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O ,,;., O CITY of ORONO
�a Municipal Offices
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''' ��`��� 2750 Kelley Parkway P.O. Box 66
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��x'EBH�g'�G Orono,MN 55356 Crystal Bay,MN 55323-0066
September 8, 2011
Equity Bank/CURRENT OCCUPANT
960 Partenwood Road
Long Lake, MN 55356
RE: Notice of Violation
Illegal dock rental/boat storage at 960 Partenwood Road
PI N: 08-117-23-21-0017
It has come to our attention that boats are being docked at 960 Partenwood Road. According to City
Code Section 78-327, boats must be registered to you or the property address. 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-1 B 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 the
residential property before Monday, September 19, 2011. To bring the property into compliance, all
boats must be licensed and registered to you or the property owner. I have attached the pertinent City
Codes for your reference, along with our information sheet entitled Prohibition of Boat Slip Rental in
Residential Zones.
We will monitor the 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
���I,a�.
Christine Mattson
Planning Assistant
c: Equity Bank; 5900 Green Oak Drive#100; Minnetonka, MN 55343
Attachments: City Code Sections 78-347 and 78-665
Information Sheet
Telephone(952)249-4600 • Fax(952) 249-4616
www.ci.orono.mn.us
f � � • �
September 8, 2011
960 Partenwood Road
Page 2 of 2
Sec. 78-327. Permitted uses.
Within the LR-1 B one-family lakeshore residential district, no land or structure shall be used except for
one or more of the following uses:
(1) City-owned public service structures that have been approved by the city council after the
required public hearings for public improvement projects, provided that:
a. All buildings are located at least 50 feet from any adjacent property zoned for residential
use.
b. The architectural design of the structure is found to be compatible with the surrounding
area.
c. If the city proposes amendment to the approved design plans or the placement of the
structure, notice of the proposed changes shall be mailed to all property owners within
350 feet of the parcel on which the structure is to be located. If the proposed structure is
to be located within a public right-of-way, property owners within 350 feet of the structure
shall be mailed notice of the proposed changes. Notice shall be mailed at least 14 days
before the council meeting at which the amended plans will be considered.
(2) Municipal buildings.
(3) Nonrental guest apartments (no exterior ingress or egress). An apartment within the principal
residence structure on a lot for the sole use of the occupants of the principal residence, including
their domestic employees or nonpaying guests. The only means of ingress or egress to the
apartment shall be from within the principal structure. Application for such a guest apartment shall
address the concerns of parking, sewage treatment, entryway and interior access method. Such
apartments shall not have utilities metered separately from the principal residence utilities and
shall not have a separate street address.
(4) One-family detached dwellings.
(5) Publicly owned parks and playgrounds.
(Code 1984, §§ 10.20(2), 10.24(2); Ord. No. 44 3rd series, §4, 2-25-2008; Ord. No. 82 3rd series, § 11, 12-13-
2010)
State Law References: State mandated permitted us Minn. Stat. §462.357, subd. 7.
Sec. 78-665. Permitted uses.
Within the B-2 lakeshore business district, no land or structure shall be used except for one or more of the
following uses:
(1) Rental of in-water boat slips.
(2) Sales of boats, motors, trailers and marine accessories.
(3) Repair and servicing of boats.
(4) On-land storage of boats, winter and summer.
(5) Marine fuel sales.
(6) Bait and fishing tackle sales.
(Code 1984, § 10.41(5); Ord. No. 132 2nd series, §2, 1-23-1995)
� � � . . . � .
Hennepin County Property Map - Tax Year: 2011
The data contained on this paqe is tlerived from a compilation of records and maps and may contain discrepancies that can only be disdosed by an a[curate survey performed by a licensed
land surveyoc The perimeter and area(square footage and acres)are approximates and may contain tliscrepancies.The information on this page should be used for reference Durposes only.
Hennepin County does not guarantee the accuracy of material herein contained and is not responsible for any misuse or misrepresentatlon of this information or its derivatives.
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Selected Parcel Data Date Printed:8/2/2011 11:45:35 AM
� Parcel ID: 08-117-23-21-0017 Current Parcel Date: 7/6/2011
Owner Name: EQUITY BANK
�, Parcel Address:960 PARTENWOOD RD,ORONO, MN 55356
i',
Property Type: RESIDENTIAL LAK Sale Price: $1,080,000.00
I' Homestead: HOMESTEAD Sale Date: 09/2010
i Area (sqft):45028 Sale Code:
� Area (acres): 1.03
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'' A-T-B: TORRENS
;', Market Total: $1,138,000.00
�' Tax Total: $13,124.64 i-fy� ��� ��� � �„_ .h
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20130325 2nd Letter 3/4 Boat 3/26/2013
Year Site# Bay Mr/� First Name Last Name Address City State Zip Boat To'12 ViolationDate '12 Ltr Mai cc:
2012 649 Maxwell Mr. Steve Liefschult 960 Partenwood Road Orono MN 55356 4 3 -4 Boats 03/25/13
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March 25, 2013
«MrMrs» «FirstName» «LastName»
«Address»
«City», «State» «Zip»
Dear «MrMrs» «LastName»:
RE: Site #«Site», «Bay» Bay
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 storage at the subject site continued to be out of
compliance durinQ the 2012 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 at www.lmcd.orQ, rules and regulations.
