In response to persistent shallow water conditions, the Lake Minnetonka Conservation District (LMCD) Board voted on May 14, 2025, to preliminarily approve a variance request from the Locust Hills Homeowners Association. The decision allows two dock piers to be extended 30 feet beyond the typical 100-foot limit to reach navigable depths in Grays Bay. The final vote is expected at the May 28 board meeting.
Unique Site, Persistent Sandbar
As detailed in the LMCD staff packet (“05_14_2025 Board Meeting – Agenda”), Locust Hills HOA holds a conforming multiple dock license with 44 Boat Storage Units (BSUs) serving only residents. The site spans 4,705 feet of shoreline in the City of Wayzata and includes five dock piers clustered along the northeastern edge of Grays Bay. Piers 4 and 5, situated over a natural sandbar, currently sit in water too shallow for reliable boat access.
The association is seeking to extend these two piers from 100 feet to 130 feet lakeward—reaching approximately 3.9 feet of water at Pier 4 and 4.5 feet at Pier 5. The extension does not add new BSUs or change slip sizes. LMCD code permits variances in cases of “practical difficulty,” defined as physical conditions not created by the applicant. In this case, that condition is the sandbar and ongoing low water levels.
Historical Context and Sandbar Challenges
Technician Tom Tully explained that the docks were originally installed in 2006, after a dredging effort meant to deepen the area. However, wave action and sediment refill have gradually returned the sandbar to its current height. A 2006 memorandum restricts dock placement to the eastern bayfront, barring the HOA from using the inlet shoreline on the western portion of the property.
“This whole site is unique,” Tully told the board, “from the memorandum to the low boat density and how the docks are clustered. And this sandbar is one of only two major ones on Grays Bay.”
Public Comments and Board Input
Two residents addressed the board during the public hearing. Brett Nickerman, who installed the docks in 2006, confirmed the water depths have not improved since then. “These have been the same water depth since 2006,” he said, estimating the extension might gain nine inches—modest but meaningful for propeller clearance.
Tim Hayden, a Locust Hills resident and the applicant on behalf of the HOA, described the risk posed by shallow water. “When low water comes, we’ve all gotten to know the prop doctor very well,” Hayden said. He noted that several slips become unusable during dry years, and that boats have been pulled midseason in the past due to low water.
Board members generally responded with support:
- Director Ben Brandt (Mound) described firsthand difficulty navigating the docks and called the variance request “reasonable.”
- Director Ryan Nellis (Tonka Bay) asked why the request was limited to 130 feet and not extended further. Tully explained that five feet of depth is the maximum allowed by LMCD variance, and this proposal comes close to that threshold.
- Director Jim Paul (Spring Park) cited a note in the board packet where the HOA had previously stated water depth was sufficient, and expressed concern about the apparent change in position.
- Director Brian Malo (Greenwood) questioned whether continued sandbar buildup would prompt future extension requests, but ultimately supported the proposal as a fair resolution to a long-standing issue.
- Director Rich Anderson (Orono) added that during past drought years, “there was zero water there,” referring to 2023 conditions.
- Director Matthew Thompson (Wayzata) introduced the final motion to move forward with drafting approval documents.
Board Vote and Next Steps
Director Matthew Thompson made the motion to direct LMCD legal counsel and staff to prepare a Findings of Fact and Order to approve the variance request. Director Jim Crow (Excelsior) seconded. The motion passed with one abstention.
Staff clarified that an error in the written staff recommendation—duplicating item #5—would be corrected in the final version. The final vote on the variance is scheduled for the May 28, 2025 LMCD board meeting.
Wrap-Up: Implications Beyond Locust Hills
While the Locust Hills site is geographically and administratively unique, the board’s handling of this request could influence how future variance applications are evaluated—especially in areas where long-term sedimentation or natural lakebed changes challenge standard dock configurations.
Editor’s Note: Full documentation of this variance request can be found in the May 14, 2025 LMCD board packet. The board is expected to issue a final ruling at its May 28 meeting. If approved, the extended docks must include reflective markers, comply with all local and state regulations, and be built precisely to the approved site plan.
