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LAKE MINNETONKA CONSERVATION DISTRICT April 3, 2002 T0: Board of Directors FROM: Judd J. Harper,Administrative Technician SUBJECT: Robert Stiema Variance Application BACKGROUND riouer`��u�;r�a, �;?;,0 S'.��re{inc �r��e, �ias sGbm;;�au a��arance ap�licat��n�;;r Boa�d considera:ion on Smiths Bay in the City of Orono. The application has been submitted for variance from LMCD Code for dock length restrictions. A physical hardship of shallow water is identified in the proposed application. Because of shallow water,the applicant has submitted a variance application for a dock that would extend approximately 153'from the 929.4' NGVD shoreline to reach a water depth of four feet. The proposed dock would originate from approximately 125'of continuous shoreline at the 929.4' NGVD shoreline. The applicant has requested the storage of 3 watercraft on the proposed site plan.This includes a 14.5'X 36.5' Boat Storage Unit(BSU)for a sailboat,an 8'X 22' BSU for a runabout and a 6'X 14' BSU for a Dinghy. DISCUSSION To evaluate the proposed application,staff believes finro sections of LMCD Code apply to it. These sections include: • Code Section 2.01,subd. 1 prohibits a person from using any area of the Lake outside an authorized dock use area for docking and storage of watercraft. An authorized dock use area is defined as"that area of the Lake which may be used for docks, moorings, boat storage,swimming floats, ski jump storage,diving towers,or which may be enclosed on three sides for any of these purposes". These three sides are further defined by dock length and side setback limitations.The proposed dock does not comply with LMCD Code for dock length restrictions.An application for variance from LMCD code is required for the proposed site plan because the dock would extend beyond 100'from the 929.4' NGVD shoreline.The dock would need to maintain a minimum of 20'side setbacks from the e�ended side site lines. Review of the proposed site plan indicates that the dock would comply with the 20'side setback requirement. � Section 1.07, subd. 1 allows the Board to consider applications for variance from Code, including dock length requirements, provided the application of the Code causes a practical difficulty or physical hardship. The Code further states that the Board may permit a variance from its requirements,with conditions deemed necessary,provided that such variance does not adversely affect the purposes of this ordinance,the public health,safety,and welfare,and reasonable access to or use of the Lake by the public or riparian owners. Subd. 3 explains that the length limitations prescribed by this ordinance may be adjusted to allow the construction and maintenance of a dock in the Lake to a water depth of four feet, measured from 929.4' NGVD,at the outer end of such dock to provide adequate water depth for navigation.The water depths submitted by the applicant at the outer end of the proposed dock are 4', measured from 929.4' NGVD. Staff has reviewed the proposed site plan and believes that a physical hardship exists and that the proposed dock does not impede reasonable access to the adjacent docks or properties. • In accordance with MN DNR General Permit 97-6098,the MN DNR and the City of Orono were provided copies of the variance application on 3/27/02,with comments due by 4/8/02.To date,staff has not received feedback from the MN DNR or the City of Orono. RECOMMENDATION Staff believes the proposed dock length variance application has justified a sufficient physical hardship of shallow water. Staff believes the Board can direct attomey to prepare Findings of Fact and Order for approval of a dock length variance for Robert Stiema. The Board might want to consider restricting the size and number of watercraft stored at the proposed dock.