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TO:Chair Smith and Orono Planning Commission Members <br />Ron Moorse, City Administrator <br />FROM: Paul Weinberger, Assistant Zoning Administrator <br />DATE: <br />SUBJECT: <br />April 13,1999 <br />#24‘3^ Matthew B. Herman <br />3825 Cherry Avenue <br />Variance <br />X <br />Zoning District: LR-1C <br />Lot Area:31,767 <br />One Feimily Lakeshore Residential District (1/2 Acre) <br />square feet (.73 acre)_______________________ <br />Application: The applicant has requested a variance to permit the construction of a 263’ by <br />4' catwalk across an undeveloped City right-of-way (Cherry Avenue) and across a wetland to gain <br />access to North Arm of Lake Minnetonka. A variance is required because we do not allow structures <br />to be placed within a wetland. <br />In 1990 the City Council granted a similar approval for a previous property owner, but the structure <br />was never built. The applicant will be required to obtain necessary permits for the work proposed. <br />The DNR has stated a new "work in bed of public water permit" is required as they do expire after <br />five years. A variance from the Lake Minnetonka Conservation District may also be required. <br />Pertinent Ordinances: <br />Section 10.03, Subdivision 6 (3) (B) The 1990 approval granted a variance to permit a dock to be <br />located on a lot without a principal structure. At that time lakeshore access lots had recently been <br />purchased and not legally combined. Later all five lots were combined. A variance to this section <br />of the code is not required for approval. <br />Section 10.22, Subdivisions 1 and 2 The 263’ length dock will encroach the wetlands area located <br />above the 929.4' elevation and is located within 75’ of the defined lakeshore at the 929.4’ elevation. <br />The total dock consists of 1,052 s.f. of hardcover, much of which is located at or below the 929.4’ <br />elevation. The Lake Minnetonka Conservation District may require additional approvals and/or a <br />variance to permit such a structure. <br />The total hardcover in the 250-500 ’ lakeshore setback would be 3,000 s.f. 1 he property is allowed <br />6,954.9 s.f. or 30% of the total area. <br />U2472 Sandra Larson <br />540 Orcno Orchard Road <br />Variance <br />4/19/99 <br />Page I