Correspondence re LMCD variance application

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, LAKE MINNETONKA CONSERVATION DISTRICT November 9, 2007 T0: Board of Directors . FROM: Judd J. Harper,Administrative Technician '� -- � SUBJECT: Eric& Laurie Berg Variance Application BACKGROUND Eric & Laurie Berg, 2965 Casco Point Rd, have submitted a dock length and sitle setback variance application. Their residence has approximately 20'of continuous 929.4'shoreline and is located on Spring Park Bay in the City of Orono. Pursuant to LMCD Code, the attachetl public hearing notice was published in the 8/7/07 edition of the Lakeshore Weekly News and a public hearing was held on 8122/07. This public hearing was continued to 10/10/07, then 11/14/07 to allow the applicants adequate time to consider amending their variance application, working closely with the abutting neighbors and LMCD staff. Some members of the LMCD Board provided the applicants with direction on what they felt wouid be reasonable under LMCD Code which is summarized in the enclosed August 22, 2007 LMCD Board meeting minutes. The applicants have submitted a revised proposed site plan that depicts: 1) a 56' long straight dock, which narrows from 3.5' wide to 1.5' wide 27.5'out from the ordinary high water shoreline, 2) this dock is proposed to maintain a setback from the north extended lot line of 6,7' at shore and 5' at the end of the dock out 56' from shore, and 3)a 10'X14' boat lift on the south side of the 1.5'dock(presumably to store a restrictetl watercraft), and 3) a 0' setback from the southern extended lot line when the lift is installed 27.5' from the shoreline. Further details of the applicants request are outlinetl in the attached letter, dated 11/7107. DISCUSSION To evaluate the proposed variance application, I believe that three LMCD Code Sections apply to it. These include: 1. Code Section 2.01, subd. 1 prohibits a person from using any area of the Lake outside an authorizetl DUA for docking and storage of watercraft. An authorized DUA is defined as"that area of the Lake which may be used for tlocks, moorings, boat storage, swimming floats, ski jump storage or diving towers, or which may be enclosed on three sitles for any of these purposes". These three sides are further defined by Code for maximum dock length and side setback requirements. LMCD Code requires setbacks from extendetl side site lines as follows: 1) the first 50' of the length of the DUA requires a 10' setback, 2) the next 50' in length of the DUA requires a 15' setback, 3) canopies require a 20' setback, and 4) side opening slips require a setback of the depth of the slip, with a minimum of 20'. For dock length, a DUA may extend the same distance into the Lake that there is 929.4' lakeshore frontage at the site, with a maximum distance of 100'. There are grandfathered provisions for setbacks (five feet) and dock length (four feet of water depth or 60', whichever is less)for DUAs that are 40' in witlth or less and were in existence in February of 1970. The applicants proposed plan is not contained within the DUA for this site for both length and side setbacks. To address this, the applicants have submitted a variance application from LMCD Code.