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Correspondence - 4165 Shoreline Drive - 8/3/1989NIENNEr0�9 � M � o_--- -- �' SNYE THE ti1NE " �` s�'14r10N BOARD MEMBERS JoEllen L. Hurr, Chair Orono Thomas Reese, Vice Chair Mound Jan Boswinkel, Secretary Minnetonka Beach John Lewman, Treasurer Minnetrista Douglas E. Babcock Spring Park Marvin Bjorlin Tonka Bay David Cochran Greenwood Albert O. Foster Deephaven James N. Grathwol Excelsior John G. Malinka Victoria Thomas Martinson Wayzata Robert K. Pillsbury Minnetonka Robert Rascop Shorewood Robert E. Slocum Woodland LAKE MINNETONKA CONSERVATION DISTRICT 402 EAST LAKE STREET WAYZATA, MINNESOTA 55391 TELEPHONE 612/473-7033 EUGENE R. STROMMEN, EXECUTIVE DIRECTOR August 3, 1989 Civil Division, Sheriff's Office Room 30, Courthouse Minneapolis, MN 55415 Gentlemen and ladies: We are pleased to enclose copies of Lake Minnetonka Conservation DistrictOrder for service on the Upper Minnetonka Yacht Club: Upper Minnetonka Yacht Club Marilyn Soderberg, Treasurer 6628 Aster Trail (home, daytime address) City of Victoria RDP Partners Jack Dennis, Officer 3055 Casco Point Road (home and office address) City of Orono Please let us know if there are any questions. Sincerely, LAKE MINNETONKA CONSERVATION DISTRICT ? Eugene R. Strommen Executive Director ERS:jm enc: Order (3) c/enc: City of Spring Park D.N.R. LMCD Inspector Doug Babcock Robert Rascop LAKE MINNETONKA CONSERVATION DISTRICT IN RE: APPLICATION OF UPPER MINNETONKA YACHT CLUB/RDP PARTNERS FINDINGS OF FACT The public hearing on the application of the Upper Minnetonka Yacht Club/RDP Partners (the "Applicant") was held on December 17, 1988, at 8:30 a.m. at the Tonka Bay City Hall. Dick Putnam appeared for the Applicant. The Applicant was seeking a new dock license, special density permit, and variance for the relocation of its existing yacht club facilities consisting of 60 slip spaces presently located at Enchanted Island in the City of Shorewood. Additionally, the Applicant requested a special density permit for an additional 32 slips to be constructed to a length of 114 feet from the shoreline. The subject property is located in the south upper lake in LMCD area number 5 in the City of Spring Park and consists of 320 feet of shoreline. The amenities offered by the Applicant are as set forth in the following Order. The Board finds the depth of water at the subject property adequate to dock out to the point of navigability without a variance for length except as may be necessary in periods of low water. However, the Board finds that an adequate provision can be made by temporary low water dock extension permits to accommodate the facility in periods of low water. Neighbors appearing at the hearing express concerns about the proposed development of 60 slips and the aesthetic effect of the docks on the adjacent Minnetonka Edgewater apartments. However, the Board finds that the facilities authorized in the following Order will not have the significant adverse effect on the environment or on adjacent properties. 1 In the original application, the Applicant noted that the 32 slip facility would be made available for use by tenants of the building on this site. However, upon learning that LMCD Code Section 2.05, Subd. 2, does not allow such a connection between 'entitlement to slip space and an interest in real estate, the Applicant has given assurance that there will be no connection between an interest in real estate and the right to use slips. CONCLUSION 1. The ordinances of the LMCD allow no more than one boat per 10 feet of shoreline. Therefore, given 320 feet of available shoreline, no more than 32 slips may be allowed. LMCD Code does not allow more than 32 slips under the facts of this case by transfer from noncontiguous locations or otherwise. 2. The Board finds that the public amenities listed hereafter in the Order, as offered and agreed to by the Applicant, are sufficient to justify granting the maximum number of slips allowed under the code by special density permit. 3. The Board finds that the criteria specified for granting a multiple dock permit are satisfied in this case. 4. The Board finds that the Applicant has not made a sufficient demonstration of hardship to justify the granting of a length variance as requested. 5. LMCD Code Section 2.05, Subd. 2, forbids a preference or connection between entitlement to slip space and an interest in real estate. The assurances given by the Applicant to the effect that there will be no such connection together with the conditions and limitations on rental policy hereinafter provided are sufficient to ensure there will not be an impermissible relationship between ownership in real estate and entitlement to slip space. 