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1t. Consider Amendment to City Code Regarding Mooring Boats and Location of swimming Beaches 1 CITY OF CHANHASSEN \ , , I 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 1 MEMORANDUM TO: Mayor and City Council 1 FROM: Don Ashworth, City Manager 1 DATE: July 18 , 1988 SUBJ: Boats and Waterways Ordinance Amendment Complaints received from the Lotus Lake Homeowners Association and Lake Minnewashta residents prompted staff to review the code 1 regarding mooring of boats and location of swimming rafts (Attachment #1) . It appears that any lake resident could moor a boat in front of anyone' s property. There was also concern about the ability to moor a boat in front of an outlot, owned by a resident(s) , and the grandfathering of boats currently moored. Accordingly, staff had the City Attorney prepare the attached 1 code amendment. The ordinance amendment clarifies who is per- mitted to moor a boat and where, and permits mooring of boats only in front of lots with a home. RECOMMENDATION Staff is recommending that the Council table action on the ordi- nance amendment until a public hearing can be held. The Council agendas for August are full and staff is recommending to set the public hearing for September 12, 1988. Staff will notify 1 lakeshore homeowners, homeowners associations , and any other known interested parties. ATTACHMENTS 1 . City Code. /(>)4'1-1 2 421 . Proposed amendment. 1 - 1 I 1 I I I I I I I I • 1 --i I ..11 1 I .......i IIIIIImr I § 6-24 CHANHASSEN CITY CODE (2) Obstruct reasonable use or access to any other dock, mooring or other structure authorized under this chapter; (3) Present a potential safety hazard; or (4) Be detrimental to significant fish and wildlife habitat or rotected vegetation. P (Ord. No. 73, § 3.01, 7-11-83) Sec. 6-25. Construction and maintenance generally. Docks,moorings and other structures may be constructed of such materials and in such a manner as the owner determines, provided that they shall be so built and maintained that they do not constitute a hazard to the public using the waters of the lake and they shall be ' maintained in a workmanlike manner. (Ord. No. 73, § 3.07, 7-11-83) ' Sec. 6-26. Docks. (a) No dock shall exceed six (6)feet in width and no dock shall exceed the greater of the ' following lengths: (1) Fifty(50)feet; or ' (2) The minimum straight-line distance necessary to reach a water depth of four(4)feet. (b) The width(but not the length)of the cross-bar of any "T" or"L" shaped dock shall be ' included in the computation of length described in the preceding sentence. The cross-bar of any such dock shall not measure in excess of twenty-five (25) feet in length. No dock shall encroach upon any dock set-back zone; provided, however, that the owners of any two (2) ' abutting lakeshore sites may erect one (1) common dock within the dock set-back zone appurtenant to the abutting lakeshore sites, if the dock is the only dock on the two (2) lakeshore sites and if the dock otherwise conforms with the provisions of this chapter. No ' more than one (1)dock shall be permitted on any lakeshore site. (c) No person shall store fuel upon any dock. ' (d) No oscillating, rotating, flashing or moving sign or light may be used on any dock. (e) No advertising signs shall be displayed from any dock. ' (Ord. No. 73, §§ 3.02, 3.03, 3.09, 3.10, 7-11-83) ' Sec. 6-27. Mooring, docking,etc.,of watercraft. (a) Except for privately-owned commercial resorts or commercial boat landings estab- lished prior to July 11, 1983, no person shall moor overnight, dock overnight, or store ' overnight more than three(3)watercraft on any lakeshore site or upon the waters of any lake. Docking of watercraft at any lakeshore site or storage of watercraft upon any lakeshore site is permissible however at any time other than overnight. ' 332 BOATS AND WATERWAYS § 6-45 ' (b) No watercraft shall be moored,docked or stored overnight on any lakeshore site or on the waters of any lake unless the watercraft is either: (1) Currently registered,pursuant to Minnesota Statutes chapter 361 in the name of the owner of a lakeshore site on the lake or in the name of a member of the owner's household; or (2) Currently registered as a guest boat at any privately-owned commercial resort or commercial boat landing located on the lake. (Ord. No. 73, §§ 3.04, 3.05, 7-11-83) Sec. 6-28. Swimming rafts,ski jumps, diving taverns,etc. (a) All swimming rafts shall meet the minimum standards in this subsection. Their size shall not exceed one hundred forty-four (144) square feet. Swimming rafts shall project over the water surface not less than one (1) foot and not more than five (5) feet, measured vertically, above the surface of the lake. Swimming rafts shall not be located in areas with a depth of less than seven(7)feet. Swimming rafts shall be reflectorized as provided in subsec- tion(b).Their distance from the ordinary high water mark shall not exceed one hundred(100) feet. (b) Swimming rafts, ski jumps, diving towers and other structures surrounded by the waters of any lake, whether floating or on posts, shall be lighted with a light visible in all directions,or have attached thereto sufficient reflectorized material so as to reflect light in all ' directions. The material shall be capable of retaining eighty (80) percent of its dry weather reflective signal strength when wet. (Ord. No. 73, §§ 3.06, 3.09, 7-11-83) ' Sec. 6-29. Fueling facilities. Installation of fueling facilities on docks,moorings and other structures shall be prohibit- ed.Any fueling facilities which were in active use prior to September 7, 1983,shall be deemed to be nonconforming uses.No such nonconforming fueling facility shall be enlarged or altered or increased or occupy a greater area than that occupied on September 7, 1983. Any noncon- forming fueling facility which is partially or totally destroyed by any cause, may be restored to its former use and physical dimension if said restoration is completed within one(1)year of its partial or total destruction. Maintenance and necessary structural repairs of a noncon- forming fueling facility are permitted provided that any such maintenance or repairs do not extend, enlarge or intensify such fueling facility. (Ord. No. 73, § 3.11, 7-11-83) Sec. 6-30. Removal of seasonal docks,moorings,etc. , All seasonal docks, moorings and other structures shall be removed from the lake before November 1 of each year. (Ord.No. 73, § 3.12, 7-11-83) Secs. 6-31-6-45. Reserved. 333 11. ORDINANCE NO. ' CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA AN ORDINANCE AMENDING CHAPTER 6 OF THE CHANHASSEN CITY CODE CONCERNING BOATS AND WATERWAYS ' The City Council of the City of Chanhassen ordains: SECTION 1. Section 6-27 (b) is amended in its entirety to ' read as follows: (b) No watercraft shall be moored, docked or stored overnight ' on any lakeshore site or on the waters of any lake unless: (1) Currently registered, pursuant to Minnesota Statutes ' Chapter 361 in the name of the owner of a lakeshore site on the lake or in the name of a member of the owner's household; or ' (2) If moored in the waters of any lake overnight it must be moored directly out from and within twenty- five (25) feet of a lakeshore site, upon which a ' dwelling unit has been constructed, owned by the owner of the watercraft. ' (3) Currently registered as a guest boat at any privately-owned commercial resort or commercial boat landing located on the lake. ' SECTION 2 . Section 6-28 is amended by adding subparagraph (c) to read: ' (c) Swimming rafts left overnight in the waters of any lake must be anchored directly out from and within one hundred (100) feet of a lakeshore site, upon which a dwelling unit has been constructed, owned by the owner of the swimming raft. All swimming rafts must have an identification plaque containing the name, address, and phone number of the owner. ' SECTION 3. This ordinance shall become effective immediately upon its passage and publication. 1 ' r07/21 /88 I • ADOPTED by the Chanhassen City Council this day of , 1988. ' CITY OF CHANHASSEN BY: Thomas L. Hamilton, Mayor ATTEST: Don Ashworth, City Manager ' -2-