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Home My WebLink AboutRe: watercraft storage/docks T � P��r�1NNfr�� I • LAKE M I N N ETON KA CONSERVATION DISTR I CT �otis�� 23505 SMITHTOWN ROAD,SUITE 120•SHOREWOOD,MINNESOTA 55331 •TELEPHONE 952/745-0789•FAX 952/745-9085 �'°�Ar�oN o�S Gregory S. Nybeck, EXECU(IVE DIRECTOf3 February 23, 2012 Mr. Michael Tolliver and/or Current Resident 1098 Loma Linda Avenue Orono, MN 55364 RE: Site #629, North Arm Bay Dear Mr. Tolliver or Current Resident: In the summer of 2011, 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 2012 boating season and beyond. Your location was identified as one that mav have had more restricted watercraft stored at your site than what was allowed within your dock use area (please refer to the first and third bullet points that are noted on paQe two). The LMCD website and staff are resources you can use to help answer any questions you have. Chapter 2 of the LMCD Code, "Regulations of Structures within the Lake," is the relevant Chapter in answering your 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 www.lmcd.ora, under Rules and Regulations . 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 1) 16' or less in length and which uses a motor of 10 horsepower or less; or 2) 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. �� W��b Page Address http:Uw�vwJrT�cd.urg • E-�1iai1 A�_ldress: Imrd��zlmcd.ory io�;- ��c�-�:��„�,��r�.a��P To protect and preserve Lake Minnetonka. � + Mr. Michael Tolliver and/or Current Resident February 23, 2012 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 Aupust 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-family 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 prompt attention and cooperation in this matter. Repeat inspections are scheduled for the 2012 boating season and beyond, in which ongoing violations may result in legal consequences. I welcome your call so that we may assist you in assessing your boat storage needs. Sincerely, � � �-�,..w.�---� Emily He n Administrati e Assistant/Code Enforcement Enclosures: LMCD Code Excerpts Cc: Ciry of Orono LMCD Board Representative City of Orono Representative Mr. Michael Tolliver, 14801 Wychewood Road, Minnetonka, MN 55345 , 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 f eet 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. 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 Chapter 2 of fhe LMCD Code or call the LMCD office. Dock Use Area (Section 2.01 ) No person shail 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 properly 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 e lin ❖ Side opening slip (Boat parked parailel to shore) setback shall be at least equal to the slip depth (not less than20 feet). •3 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 •S May exceed S feet, excluding posts, in either is length or width, but not both. ❖ Permanent docks require a permit from the LMCD. . • ' • � • ' � " . �"° � � � . �� : , ; � � � �, � � � �, x '�, ,. �, � a � ��"�, � � � � � i 1 .. , �� ,! ,,�. e, � ,. �� ,' � s i � � � i � � b � � �� F� � � � � � .y:` � � : � � � � i; '� � � ��, d � � � -� ,� � � � � � � �� 4��: .�'. :�.S� / +� i.:� �x � �4 { $ % .;'+'+� F 2 ' A� v`R 3 �. -y' �aiF .��LtS f„�. ¢2Y1.'r , ahy. . ? _ ,p.i, §y� : "{_` a� ¢ � 9. .� ,t F�., k�F»�'; 3+ �} 5 ��'+i�',�. �,�� '�a t� 2 4�+ � t � � �. r. - i 3 g �Y �.. - �,z,. . - . ..: . ,� s ,, ,, , � , �-�. � 7, 'A_,.- � -� .-'. . �- � . ,'�� .�F %�', . � .. � . � . i � f, -�� . , . . �t '�: . � '� � �, 5 �� .•te ¢'v+�+'�^ �y R � �Lr :�i�a�.•, ' . `* .. �� $'�e e f�'h•. � '. � � �Tr / �i �� ' ... . .r. e S . ,� f � . f t �� t. � t� � �. rb�Mn � d. �� - f� . � . "a � ! �� Z�1�J^Jc� . P�� _��f- � v • � �" � • LAKE MINNETONKA CONSERVATION DISTRICT oti��` '�� 23505 S?�11THTOb'VN ROAD,SUITE 120•SHORE4^lOvD,P,4INNESOTA 5�:331 • TELEPHONE�352i7�15-0189•FAX 952I7�A5-9085 s��','nnoH°�5� tare�ory S.Nybeck, �XFCIJTIVE GIRFCTOR August 6, 2013 � `��/VE� Mr. and Mrs. Michael Tolliver A�� r�. „ Current Resident ��-� `� ��D1J 1098 Loma Linda Avenue ��`�� Orono, MN 55364 Q�f(� RE: Site #629, North Arm Bay Dear Mr. and Mrs. Tolliver and/or Current Resident: Since the summer of 2006, the Lake Minnetonka Conservation District (LMCD) staff 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 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 my re-inspection and documentation received boat storaqe at the subiect site continued to be out of compliance during the 2013 boatinq 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). • An educational flyer to assist in defining your dock use area. I continue to welcome your call so that I may review findings as they relate specifically to your property, as well as assist in assessing your watercraft storage needs. Re-inspection of your watercraft storage is planned the week of August 19`h and beyond. Any further violations could result in legal consequences as documentation would then be turned over to the LMCD prosecuting attorney. Sincerely, C...