2 ORDER 1. The special density permit, new dock licenses, and variance requested are denied in part and granted in part as hereinafter provided subject to the following conditions, the violation of any one of which, without prior approval of the LMCD Board of Directors, is ground for revocation of the license and permit herein granted. 2. That part of Applicant's request to transfer 30 slips from the Upper Minnetonka Yacht Club's current location on Enchanted Island to the subject property is denied. 3. The Applicant's request for a length variance to allow construction of a dock out to 114 feet from the shoreline is denied. 4. The dock license and special density license for storage of 32 watercraft is hereby granted for construction of docks meeting all length limitations, side setbacks, and dimensional limits in the LMCD Code, to be constructed in accordance with the dock plan attached as Attachment One, and hereby made a part of this Order. 5. The Applicant shall establish and maintain the following public amenities: (a) Handicapped accessible docks from building entrance to docks via elevators and ramps. (b) Six rental sailboats shall be made available to experienced public at large by reservation. (c) A meeting room shall be made available to community for civic, educational or safety purpose groups by reservation. (d) A swimming beach, sail boards, and sailboats shall be made available for use by, and be used by, West Tonka Community Education Classes. (e) Youth and adult sailing programs will be conducted for the public at large as well as members of the club. 3 (f) The shoreline of the site shall be stabilized with rip rap. (g) A public telephone shall be provided at the site. (h) Handicapped accessible public rest rooms shall be made available at the site. (i) The Applicant will maintain and operate a gin pole to assist sailors in raising masts which shall be available to the public -at -large as well as members of the club. (j) All parking areas shall be covered with a dust -free, nonerodable, hard surface. (k) A deck and picnic area shall be constructed and maintained which is available by reservation by the general public for civic, educational or safety purposes. 6. No slips shall be made available to tenants, owners or occupants of the building at the site of the docks except in accordance with the following requirements: (a) Slips shall be made available only to the University of Minnesota sailing, the Hennepin County Sheriff's Water patrol and members of the Upper Minnetonka Yacht Club. (b) Slips shall not be made available to owners, tenants, or occupants of the building at the site unless they are also members of the Yacht Club. Slips shall be made available to members of the Yacht Club on a non-discriminatory basis and no privilege of priority shall be given to any club members who are tenants, owners or occupants of the building at the site. (c) The Applicant shall annually provide to the District, prior to approval of its dock license renewal, a statement and description of the policies of the club governing allocation of slip privileges among members, which policy together with other assurances required by the District, shall be sufficient to assure the District that no violation of LMCD Code Section 2.05, Subd. 2, has occurred or will occur under the policy. The Club shall submit at the same time a list of all persons or entities to whom slip privileges have been given and the owners of the boats kept at the slips. The Club shall also submit a description of the identifies of any such persons who are also owners, tenants or occupants of the site or are related to, affiliated with, or employed by such owners. 7. The permit is being issued without requiring that portions of the dock be fenced to prevent tying up at unauthorized locations at the dock. However, the Board reserves the right to require such fencing in the event such fencing is deemed necessary by the Board in the future. n 8. Prior to construction of the dock, the Applicant shall secure all necessary land use and building approvals required by the City of Spring Park. The licenses issued hereby shall grant no vested rights to the use of Lake Minnetonka. Such use shall at all times remain subject to regulation by the District to assure the public of reasonable and equitable access to the Lake. By Order of the Board of Directors of the Lake Minnetonka Conservation District this A0k day of 1989. LK110-011 Eugene R. Strommen Executive Director 5 -VL. Y% - P.0 I �y Al r'Qr4p 142t-/e-o' kwN 14 I -A M N-!'