2004 - Lk Mtka Cons. Dis. Public Hearing

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LAKE MINNETONKA CONSERVATION DISTRICT April 8, 2004 TO: Board of Directors , / FROM: Judd J. Harper, Administrative Technician SUBJECT: Kenneth Peterson Variance Application BACKGROUND Mr. Kenneth Peterson, 1074 Wildhurst Trail, has submitted a variance application for Board consideration on Forest Lake in the City of Orono. The application has been submitted for variance from Lake Minnetonka Conservation District (LMCD) Code for dock length requirements. Pursuant to LMCD Code, the attached public hearing notice was published in the 3/30/04 edition of the Lakeshore Weekly News. Because of shallow water, the applicant has submitted a variance application for a dock that would extend approximately 122'from the 929.4' shoreline to reach a water depth of four feet, measured from 929.4' NGVD, at the outer end of the dock. The proposed dock would originate from approximately 180'of continuous 929.4'shoreline. The applicant has proposed storage of four restricted watercraft on the dock. This includes a 10'X 28' Boat Storage Unit (BSU) for a boat on a lift, an 8' X 19' BSU for a runabout and two BSU's for two personal watercraft. Last summer, the Board received a variance application from the abutting property owner to the south, Lisa Ryskamp. During the review of this application it was recognized that the Peterson dock was not in compliance with LMCD dock length restrictions that prompted this application. On June 25, 2003, the LMCD Board granted a dock length variance for the Ryskamp dock with shallow water established as a physical hardship. The Board approved a 119' long dock originating from 103' of 929.4'shoreline with the ability to store four restricted watercraft as long as they were owned and registered to residents of the site. Further details are outlined in the attached 6/25/03 Variance Order. DISCUSSION To evaluate the proposed variance application, staff believes that two Code Sections apply to it. They include: 1. Code Section 2.01, subd. 1 that 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 or diving towers, or which may be enclosed on three sides for any of these purposes". These three sides are further defined by Code for dock length and minimum side setback requirements. The proposed dock does not comply with LMCD Code for maximum dock length restrictions. Maximum dock length at this site,without a variance from Code, is 100' from the 929.4'shoreline. The applicant has proposed a dock that would extend approximately 122' from the 929.4'shoreline. Because the proposed dock would extend beyond 100'from the 929.4' shoreline, it would need to maintain a minimum of 20' side setbacks from both extended side site lines. It appears the proposed dock and boat storage would meet this requirement. 2. Code Section 1.07 states that"Where practical difficulties or particular hardships occur or where necessary to provide access to the handicapped, the Board may permit a variance from Code or may require a variance from what is otherwise permitted by this Code, provided that such variance with whatever conditions are deemed