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PRoPosEr) 1 M,,NDMEN'i <br /> Section 2.015. Reconfiguration of Non-Conforming Structures. <br /> Subd. 1. Purpose. The protection and preservation of Lake Minnetonka has required <br /> increasingly strict regulatory measures. While the board has determined that these measures are <br /> generally appropriate on a lake wide basis, it has recognized that requiring existing facilities to <br /> come into compliance with new requirements of the code can impose substantial hardships. <br /> Therefore, as regulation of docks and boat storage on the Lake has changed, the board, in some <br /> cases, has allowed lawfully in existence at the time of adoption of new ordinances to <br /> docks awfu y p <br /> continue. In conferring such non-conforming status, the board has imposed limitations on <br /> alterations or expansions of such facilities. However, the board has determined that these <br /> limitations may be unduly restrictive without significantly advancing the public interest. The <br /> purpose of this section is to alleviate the hardship created by prohibiting changes or alterations in <br /> non-conforming dock structures for enhancing safety or to meet market demands, without <br /> compromising the spirit or intent of this code of ordinances or conferring substantial rights on <br /> owners of non-conforming docks which are not available to owners of new or conforming dock <br /> structures. <br /> Subd. 2. Applicability. <br /> a)Applicability Generally. This section applies to all dock facilities which are not in <br /> compliance with the requirements of the LMCD Code of Ordinances applicable to new facilities, <br /> but which are lawfully in existence by reason of code provisions explicitly allowing such non- <br /> conformities to continue. <br /> b) Commercial Marinas and Yacht Clubs, Executive Director Discretion over Minor <br /> Adjustments and.Changes. Commercial marinas and yacht clubs are unique facilities on the <br /> Lake in that thyprovide public dock access,,use and benefits not dependent on residency or <br /> ownership of shoreline, and these benefits are utilized by Lake residents and the boating public, <br /> and contribute to the public health and safety of the I.,ake. 'Therefore to provide more flexibi[ily; <br /> reduce administration and,procedure costs for the LMCD,_commercial marinas and yacht clubs; <br /> and to meet changing_market demand and manufacturing parameters for_boats,_the Executive <br /> Director_is _given discretion to approve minor adjustments and changes to dock dimensions, <br /> locations and reconfigurations within the 200_Foot authorized dock area of,a commercial marina <br /> and yacht club without the requirement of apubl.ic hearing,_conditional-use permit,variance,_or <br /> Board approval, provided public safety_ is not an issuer set backs are honored and there is no <br /> increase in the number of boat,storagc units unless otherwise allowed by these ordinances_ <br /> c)Exceptions to Code Requirements. By following procedures set forth in this section, <br /> owners of dock facilities on Lake Minnetonka may apply to the Board for permission to alter the <br /> configuration of non-conforming dock facilities notwithstanding: <br /> i)the provisions of section 2.01, subd. 2(a) which prohibit alteration of docks <br /> extending more than 100 feet from the shoreline; <br /> 1 <br />