Correspondence re LMCD variance application

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, , Lake Minnetonka Conservation District Regular Board Meeting August 22, 2007 Page 7 object to the granting of further variances from LMCD to adjusting the side site line(s) in order to make a 20' wide area, from which the tlock use area would be established. However, the Roseboom's have requested that the dock be place along the north side of the dock use area established by the variance from LMCD Code, with the boat to be stored on the south side of the dock. The primary purpose for this was to provitle some distance between a deck at the Roseboom property and the dock at the Berg property. • The Mitlthun's have indicated that they had no opinion at this time with regards to adjusting the extended side site line. They like the concept of a full five foot side setback and they were in attendance to provide atlditional comments. • To continue the discussions with the abutting neighbors on a revised site plan, his clients have requestetl that their variance application be tabled or continuetl. • He provided the Board some historical background on the use of this property. In 1978, there was discussion at the Orono Planning Commission to subdivide this site. An application was submitted that createtl 2965 Casco Point Road, which was currently owned by the Berg's, and preserved the shoreline improvement of the deck that the Roseboom's still enjoy at 2967 Casco Point Road. He believed that the site at 2965 Casco Point Road was configured as narrowly as it was because of this deck, with a variance granted by the City of Orono. A large amount of documentation from the City of Orono was submitted in conjunction with the variance application that the subtlivision of the property in 1978 would not deprive his clients property of a dock use area. • This site was created in 1978 with the idea that the dock use area would be preserved by mutual consent arrangements from both of the abutting neighbors. Thus, he believed that this site was comparable to a grandfatheretl lot that has consensus to either waive or reduced side setback requirements. • He believed that the hardship for this site was that tlock had existetl at this site for around five tlecades. Enforcement of LMCD Code by staff a couple of years ago has made the dock go away. • He entertained questions and comments from the Boartl, Seuntjens statetl that a claim had been made that the property owner at 2967 Casco Point Road historically agreed to a zero foot side setback. He questioned whether the owner of this site had changed since 1978. Johnson stated that the owner of 2967 Casco Point Roatl had changed since 1978. However, the current property owner at 2967 Casco Point Road at one time owned both properties. Babcock stated that LMCD Code does not allow for zero foot side setbacks. However, LMCD Code allows for combined dock use areas, with side setbacks required on the outer edges of the combined dock use area. Johnson stated that he understood that. However, the previous testimony was raised to describe the process in 1978 to waive sitle setback requirements. Babcock asked Johnson to comment on the variance granted by Orono on the dock use area, Johnson stated that the City of Orono in 1978 granted reference to structures and a dock.