HomeMy WebLinkAbout7C Dock Task Rpt
~
4646 Dakota Street S.E.
Prior Lake, MN 55372-1714
PLANNING REPORT
AGENDA ITEM:
SUBJECT:
PRESENTER:
PUBLIC HEARING:
DATE:
7C
REVIEW DOCK TASK FORCE REPORT
JANE KANSIER, PLANNING DIRECTOR
YES X NO/NA
FEBRUARY 11, 2008
INTRODUCTION:
The City Council created a Dock Task Force in September, 2007, consisting of two
members of the Planning Commission (Alan Billington and Dan Ringstad) and two
members of the Lake Advisory Committee (Harry Alcorn and Dan O'Keefe). The
purpose of the Task Force was twofold: 1) draft a policy regarding dock placement for
noncommercial property, and 2) consider how the language regarding marinas might be
clarified for enforcement purposes.
CURRENT CIRCUMSTANCES
The Task Force met three times over the last four months to discuss this issue. The
attached draft dock policy is the result of these efforts. The policy, as drafted, is
intended to be advisory, rather than regulatory. It is not enforceable by the City. The
policy is also intended to be general enough to address most but not all circumstances.
The basic premise is that one riparian property owner may not infringe on the rights of
another. It establishes a dock setback of 5 feet from the side lot line, measured at the
ordinary high water elevation. It also restates the current Zoning Ordinance requirement
that boat lifts and rail systems must be located at least 10' from a side lot line. If this
same setback is applied on the lake side of the lot, it means the lift would have to be
located away from the side lot line, but a moored boat could actually project over the
extended lot line (see illustration below). This setback attempts to assure the dock itself
does not cross over the extended lot line. With some of the narrow and pie-shaped lots
around the lake, this may be the best that can be hoped for.
fill
~
10'
Lift
1:\07 files\07 subject\docks\2-11-08 pc report. doc
www.cityofpriorlake.com
Page 1
Phone 952.447.9800 / Fax 952.447.4245
The policy also parrots the DNR rules, which place the number of mooring places on a
dock to six boats. Any dock for more than six boats requires a DNR permit. The good
news is this does provide a maximum number of watercraft per dock. The bad news is
that it does not limit the number of docks per property, so a property owner could install
multiple docks. Finally, the policy does not limit watercraft on private docks to those
owned by the property owner, so if this policy is read alone, without the Zoning
Ordinance or DNR rules, it may appear that mooring boats owned by others, or renting
mooring space at single docks is permissible.
The Task Force concluded the best way to try to manage the rental issue, at least
initially, would be through an educational process. We can use the Wavelength, the
City website and other resources to advise dock owners that renting dock space is
considered a commercial use, and would require a permit from the DNR and the City.
CONCLUSION
The Task Force concluded this is a very complex issue and there are no simple
solutions or answers. The City Council reviewed this draft policy at a workshop with the
Dock Task Force on January 22, 2008. The Council directed the draft be forwarded to
the Planning Commission and lake Advisory Committee for a recommendation.
PLANNING COMMISSION RECOMMENDATION:
We are seeking Planning Commission direction on at least the following:
1. Is the proposed setback, as measured from the lot line at the OHW, acceptable?
2. Are a 5' setback for docks and a 10' setback for lifts and rail systems
acceptable?
3. Is there anything missing?
ALTERNATIVES:
1. Recommend approval of the Draft Dock Policy as written or with any suggested
changes.
2. Recommend denial of the policy.
3. Continue this item, and provide the staff with direction on the issues that have been
discussed.
1:\07 files\07 subject\docks\2-11-08 pc report.doc
Page 2
DRAFT
January 18, 2008
POLICY GUIDING PERSONAL DOCKS IN THE CITY OF
PRIOR LAKE
This policy is intended to guide the size, location and use of single docks or
mooring areas located on individual riparian lots on Prior lake and on the portion
of Spring lake within the Prior lake city limits. Multiple docks, such as
homeowner's association docks, and commercial docks or marinas are regulated
under the City of Prior lake Zoning Ordinance and the Minnesota Department of
Natural Resources rules. Multiple and commercial docks require permits from
the City, the DNR, or both entities before they can be established.
RIPARIAN RIGHTS I GOOD NEIGHBOR
Under most circumstances, lakefront properties have a right to reasonable
access to the water, including placing modest docks and watercraft lifts in the
water to provide that access. These are referred to as riparian rights, using a
legal term for shoreline. Access can only be limited for important public reasons,
such as safety, navigability, etc. All riparian properties share the right to a
reasonable dock space. Access to the water may not be limited or impaired by
the placement of docks and lifts. This policy provides guidance to help neighbors
share the shoreline and maintain the right to a reasonable dock area.
