer (attach separate sheet if needed):
Recommendation of Reviewer:
Name of Reviewer: Title: Date:
PERMANENT NON-MULTIPLE DOCK LICENSE APPLICATION
'� � Lake Minnetonka Conservatioil District
;,,�;�'���, 18338 Mini�etonka Blvd.
' " `� �•� Deephaven, MN 55391
—t_, ---=-�.-
F.A'Jk`�iF.t.ANf
�� , Phone (952) 745-0789
- .
LMCD Receipt#
In accordance with Sec.2.06 of the LMCD Code,the following application for a permanent dock license shall be
completed in all respects and submitted to the District office. No person may locate, construct, install or maintain a
new permanent dock on the lake without first securing a license providing that no such license shall be required of
docks requiring a license under sec 2.03 of the LMCD Code. A new license is required whenever the size,type,
location, or configuration of the dock is cha�lged. No new license is required for repair or replacement of a previously
permitted dock where such repair or replacement does not alter the size,type, location,ar configuration of the dock.
Because O:is form is to be copied,please use black ink or type.
The person completing this form is the authorized agent or property owner(circle one).
Applicant: ,/�fA/�/� "�iz�f-:�.c � J���,�aiz-a /�.�•�e�r J o ./
�z:.1—�izy.ri.9 L ,�� �'�,.a� 3Lc,— �.��1�,4� �a�, /Zo.�J
Address: �-a A �.� .r—r�S/ �.o �a " � .�.�i ���s�
City, State, Zip:
Phone: S��z �/7i ?s�� /Y�� y 7��Fax: _ >.r1 5�7/ S�'7/
Property Owner(if different from applicant): _ ��f-
Address
City, State, Zip:
Phone: Fax:
Documents listed below are required; and must accor�pany this application:
❑Locator Map �Scaled drawing of docks on abutting properties
❑County Plat Map C�'roposed facility site plan
I��Certified Land Survey, Legal Description C�xisting facility site plan
Absence of significa�zt requested data, could result in a proeessing delay. �._ ,. j
(.�C: . � � 2,�OG �
1. Type of facility �ivate O multiple dwelling �!
( ) commercial ( ) other(explain) _
....._- ,---
JG...�i
2. Intended use of dock facility �G�„� Gw��e i2 �G,� i,�o�,2:,,,��-
�6c.i�
3. Abutting property owners at the lakeshore:
North or West ���,�ar "�/Lst.� /��/L�l� .3 2 3a— G.�s,.tl,a� �",�s� �'o.�J
name and address
South or East /2��-q�1.J ,��� c�,.�,r�—., 3 2c„— C�y.�,%4 L �.�� /�"�
name a��d address '
Other affected parties
name a��d address
1 of 2
Permanent Non-Multiple Dock License Application
4. Site lake frontage: /E:y.l�� feet; distance of docic into the lake: �z � feet.
5. All setbacks for the dock use area have been observed O yes (�Zo.
6. All required permits, licenses and approvals have been obtained froin t11e city in which the
permanent dock is located, and from the DNR O yes (.�iio
EX]�11111: �G�izs" i i/� fJ i-�%'nt�4.��� �'/%Gr� /�-/�/,�i�C�ic.rt��' o�ir�c j i C'/1
7. Application Fee........................................ $150.00
After-the-fact application fee....................$150.00
Total Fee enclosed.........................................$ 3c�o `-=�
I certify that the infonnation provided herein and the attachments hereto are true and correct; I
understand that any license issued may be revoked by the District for violation of the LMCD
Code. I agree to reimburse the District for any legal, surveying, engineering, inspection,
maintenance or other expenses incurred by the District in excess of the amount of the
application fee. I consent to permitting officers and agents of the District to enter the premises
at all reasonable times to investigate and to determine whether or not the Code of the District is
being complied with.
I agree to submit a certified, as-built survey upon completion of the docks.
�`�`� --r i U�� ��
Authorized ignature Date
/� '�-�_> `7 �i'✓��N'�'—/Z_ i k � C.;.�4i C'
Title
Return this application,attachments and fee to:
Relationship to Owner
Lake Minnetonka Conservation District
18338 Minnetonka Blvd.
Deephaven, MN 55391-3232
Fax: (952) 745-9085
2 of 2
2004 Aeriai (Previous Dock)
Mark Prueter 3215 Crystal Bay Rd. / Richard Anderson 3205 Crystal Bay Rd.
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LAKE MINNETONKA CONSERVATION DISTRICT
UNIFGRM IDEI+ifiiF'ICATION OF T,AKF. MINNETONKA dRE�S
(l� I3.r31steda ���y (22� North Arm
(2) Yriests B�y (2�) Stubbs Ba,y
(3) Coo}:s B�y (2q) Maxwell Bqy
(4� l:'est Upper Za.ke (25� Laf�yette B�y
(5� South IIpper I,ake (26� Smiths Ba,y
(6� Smithtotirn D�y (27� Tanager Lake
�7} Phelps �riy �28� Browns Ba,y
(8� East IIpper Lake
(29� Wqyzata Ba,y
-� (9� Carmans B�y (3�) Graya Ba,y
(10� Jld Channel Ba,y (31� Libbs Zal:e .
(11� S�ing Park B�y (j2� Robinsons B�y
(12� Blac�: ZaL-e (33) Ba,y 5t. Louis
(13) I�nerald I,ake (34) Carsons Bay
(14� Seton I,ake (35) St. Albans Bay
. (15� Harrisons B�y �36� Eacelsior Ba,y
(16� Jennings Ba,y (37� Gideons Bay
(17� West Arm (j8� Echo Ba,y
(18� Forest La.ke (39) �i� I�land rassage
(19� C ofi'ee C ove (40� Veterzns Bztiy
(20� Wesi, Crysttil �ay (41� Lower Lgke South
(21� East Crystal B�y (42� yoti;er Lane Ilorth
=. DOCK LOCATION SURVEY FOR
�_- : MARK PRUETER AND RICHIE ANDERSON PROPOSED
_ OF LOT 1 , BLOCK 2, TOWNSITE OF LANGDON PARK
: AND IN TRACT C, R.L.S. NO 429
- HENNEPIN COUNTY, MINNESOTA
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o : denotes iron marker found
o : denotes iron marker set
I 1 MEREBY GERTIFY TMAT T11S PLAN,SPECIFICATION Ofl REPORT
�DATE BY REMARKS 'N/SPftEPME�BYMEORUNOERMYOIRECTSUPERYI510N, T-20-05 GRONBERG � ASSOCIATES INC•
ANO TiUT�AM A�ULY LICENSED PROFESSIONAL ENGINEER SCYE '
- - 10-3-�6 p� NEW UOCI(LAYOUT ADOm DRAWN pN0 LAND SURVEYOR UNOER THE UM5 OF TME STATE OF �••�20•
Mu+Nesorn ,g CIVIL ENGINEERS,LAND SURVEYORS,LAND PLANNERS
_ cHECKeo Ofi-064A 445 N.WILLOW DRIVE LONG LAKE,MN 55356
oA.� • O MINN IICENSENUMBER�L7II � s PHONE:952-473�d141 FAX:952-473-d435
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