05-28-1991 Council Packet - Laserfiche WebLink

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r,M(!D Hoard of Directors April 24. 1991 P.? ( ■^1 ■j- 2. Bowers Variance to Establish s Dock Use Area during Low Water. The Board received a recommendation from the committee that Bowers is entitled to a dock to navigable water and that the proposed Dock Use Area Site Plan I be adopted for low water years with stipulations. , Martinson moved, Foster seconded, to approve the reoommandation that Jeanne Bowers, 21600 Fairview Street, Greenwood, is entitled to a dock to navigable water. Motion carried, Rascop voting nay. Grathwol moved, Pillsbury seconded, to approve the committee recommendation that the Bowers temporary low water variance be granted as shown on Site Plan I, along with the stipulations set forth on the document entitled "Bowers Variance Stipulations dated 4/10/91 and made a part of the file. LeFevere is to prepare the Order for Board action. DISCUSSION; Arlo Vande Vegte, Attorney, representing D<iwers neighbors, submitted a letter dated 4/23/91 which sets forth four of the neighbors’ positions. He noted the LMCD policy to encourage people to share docks during the low water period. He also mentioned the LMCD ordinance which prohibits dock encroachment on neighboring properties. In Vande Vegte's opinion the LMCD has the authority to order Bowers and Schrock to share dockage. VOTE: Motion carried, Rascop voting nay. Following the vote there was discussion with the neighbors regarding the implementation of the Order. They were advised to proceed with their dock installation according to Site Plan I. C. G. Schrock, 21630 Fairview Street, re-stated his position that he is not desirous of sharing a dock. Stephen Chase, 21650 Fairview Street, stated he believes his dock has been installed to meet Site Plan 1 requirements. Tim McCarthy. 21560 Fairview Street, cited a recent news article published regarding temporary low water dock extension guide lines which encourage dock sharing. McCarthy concluded that LMCD could order two parties to so share a dock. Grathwol stated that, if necessary, there are mediation services available to work out any unforeseen problems. 3. Hayzata Yacht Club Multiple Dock and District Mooring Area Renewal Applications Grathwol moved. Babcock seconded, to approve the Wayzata Yacht Club multiple dock Site 1 and 2, and District Mooring Area renewal applications and the temporary low water variance applications per the site plan detail received 12/3/90. DISCUSSION; In a letter dated 4/19/91 from Wayzata Mayor Gisvold, GisVold indicated the City believes that the health, safety and welfare of the public is jeopardized by the issuance of the Wayzata Yacht Club dock license without a properly t-i