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Home My WebLink AboutLMCD Code enforcement efforts , , �� e)� �� : �� MiNN fro� � v y ` • M • LAKE MINNETONKA CONSERVATION DISTRICT O ---- -- V 23505 SMITHTOWN ROAD,SUITE 120•SHOREWOOD,MINNESOTA 55331•TELEPHONE 952/745-0789•FAX 952/745-9085 �' =SIIYE TME LABE �. '� G'egory S.Nybeck,EXECUTIVE DIRECTOR 5��'AtION Q�� BOARD MEMBERS � ; � ,. . � .. . � . � . . . . .� . � � . � . ��1 b�y, . . � Lisa Whalen,Chair w �v►��netrista . ApCil 1, 2009 �A� Tom Tanner,Vice Chair Wayzata b��oa�' Andrew McDermott QJ,Secretary C/j'Y To�mrScanlon,Treasurer O�QR�� TO: �CD Member Cities sPr'"9 Park LMCD Board of Directors Doug Babcock Tonka Bay : Peter"flrtW��n FROM: Emil Herman, Administrative Assistant Excelsiar y Chris Jewett �A�nr.c`pn4� � . . .. . � . �: �.. . . .. . . - . , . ste�e�on�so� RE: LMCD Code Enforcement Efforts � Mound Keith Kask �eepna�en In follow-up'to the 2008 LMCD Proacfive Code Enforcement Program, °e""'S K'°ns lease find enclosed a form letter, with attachment,'that was sent out Minnetonka Beach p 8��o�so� _ to individuals withir� your municipality; aiong with a list of those v'�t°"a individuals in receipt of the letter. Kelsey Page Greenwood Hera sue�n The letter is utilized as the`LMCD's first ste in commun;icafion to ` woodland p ��k wooar�ff newly documented sites storing fhree or four restricted watercraft that sno�eWood potentially do not have the shoreline to support such storage. Pcior to mailing the letter, staff has confirmed the sites estimated shoreli�e - and, if possible, the owneeship:ofi their water.craft. All sites will be re- inspected in the 2009 boafing season. ` "If you have any questions, please do not hesi#ate'to call. Enclosure � Z�� so%aa�y�ied come�c Web Page Address: http://www.lmcd.org 20%Post Consumer Weste E-fllall AdC�f@SS: �f11CC��1'T1Cd:01'g # v�� 1�IIINNET0��9 • M • LAKE MINNETONKA CONSERVATION DISTRICT n '"- � � 23505 SMITHTOWN ROAD,SUITE 120•SHOREWOOD,MINNESOTA 55331•TELEPHONE 952/745-0789•FAX 952/745-9085 �Zs =S�YE TNE LIIKE ��' Gregory S.Nybeck,EXECUTIVE DIRECTOR 9� ��VATION O� BOARD MEMBERS March 31, 2009 Lisa Whalen,Chair Minnetrista Tom Tanner,Vice Chair Wayzata «MrMrs» «FirstName» «LastName» Andrew McDermott III,Secretary «Address» Orono Tom Scanlon,Treasurer «Clty», MN «Zlp» Spring Park Doug Babcock Tonka Bay RE: Site#«Site», «Bay» Bay Peter Hartwich Excelsior Dear «MrMrs» «LastName»: Chris Jewett Minnetonka Steve Johnson In the summer of 2008, the Lake Minnetonka Conservation District(LMCD) staff . Mound conducted lake-wide inspections of docks and watercraft storage on Lake Keith Kask Deephaven Minnetonka. Your residential site was identified as one that was potentiafly not in Dennis Klohs full compliance with one or more LMCD Ordinances. The LMCD Board of Minnetonka Beach Directors has o ted to ursue a course of education and voluntary compliance for Bil101son P p Victoria all sites so identified. The intent of this letter is to provide you with relevant and Kelsey Page current information to allow you to assess your dock and watercraft storage Greernvood Herb Suerth configuration, and to take steps to bring them into compliance, if necessary, Woodfand during the 2009 boating season. Repeat inspections will be performed in 2009 to Dick Woodruff determine if this approach was successful. Shorewood 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 fplease refer to the first and third bullet points that are noted on the followinct paQe). 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 http�//www.lmcd.or4/paaes/Chapter2.htm. The following is offered to hetp 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. �� Web Page Address:http:/lwww.lmcd.or4 50 k Recycled ConteM 20°k Pod Consumer Waste E-mail Address: Imcd .Imcd.orq c MrMrs»«FirstName» «LastName» March 3l,2009 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 allowed by the 1:50' General Rule, up to two restricted watercraft may be moored or docked at a dock or mooring facility on a residential site in existence on Auqust 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 reqistered to the residents who five in the one, sinqle-family residential structure on the site (Subd 3; a-c). Residents shouid check with their city for any additional storage restrictions. The LMCD is requesting your cooperation in taking the time to understand the rules and cegulations and rnaintain your site within those regulations. As staff will be reviewing their findings during the 2009 boating season, your prompt attention and cooperation in addressing this matter is appreciated. Please feel free to call the LMCD office at 952-745-0789 with any questions you may have. Sincerety, Emily Herman Administrative Assistant/Code 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 f ractional 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. City of Orono 3-4 Boat Initial Ltr Query 4/1/200! _ _ __ _ _ _ __ _ , 5ite# � Bay � First Name � kast N�me i address � City Boat 7otal � #of Empty SIIp� b�t�'OS Ltr Mafled ; � Orono 3 04/01/09 ' i Orono 4 04/01/09 � iOrono 3 04/01/09 � , Orono 4 04J01/09 i � Orono 4 04J01/09 � Orono 4 04/01/09 ' , - Orono 3 04/01J09 ' � � Orono 3 04/O1/09 ' ( Orono 4 04J01/09 i 484 Carmans James Schmidt 2585 Kelly Avenue Orono 4 04/01/09 Orono 4 04/01/09 Orono 4 04/01/09 � i Orono 3 04/01/09 Page 1