Correspondence re LMCD variance application

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r Eric 8 Laurie Berg Public Hearing Memo, 11/9107, Page 4 A dock and boat storage at this site has existed since 1978 because the adjoining property owners had annually agreed to adjust the side setback requirement which is allowed by LMCD code. If a sitle setback variance is grantetl which allows a dock use area of wider than 10', it grants the applicants more rights than if the lot had parallei lot lines and was platted prior to February 2, 1970 and it takes away the neighbors ability to consent or not consent to the extra width that could be granted for the dock use area. RECOMMENDATION Staff recommends that the Board direct LMCD legal counsel to prepare Findings of Fact and Order to approve the dock length variance to 56' long and to deny the side setback request for a 12' tlock use area and approve a 10' dock use area as an alternative with the following conditions: • The dock must be constructed on the north side of the dock use area with a watercraft stored on the south side of the dock • the 10' witle dock use area must maintain a 5' setback to the north extentletl lot line tlocumented by monument markers installed by a surveyor and maintain an estimated 1' setback from the south extended lot line 56'from shore • the dock must be a straight with no"L" or"T" • ail dock structure, watercraft and lift must be maintained within the 10'dock use area • This variance shouid not prohibit expansion outside the 10' wide dock use area with consent from the adjacent property owners to the south.