Correspondence re LMCD variance application

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. �. LAKE MINNETONKA CONSERVATION DISTRICT RECEIVED It�: APPLICATION OP ERIC AND LAURIE BERG ,Jp�� 3 � 2008 FINDINGS CITY OF ORONO On August 22, 2007, at 7:00 p.m., pursuant to due notice, a public l�earing was held by the Lalce Minnetorilca Conservation District ("LMCD") Board of Directors ai the Wayzata City Hall in the City of Wayzata, Mirulesota. The hearing was continued to October 10, 2007, and then to November 14, 2007. The hearing was held to consider the application by Eric and Laurie Berg ("Applicants") for dock length and side setback variances for properiy located at 2965 Casco Pouit Road on Spring Park Bay in the City of Orono. The property has approximately 20 feei of continuous shoreline at elevation 929.4 NGVD a�ld has slightly converging lot lines. The site was created by subdivision on January 23, 1978,at the request of the Ciiy of Orono. Therefore, the site does not qualify for the five-foot setback lin-utations for dock use areas in existence on February 2, 1970. The site has four feet of water depth at a point approximately 56 feet from the shoreline when the Lake is at elevation 929.4 NGVD. Because of shallow water, converging lot lines, and the sma11 size of the dock use area, the Board finds that a hardship exists in this case witlun flie meaning of LMCD Code, Section 1.07. Compliaiice with the requirements of the Code applicable to this site would not allow storage of any watercraft on the Lake. The Applicants have requested an amended plan that would require a variance for length of dock to 56 feet, setbacks from fl1e nortli extended lot line of 6.7 feet at the shore and five feet at the end of the dock, 56 feet from shore, and a 0-foot setback from the extended southern lot line. Applicants proposed to maintain a 10 x 14 foot boat lift on the south side of the dock, wifli flie boat lift installed 27.5 feet from the shorelule. The Board finds that the requested 0-foot setback froin the south lot line is not reasonable. Under LMCD Code, Section 2.01, Subdivision 2b, if this site had been in existence on February 2, 1970, it would be entitled to side setbacks of five feet. Other sites around the Lake t�lat have qualified for this side setback appear to be able to maintain a dock and watercraft in a safe maiuier that does not interfere with adjacent dock use areas and complies with the requirements of the Code. The dock that has been maintained at this properly for some time has been maintained with the consent of neighbors,and if such consent is secured in tlie future,the Applica�its may,of course, occupy a greater area of the Lake in accordance with the requirements of the LMCD Code. 325478v1 CLL LK]]0-4 1