DEFINITIONS
Dock: A narrow platform or structure, whether temporary or permanent,
extending toward the water from the shoreline, whether floating or not, including
all "ls," "Ts" or posts which may be a part thereof, whether affixed or adjacent to
the principal structure. A dock may provide access to moored watercraft or
seaplanes or to deeper water for swimming, fishing, or other water-oriented
recreational activities. (Minnesota Rules 6115.0170, subp. 7)
Single Dock: An authorized dock which abuts a single family residential site, for
the storage of six or fewer restricted watercraft. .
Multiple Dock: Any dock or mooring area constructed or maintained for the
storage of seven or more restricted watercraft, other than commercial docks.
Homeowner's association docks are included in this category.
Commercial Dock: A dock or dock structure used in conjunction with a
commercial or other revenue producing business enterprise including a private
club.
Marina. Either an inland or offshore commercial mooring facility for the
concentrated mooring of seven or more watercraft or seaplanes wherein
1:\07 files\07 subject\docks\drafCpolicy4.doc
o
uary 181 2008
commercial ancillary services common to marinas are provided. (Minnesota Rules
6115.0170, subp. 20)
Watercraft: Any vessel, boat, canoe, raft, barge, sailboard, or any similar device
used or useable for carrying and transporting persons on the lake.
Restricted Watercraft: 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.
Unrestricted Watercraft: 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.
Boat Lift: A structure or device, without walls that is designed to lift watercraft
above the level of the public water or ground elevation when not in use. This
definition also includes rail systems or track systems extending from the land bed to
the shore. A boat lift may be designed to include a watercraft canopy. (City Ordinance
1101.400)
Riparian Lot: A lot directly abutting a lake or waterway.
INSTALLATION GUIDELINES ApPLYING TO SINGLE DOCKS
The rule of straight line extension of property lines into the water will provide
good guidance in some situations, especially where the shoreline is relatively
straight and the lots are platted with regular boundaries. However, this method
fails to balance the lake access rights of all owners in situations of sharp
shoreline curves, inlets, coves, bays, channefs, or in situations of unusual
property plats. On Prior Lake, these unusual situations are very prevalent due to
the shape of the lake and the nature of the original platting of much lakeshore
property in the late-19th and early-20th centuries. In these situations, the method
of extending the property lines, perpendicular to shore, or to the center of the
lake or bay may provide better guidance. In this method, lot boundaries are
determined by estimating an extension of the lot boundary into the water
perpendicular to the shore from the point where the lot line reaches the shore.
In all cases, these rules only offer guidance. The absolute rule is that all riparian
lot owners have a right to access the water and a reasonable use of the
shoreline, including placing docks and watercraft lifts to gain that access. These
rights must be respected by all riparian lot owners when establishing access to
the water. This policy establishes limits and rules for size, setbacks, and use of
1:\07 files\07 subject\docks\draft_policy4.doc
2
o FT
January 18, 2008
dock structures that are in compliance with DNR rules, and respect the rights of
riparian property owners.
No dock, mooring or other structure, nor the watercraft using the structure, shall
be so located as to: (1) obstruct navigable waters, (2) obstruct reasonable use or
access to any other dock, mooring or other structure authorized under this
ordinance, (3) present a potential safety hazard, or (4) come within ten feet of
any other structure. No dock, mooring area or other structure shall be located or
designed so that it unreasonably or unnecessarily encroaches on other docks.
The following are DNR required limitations for the size of single docks. A
exceeding the following limitations requires a permit from the DNR.
· The structure, other than a watercraft lift or watercraft canopy, is not more
than 8 feet wide and is not combined with other similar structures so as to
create a larger structure.
8'
· The number of mooring slips on the dock is six or less.
The following are guidelines to be used for the placement of single docks:
· The dock should be no longer than needed to achieve its intended use: to
reach navigable water depth.
· The dock should be located at least 5' from any side property line, as
measured at the Ordinary High Water Elevation.
1:\07 files\07 subject\clocks\clrafCpolicy4,doc
3
BOAT LIFTS AND RAIL SYSTEMS
nuary 18; 2008
Boat lifts, rail systems and track systems installed after May 29, 2004 must be
setback at least 10 feet from a side lot line (City Zoning Ordinance 1102.800).
1:\07 files\07 subject\docks\draft_policy4,doc
4