� �..,,,,-, — Emil H r n ' ' Y Administr� ive Assistant/Code Enforcement Enclosures Cc: City of Orono LMCD Board Representative City of Orono Representative Mr. and Mrs. Tolliver, 14801 Wychewood Road, Minnetonka, MN 55345 x'� `�;�;h Paqe,��irlr�-:>: I�tt.��//.^✓w�,v.lmrd.org • E-mail l�ddrAss: Irncd��lmr.d.org j�;��P��y<<--,�,=+�.��,�>��;^��,Ye To protect and preserve Lake Minnetonka. ��NNFT � �''_'. ��''f- J ;.. � • • LAKE iv11NNETONKA CONSERVATION DISTRICT o��p\� 23505 SMITHTOWN FiOAD.SUITE 120•SHOREVVOOD,PAINNESOTA 55331 •TELEPHONE 952/745-0789•FAX 952/745-9085 s � Gregory S.Nybeck,EXECUTIVE DIRECTOR eR�arioN°�S August 6, 2013 Mr. Paul Johncox 2948 Casco Point Road Orono, MN 55391 RE: Site#678, Carmans Bay Dear Mr. Johncox: Since the summer of 2006, the Lake Minnetonka Conservation District (LMCD) staff 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 was 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 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; with re-inspections planned for the following boating season and beyond. Based on my re- inspection and documentation received boat storaqe at the subiect site continued to be out of compliance durinq the 2013 boatinq season� specifically the storaqe of five or more restricted watercraft without a multiple dock license. In order to legally dock or moor five or more restricted watercraft, a multiple dock license would be required. To assess how many restricted watercraft can be stored, 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 web site). • An educational flyer to assist in defining your dock use area. I continue to welcome your call so that I may review findings as they relate specifically to your property, as well as assist in assessing your watercraft storage needs. Re-inspection of your watercraft storage is planned the week of Auqust 19t''. Any further violations could result in legal consequences as documentation would then be turned over to the LMCD prosecuting attorney. Sin.�cerely, �Q,�v,,.._._--�-- Emily man Administrative AssistanUCode Enforcement Enclosures Cc: City of Orono LMCD Board Representative City of Orono Representative ,(�, V�,'eb Page Address: http://www.lmcd.ory • F-mail Address: Imcd«vlmcd.org '+,M 30��,��stc��:��,�N��:�ast�� To protect and preserve Lake Minnetonka. FREQUENTLY ASKED QUESTIONS What is a restricted watercraft? A restricted watercraft is defined as any boat or vessei 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 in tength and which uses a motor of 10 horsepower or less; or 3) 20' or less in length and unmotorized, and which is propelled solely by human power. Most personal watercraft (J�t 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. How manv boats can I store? LMCD ordinances regulate the number of restricted watercraft that may be stored within a Dock Use Area at a residential site. In summary, Section 2.02 provides for: • Subd. 1: The General Rule is one restricted watercraft for each 50' (1:50') of continuous shoreline; without reference to the owners being residents of the site; or � Subd. 2: Unless a greater number is allowed by the 1:50' General Rule, up to two restricted watercraft may be moored or docked at any dock or mooring facility on a residential site in existence on August 30. 1978; without regard to the owners being residents of the site; or • Subd. 3 (a-c): Unless a greater number is allowed by the 1:50' General Rule, up to four restricted watercraft may be moored or docked at a dock or mooring area at a site, provided a number of conditions are met. One of these conditions includes all restricted watercraft must be owned and registered to the residents who live in the one single-familv residential structure on the site. • Subd. 4: Docks and mooring areas lawfully in existence on 5/3/78 may continue 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. In order to store five or more restricted watercraft, a multiple dock license would need to be approved by the LMCD Board of Directors (Code Section 2.03), based on a minimum of 226' of shoreline. Communication to your local municipality on your boat storage needs is highly recommended as the most restrictive Ordinance applies. � y • . 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 Requ�rements . 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 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-confonning 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. z,. , ' � 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 Chapter 2 of the LMCD Code or call the LMCD o�ce. 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 Lenuth (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 e lin ❖ 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. 1+ Exam ple of Dock Use Area } Extsr.c�ed Extended r*---- Property Pru�tty--� �' Line Lir1� ;o ��i• v fh �-� � :l 7C � Authorized � Dock Use � T Area (DUA) � Vltater � � � � � << ., � F Shareline��1y.4' NCUVU) � � Land 0 0 � � � � � � r r- �� cc m