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Home My WebLink AboutRe: boat slips � �c�5 No� �1�rc.. � y�� N11 NN fTO�� 9 ' M • LAKE MINNETO�NKA CONSERVATION DISTRICT O --- ---- V 23505 SMITHTOWN ROAD,SUITE 120•SHOREWOOD,MINNESOTA 55331•TELEPHONE 952/745-�789•FAX 952/745•9085 �'�=SAVE TNEIANE ��. E'.p --- c,'� Gregory S.Nybeck,EXECUTIVE DIRECTOR �ATION �� BOARD MEMBERS �m ��4:��,_ Lisa Whalen,Chair Minnetrista A� Tom Tanner,Vice Chair ApPI I �, 2009 R �.29 Wayzata CI `D�� Andrew McDermott III,Secretary � TomrScanlon,Treasurer O��RO/�� TO: �CD Member Cities sPri�9 Pa�k LMCD Board of Directors Doug Babcock Tonka Bay Peter Hartwich EX�eis;o� FROM: ` Emily Herman, Administrative Assistant Chris Jewett �nin^etor.ka ste�e�on�so� RE: LMCD Code Enforcement Efforts Mound Keith Kask ��Pna�e� In follow-up`to the 2008:LMCD Proactive Code Enforcement Program, °e""'S K'°ns please find enclosetl a#orm letter, with attachment,'that was sent out Minnetonka Beach B�u o�so� to individuals within your m�nicipality; along with a list of those v'�t°"a individuals in receipt of the letter. Kelsey-Page Greenwood "e;,b oai nn� The letter is utilized as the LMCD's first step in communicafion to ��k wooa��ff newly documented:sites storing three-or four restricted watercraft that snoreWooa potentially do not have the shoreline to support,such storage. Prior to mailing the letter, staff has confirmed the sites estimated shoreline and, if possible, the ownership of their watereraft. All sites will be re- inspected in:the 2009 boating season. ` If you have any questions, please do not hesitate to-call. Enclosure Z� 50%Recycled Content Web Page Address: http://www.lmcd.org 20%Post Consumer waste E-f11811 Addf@SS:If11Cd�1f11Cd:01'g / � v�� N11NNfrO��9 • M • LAKE MINNETONKA CONSERVATION DISTRICT n� '"=___ �...-- � 23505 SMITHTOWN ROAD,SUITE 120•SHOREWOOD,MINNESOTA 55331•TELEPHONE 952/745-0789•FAX 95?1/45-9085 ys =S�YE TNE L�IIE �� Gregory S.Nybeck,EXECUTIVE DIRECTOR � ��VATION ��y BOARD MEMBERS March 31, 2009 Lisa Whalen,Chair Minnetrista Tom Tanner,Vice Chair Wayzata «MrMrs» «FirstName» «LastName» Andrew McDermott 111,Secretary «Address» Orono Tom Scanlon;Treasurer «Clty», MN «Zlp» Spring Park Doug Babcock RE: Site#«Site», «Bay» Bay Tonka 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 ident�ed as one that was potentially 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 (please refer to the first and third bullet points that are noted on the followinq 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/paqes/Chapter2.htm. 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 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. Z� 50%Recycled CoMent Web Page Address:http://www.lmcd.ona 20�Post Consumer Waste E-mail Address: ImcdCa�lmcd.or4 � «MrlVirs»«FirstName» «LastName» March 31,2009 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 foflowed. One of these conditions includes all restricted watercraft must be owned and reqistered to the residents who five in the one, sinqle-familv 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 cooperation in taking the time to understand the rules and regulations and maintain 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. Sincerefy, 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. 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 f rom 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! _ _ _ _ _ _. __ . Site# � Bay � First Name � Last N�me Address City Boat Tot�l s #of Empty Slips D�te'08 Ltr Mafled ; 3 04/01/09 � 542 Crystal Jeffrey and Melissa Andrade 2565 North Shore Drive Orono 4 04J01/09 ' i 3 04/01/09 ; 4 04J01/09 i i 4 04/01/09 i 0 4 04/01/09 � 3 04/01/09 ! � 3 Q4/01/09 4 04/O1/09 4 04/O1/09 ' 4 04/O1/09 ' ; 4 04/01/09 � 3 04/01/09 Page 1 Dock Rental Information Flyer 4-98 Updated 5-04 �0,�. CITY OF ORONO O y, O Building& Zoning Department ��k�� , � ��,�.