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Lake Minnetonka Conservation District Regular Board Meeting June 9, 2004 Page 5 VOTE ON: Motion carried unanimously. ORIGINAL MOTION • Bayview Homeowners Association (HOA), new multiple dock license application submitted on 9/22/76 to back license 10 Boat Storage Units (BSU's) on a 100' wide outlot on Smithtown Bay. Skramstad opened the public hearing at 7:50 p.m. and asked for background from Nybeck Nybeck made the following comments: • In September 1976, Nicholas Palaia submitted an application for multiple dock and/or mooring license for Bayview Properties to dock 10 boats at the 100' wide outlot in the Bayview Homes Development on Smithtown Bay. The LMCD scheduled a public hearing for the 12/1/76 Regular Board Meeting; however, it was postponed at the request of the Village and no formal action was ever taken by the Board on the application submitted. • During the 2002 Lake Minnetonka Shoreline Inventory, staff observed more than four restricted watercraft being stored at a dock(s) from the 100' wide outlot in question. In March 2003, staff sent Bayview HOA a letter that summarized Code Section 2.02 and the number of restricted watercraft that could be stored at this site. A letter was received from Bayview HOA in April 2003 stating that the dock was grandfathered and that the issue had been resolved by the LMCD in the spring of 1995. LMCD records are not consistent with these statements made by Bayview HOA and an offer was made to meet with representatives on-site to review LMCD Code, to answer questions that they had, and to provide them options. • He stated that he met with representatives of Bayview HOA on 5/13/03. Two options provided included: 1) submittal and approval by the Board of a legal, non-conforming multiple dock license application, and 2) submittal and approval of a legal, non-conforming non multiple dock license application. It was communicated that they would need to demonstrate to the Board's satisfaction the number of restricted watercraft that were stored at the site prior to 5/3/78. He stated that it was his expectation that Bayview HOA would either submit an application for either one of these options or they would be adjusting boat storage to comply with the 1:50' General Rule. Neither occurred and six restricted watercraft were observed at this site on 6/19/03. A letter was sent out in September 2003 that continued non-compliance would not be tolerated in 2004 and beyond and that corrective steps would be taken to resolve the matter, including turning the matter over to the LMCD prosecuting attorney. • In a letter submitted by John Thomas on 3/8/04, he references the multiple dock and/or mooring license application submitted in 1976 for the outlot in question. Mr. Thomas has requested that the LMCD Board equitably resolve this situation through the discretionary use of its back license authority. After consulting with LMCD counsel Charlie LeFevere on this request, Nybeck stated that he deemed the 1976 application incomplete because a number of items on the application have changed in the past 28 years. Although Mr. Thomas did not submit a new application, he submitted a letter that provided the details that were being sought in a current application. The application was deemed complete on 4/26/04. • Code Section 2.01 prohibits the placement of docks and storage of watercraft outside an authorized dock use area. The dock length proposed in the 1976 site plan, approximately 85', would comply with