• An educational flyer to assist in defining your dock use area.
Re-inspection of your watercraft storage is planned for the 2013 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 Herman
Administrative Assistant/Code Enforcement
Enclosures
Cc: City of cCity» LMCD Board Representative
City of «City» Representative
«cc»
FREQUENTLY ASKED QUESTIONS
What is a restricted watercraft?
A restricted watercraft is defined as any boat or vessel for use on or stored on the pubiic
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 length 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 (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.
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 Auaust 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 reaistered to the residents who live in the
one single-family 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 Ordlnance applies.
Section 1 . 02 . Definitions
Subd. 41 . "Restricted Watercraft" means any boat or vessel tor 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 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 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-conforming use permit under this subdivision. Applications for non-
confonning 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.
The following is a Synopsis of the LMCD dock and boat storage rules for residential properties.
For a full co of the rules lease see Cha ter 2 of the LMCD Code or call the LMCD o�ce.
Dock Use Area
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 Len�th (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 po�tion 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 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.
Page 1 of 3
Exam ple of Dock Use Area
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Page 2 of 3
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Watercraft Densitv Restrictions
No person shall use any area of the lake outside of an authorized dock use area for docks,
moorings, watercraft, storage, swimming floats, ski jump storage, or diving towers unless
specifically permitted.
Restricted Watercraft Definition -any boat or vessel for use on or stored on the public waters
of the Lake, except for unrestricted watercraft as defined below.
Number of Restricted Watercraft Allowed:
❖ 2 restricted watercraft may be moored or docked within a dock use area for most lots.
❖ 4 restricted watercraft may be moored or docked within a dock use area provided all the
following conditions are met:
➢ single family residential structure on the lot
➢ All restricted watercraft moored or docked at any dock or mooring facility
must be owned by and registered to persons who live in the residential
structure.
❖ 5 or more may be docked or moored provided there is 50' of shoreline at the lot for each
restricted watercraft. A lot with 5 or more restricted watercraft must have a multiple dock
license with the LMCD.
Unrestricted Watercraft Definition - any boat or vessel for use on, or stored on the public
waters of the lake which is:
16 feet or less in length and non-motorized; or
16 feet or less in length and which uses a motor of 10 horsepower or less; or
20 feet or less in length, non-motorized, and which is propelled solely by human power.
Number of Unrestricted Watercraft Allowed:
Residents can have any number of unrestricted watercraft within the dock use
area.
❖ Residents should check with their city for any addifional restrictions to the above.
Page 3 of 3
P��INNFTO��
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• • LAKE MINNETONKA CONSERVATION DISTRICT
�o �� 23505 SMITHTOWN ROAD,SUITE 120•SHOREWOOD,MINNESOTA 55331 •TELEPHONE 952/745-0789•FAX 952/745-9085
�S�R�A710N��h�� Gregory S.Nybeck,EXECUTIVE DIRECTOR
RFcF���D
March 26, 2013 M'�R 2�?013
C/7�.�F oRoNo
TO: �CMCD Member City Representative
LMCD Board of Director
FROM: Emily Herman, Administrative Assistant/Code Enforcement
RE: LMCD Code Enforcement Efforts
Please find enclosed various form letters that have been individually printed and submitted
to residents within your municipality relative to watercraft storage density and compliance
with the LMCD's respective ordinances.
The enclosed letters that you received may consist of one, or both, of the following:
• An initial or second follow-up letter to sites storing three or four larger, restricted
watercraft that may not have enough shoreline to support the storage; based on the
1:50' General Rule; or
• An initial or second follow-up letter to sites storing five or more restricted watercraft
that currently do not have a multiple dock license on record.
Extensive research was completed on the site's estimated shoreline and the watercraft
ownership prior to the submittal of the letters. The highlighted title on the respective
database printout will document which letter they received. Additionally, I have enclosed
various educational attachments that accompany the different letters.
There are a few more letters yet to be printed, in which I will submit them under separate
cover. I welcome any questions you may have and can be reached at 952-745-0789.
Enclosure
� Web Page Address: http://www.lmcd.org • E-mail Address: Imcd@Imcd.org
30%PostConsumerWaste To protect and preserve Lake Minnetonka.