�� ORONO MUNICIPAL CODE ,�ti Excerpts Regarding � �i' ,.; `a'`_ , � PROHIBITION OF BOAT SLIP RENTAL ,� �, G � "' �": ��ti�► �E88��" IN RESIDENTIAL ZONES ---------------------------------------------------------------------------------------------------------------------- The Orono Municipal Code prohibits residential property owners from renting out boat slips at their private docks. The provision of slippage for anyone other than the owners or occupants of the property, regardless whether there is a 'rental fee' involved, is prohibited. Such activity is considered to be the 'business of docking, mooring or storing boats' which is only allowed within the B-2 Lakeshore Business District. ----------------------------------------------------------------------------------------------------------------------- The following Municipal Code sections apply: Section 78-661: Definition: "Marina Business" means engaging in one or more of the permitted, accessory or conditional uses allowed within the B-2 Lakeshore Business District. Section 78-665: Within the "B-2" Lakeshore Business District, no land or structures shall be used except for one or more of the following uses: (1) Rental of in-water boat slips... ...(4) On-land storage of boats, winter and summer. Sections 78-302/303/304; 78-327/328/329; 78-347/348/349: (LR-1 A, LR-1 B, LR-1 C One Family Lakeshore Residential Zoning Districts, list of permitted, conditional and accessory allowed uses). None of these single family residential districts include 'rental of in-water boat slips' or 'on-land storage of boats, winter and summer' as allowed uses. They do allow "private docks" as an accessory use, 'subject to the City Code and other applicable regulations, including boat storage density requirements'. While 'private docks' is not defined in the zoning code, the City has contended and the court has upheld that a private dock is an accessorv structure which by definition is a use "exclusively used for purposes incidental to those of the principal use", i.e. for the use of the owners or occupants of the property. Section 94-36/37/38: Re: Joint Use of Lake Facilities. This Section requires annual licensing for adjoining riparian property owners who wish to share a dock. It does not allow for business use of private docks. Continued - City of Orono PROHIBITION OF BOAT SLIP RENTAL IN RESIDENTIAL ZONES-Continued Section 94-71 thru 94-101: Re: Marina Business Licensing 94-71: Definitions "Business Use" means engaging in either a marina business or the business of docking, mooring or storing boats. "Marina Business" means engaging in one or more of the permitted, accessory or conditional uses allowed within the B-2 Zoning District. "Business of Docking, Mooring or Storing Boats" means renting or otherwise providing space, including boat buoys, for docking, mooring or storing one or more boats belonging to persons other than the owner or occupant of the property, except when licensed as a joint use. 94-76: License Required. It is unlawful for any persons to engage or participate in business use without first having obtained an annual license therefor from the City. 94-100: Business Use Licenses Limited to B-2 Zone. No business use shall be licensed in any zoning district other than B-2, except when a business use is allowed by ordinance in another zoning district, such use conducted in said district shall not be required to obtain a license. If you have questions,please contact the Orono Building and Zoning