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ANALYSIS <br />The majority of the dock will be constructed within Lot 2 and unimproved portions of Cherry <br />Avenue connecting to the applicant's lot. The dock will be 4* wide and 263* in length. Although the <br />applicant has referred to the dock as a permanent dock, it will not be constructed with pilings. The <br />plans reveal the posts placed every 8'. The plans do not indicate the clearance over the 929.4' <br />waterline. The plan shows the location of the dock to be at least 10' fro'.i adjacent property lines, <br />therefore, meeting required setbacks for accessory structures. <br />The dock should be fully reviewed by the Lake Minnetonka Conservation District to ensure <br />compliance with their standards for docks. A variance may be required for the amount of dock <br />located beyond the 929.4' waterline. <br />Staff has enclosed Section 6.05, Subdivisions 1, 2 and 3 of the Municipal Code. Greg Gappa, ' <br />Director of Public Services, will review the application as approximately 65' of the dock will be <br />located over an undeveloped street. The standard the Director will use will be if the proposed <br />structure presents an "urureasonable hazard to the public". If a permit is granted the applicant will <br />be required to file a Hold Harmless Agreement with the City holding the City not little for any <br />accidents that occur from the use or placement of the structure within the ri^t-of-way. One of <br />conditions that was required in 1990, and will be required again is that the property owner provide <br />updated liability insurance. <br />The property directly to the east has a similar structure that has been in place for many years. That <br />individual structure may need repair or replacement sometime in the future. Variances may be <br />required on these structures if they are repaired or altered. <br />This application requires the following variances: <br />1. Section 10.22, Subdivisions 1 and 2 and Section 10.56, Subdivision 16 (L) to permit ' <br />hardcover and within 75' of the OHWL of Lake Minnetonka; and a variance is required to place <br />structure in a wetland. <br />Issues for Discussion <br />1. <br />2. <br />That portion of Cherry Avenue that the proposed catwalk would cross is entirely within the <br />wetland area and lakeshore and is not used for roadway purposes. <br />The lot adjacent to the lakeshore has been legally combined. This was a requirement of the <br />approvals in 1990. <br />U2472 Sandra Lotion <br />540 Orono Orchard Road <br />VarUmct <br />4/l9m <br />Rage!