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v " LEby fre4/1___ LAKE MINNETONKA CONSERVATION DISTRICT June 4, 2004 TO: Board of Directors FROM: Judd J. Harper, Administrative Technician SUBJECT: New Multiple Dock License—Rita Zebeck BACKGROUND Ms. Rita Zebeck has submitted a new multiple dock license application for Board consideration. The applicant is applying for seven Boat Storage Units (BSU's) off of approximately 466' of 929.4'shoreline on Forest Lake. With a BSU density of approximately 1:67', the Zebeck property would be a conforming multiple dock site. During the 2002 Lake Minnetonka Shoreline Inventory, LMCD staff observed more than four restricted watercraft being stored at a dock from the Zebeck residence. In March 2003, LMCD staff sent out a letter to the Zebecks summarizing Code Section 2.02 that defines the number of restricted watercraft that could be stored at this site and the need of a multiple dock license if the number is above four. Subsequently staff has been working with the applicant to assist them in submitting a multiple dock license application. The applicant is proposing a dock with seven BSU's detailed on the attached site plan and corresponding BSU size sheet. Pursuant to LMCD Code, the attached public hearing notice was published in the 5/25/04 edition of the Lakeshore Weekly News. DISCUSSION To evaluate the proposed application, staff believes three sections of the LMCD Code apply to it. They include: 1. Code Section 2.03, Subd. 1 states that no person may locate, construct, install or maintain a multiple dock or mooring area or a commercial dock or a launching ramp on the shoreline of the Lake, or in the waters of the Lake unless licensed by the Board to do so. 2. Code Section 1.02, Subd. 28, defines multiple dock or mooring area as any dock or mooring area constructed or maintained for the storage of five or more restricted watercraft. Because the proposed dock would be used to store five or more restricted watercraft, LMCD Code requires a multiple dock license. 3. 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. Staff has evaluated the proposed site plan and it complies with Code for the dock structure and storage of watercraft within the authorized dock use area. Staff has evaluated the proposed site plan to verify whether a mandatory Environmental Assessment Worksheet (EAW) would need to be prepared. Staff has determined a mandatory EAW does not need to be prepared for the proposed application because the Environmental Quality Board rules do not require a mandatory EAW until the cumulative expansion exceeds 20,000 square feet for structure and maneuvering space. In accordance with MN DNR General Permit 97-6098, the MN DNR and the City of Orono were provided copies of the new multiple dock license application on 5/26/04, with comments due by 6/7/04. To date, staff has not received