07-28-2003 Council Packet - Laserfiche WebLink

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June 5,2003 LAKE MINNETONKA CONSERVATION DISTRICT TO; FROM; SUBJECT; Board of Directors Greg Nybeck, Executive Director (yJ^ Lisa Ryskamp Permanent (Non-Multiple) Dock License & Variance Applications BACKGROUND Ms. Lisa Ryskamp, 1080 Wildhurst Trail, has submitted Permanent (Non-Multiple) Dock License and Variance applications to construct a 119' long permanent dock for the storage of two watercraft on Forest Lake in the City of Orono. The proposed variance application has been submitted for variance from Lake Minnetonka Conservation District (LMCD) Code for dock length requirements, with a physical hardship of shallow water. Pursuant to LMCD Code, the attached public hearing notice was published in the 5/27/03 edition of the Lakeshore Weekly News. A few months ago, Ms. Ryskamp contacted me indicating that she and her husband had recently constructed a new home and that they would like to reconstmct the existing permanent dock at the site that has been there for several years back to around 1970. I met with Ms. Ryskamp on site and determined that the existing permanent dock did not have a license on file with the LMCD and that it would need a variance from LMCD Code for dock length. Thus, Ms. Ryskamp has submitted the proposed applications for consideration by the Board. DISCUSSION To evaluate the proposed applications, staff beiieves that three Code sections apply to them. They include: 1.Code Section 2.06 states that "No person may locate, construct, install or maintain a new permanent dock on the Lake without first securing a permit therefor from the Executive Director pursuant to this section, provided that no such permit shall be required for docks regulated by Section 2.03*. The Code allows the Executive Director to grant the permit if the information shows that the dock will be in compliance with the Code. The Code further states that a new permit is required whenever the size, type, location or configuration of the dock is changes. However, there is a grandfathered clause in the Code that allows permanent dock lawfully in existence on 5/5/82 to continue without a permit. Both the existing and proposed permanent docks are not contained within the authorized dock use area for this site. Further discussion of the existing and proposed permanent docks is detailed below. 2. 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 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 maximum dock length and side setback requirements. As noted above, both the existing and proposed permanent docks are not contained within the authorized dock use area for this site. Because the site has approximately 103 ’ of continuous 929.4’ shoreline, the maximum dock length allowed by Code is 100*. Both the existing and proposed permanent docks extend beyond 100' from the 929.4' shoreline (slightly over 100' for the existing and approximately 119’ for the proposed). Additionally, the minimum side setbacks for both dock and