Department(952)249-4600. City of Orono-Municipal Offices Street Address: Mailing Address: 2750 Kelley Parkway www.ci.orono.mn.us P.O. Box 66 Orono,NIN 55356 Crystal Bay,MN 55356 Telephone:(952)249-4600 ❑ Fax(952)249-4616 Christine Mattson From: Jessica Werder Sent: Wednesday, August 10, 2011 8:23 AM To: Christine Mattson Subject: RE: Boat Plates Hi — Please see below: From: Christine Mattson Sent: Tuesday, August 09, 2011 3:42 PM To: Jessica Werder Subject: Boat Plates Hi, Will you run the following boat plates for me? MN 1876 KR LICENSE NBR: 1876KR EXP DATE: 1212 DLN: M293168328414 NAME: LAST/WILLARD FIRST/JOHN MIDDLE/EMERSON ADDRESS : 6988 RAVEN CT EDEN PRAIRIE MN DATE OF BIRTH: 061359 PHONE: 9529741553 * MAKE: BAYLINER YEAR: 00 HULL ID NUMBER: USHE95CLE000 TYPE OF BOAT: 08 RUNABOUT USE: 1 PLEASURE HULL MATERIAL: 4 FIBERGLASS/PLASTIC TOILET : PROPULSION : 1 INBOARD LENGTH: 18 COUNTY USED : 16 HPl : 95 HP2 : 0 M N 5694 KJ LICENSE NBR: 5694KJ EXP DATE: 1213 DLN: A141028042206 NAME: LAST/SACK FIRST/MICHAEL MIDDLE/ROBERT ADDRESS : 6826 ALPINE TRAIL EDEN PRAIRIE MN 55346 DATE OF BIRTH: 062866 PHONE: 8165073469 * MAKE: CHAPARRAL YEAR: 06 HULL ID NUMBER: FGBT1947J506 TYPE OF BOAT: 08 RUNABOUT USE: 1 PLEASURE HULL MATERIAL: 4 FIBERGLASS/PLASTIC TOILET: PROPULSION : 1 INBOARD LENGTH: 26 COUNTY USED : 27 HPl : 0 HP2 : 0 Thanks! Christine Mattson Planning Assistant City of Orono 2750 Kelly Parkway Orono MN 55356 (physica/addressJ PO Box 66 Crystal Bay MN 55323-0066 (mailing addressJ 1 ,.:> v�r�. � f a .�,;', �� ; - .._ V- � . V - August 10, 2011 Jeffrey & Melissa Andrade 2565 North Shore Drive Wayzata, MN 55391 RE: Notice of Violation Illegal dock rental/boat storage at 2565 North Shore Drive P I N: 09-117-23-41-0004 It has come to our attention that you are currently storing boats, MN license numbers 1876 KR and 5694 KJ, at your property, 2565 North Shore Drive, neither of which are registered to you or to the property address and are in violation of City Code Section 78-302. Storage of boats that are not licensed or registered to you or the property is considered a commercial use and is inconsistent with permitted uses within the LR-1A zoning district. Also, slip rental violates City Code Section 78-665, which is considered a commercial use and only allowed in the B-2 District. This letter will serve as your notice that you must discontinue the commercial use of your residential property before Monday, August 22, 2011. To bring your property into compliance, all boats must be licensed and registered to the property owner. I have attached the pertinent City Codes for your reference, along with our information sheet entitled Prohibition of Boat Slip Renta/ in Residential Zones. We will monitor your property through the remaining boating season to assure compliance. If you have any questions, please don't hesitate to call me at 952.249.4620. Sincerely, CITY OF ORONO Christine Mattson Planning Assistant c: John E. Willard; 6988 Raven Ct; Eden Prairie, MN 55346 Michael R. Sack; 6826 Alpine Trail; Eden Prairie, MN 55346 Attachments: City Code Sections 78-347 and 78-665 Information Sheet S � � �� — �� ",��.:� � tro 1 �� .�. � , a. , �,�. �� .�: � i � �� ,�� , . 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'� � �A�� Selected Parcel Data Date Printed:8/9/2011 3:41:52 PM Parcel ID: 09-117-23-41-0004 Current Parcel Date: 8/3/2011 Owner Name:] L ANDRADE&M L ANDRADE Parcel Address: 2565 NORTH SHORE DR,ORONO, MN 55391 Property Type: RESIDENTIAL LAK Sale Price: $364,000.00 Homestead: HOMESTEAD Sale Date: 08/1986 �i Area (sqft): 63654 Sale Code:WARRANTY DEED � Area (acres): 1.46 � A-T-B:ABSTRACT iMarket Total: $2,079,000.00 Tax Total: $25,260.14 i L.__ _