08-23-1993 Council Packet - Laserfiche WebLink

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L RAFT LAKK MINNKTONKA CONSERVATION DISTRICT Act ion Report:Water Structures Committee Meeting;7:30 AM., Saturday, August 14. 1993 Norwest Dank Building, Wayrata, Room 135 Members Present: Douglas Babcock. Chair, Spring Park: Bert Foster, Deephaven: David Cochran, Greenwood: Thomas Reese, Mound: Duane Markus. Wayzata (as noted). Also Present: Rachel Thi- bault, Administrative Technician 1. Michael Revier, 2691 Ethel Avenue. Orono, Carmans Bay Babcock reviewed the Public Hearing report and Findings of Fact from 7/28/93 to consider the application of Michael Revier for a dock use area variance. The committee received a packet of information from staff including material made available at the public hearing. A letter dated 8/12/93 from David and LuAnn Runkle. 2684 Casco Point Road, objecting to the variance was submitted. The Runkle letter included attachments, with letters from attorneys Clinton McLagan and David Sellergren supporting the Runkle objection. The Runkles’ objection is based on the contention that the proposed Revier dock will encroach on their property rights. They state Revier has the right to share an e.xisting dock with the neighbor the south, C. Gordon Amundson. 2697 Ethel Avenue, that Revier purchased his lot knowing of the limited situation and at the Orono Planning Commission meeting, stated he did not intend to build a dock. Also submitted was a letter dated 8/13/93 from LeFevere, LMCD Counsel, commenting on the Revier variance docking Revier Charles app1i- cation. LeFevere concluded be unreasonable. However, appropriate to consider any ed with the Revier parcel quested should be granted. that granting the variance would not according to LeFevere. it would be access to the iake which is associat- in deciding whether the variance re- LeFevere advised against the LMCD becoming involved in determining the property rights of Revier and the Runkles. Those rights should be determined by a court of 1 aw. An additional letter with attachments furnished by Runkle, dated S/13/93, was received by the committee at this meeting. Babcock said the submittals will take some time to review. Bab cock also noted LeFevere’s request for more time to complete his review. Revier responded to a question from Cochran, stating the house on his lot will be completed in October. Cochran suggested the committee could delay action for more study. Babcock said he wo uld like some discussion at this time because all parties concerned were present. The discussion resulted in the following additional informa- t i on : .1, * Revier estimates his shoreline at 28’. He agreed to hav'e a survey to determine more precisely the shoreline frontage at 929.4" OHWL. Babcock told Revier the committee wiI 1^ consider a dock length to reach 4’ of water depth from the 929.4’ level.