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, � < ; R i''�'�� .. �,3'Itl 4T� " �� . �� LpKE MINNETONKA CONSERVATION DISTRLCT IN RE APPLICATiaN OF MATTt�W B. HERMANN FDVDIIVGS On August 11, 1999 ai 7:OU p.m., pursuant to due notice, a public Ixaring was hetd by the Lake Minnew�lca Cons�rvatio�Districc ("LMCD") Board of Diredors at tfit Tonka $ay City Haii in the City of Tonka 8iy, MinnesoU, to canaider the �pplication for a vari�nce by Matthew B. Hermutn. The applicant's propetty ia locsted on Nortt► Arm st 3825 Chany Avenus in the City of Orono. The applicant sought vsrianc+es far dock lengtli, setback, and dock ust area sdjusiment to constreact a�ek approximately 281 fett long to be used W Satin acvea� to n�vig,able watter over anoth�r�cat 3�-rsed by t!�applicant. The dack swctw�e wou�d originate from an undevelop� part of Cherry Aver►ua adjacert W tht appticant's residence, tnvase Cherry Avenue und�r the ordinary high water msrk, psss over the urtderwstcr part of L,ot 2, Bloc�c 3, Grystal Bay View ta the dry sectic�r. of said lot, which is also owned by the �pficant. From I.at 2, Btock 3, Crysta�i Hsy View, the applicant will be sb)c to gain scctss to navigable water ort the nonh um of Lake Mirinctunka. The propprty on which the appiicsnt's residtnce is Ioc,�ted is ripuian to Lalce Minnetonka. Howtver, due to shallow w�ter, emerger�t vegetatioTM �u�d urrusual dc�cic ux uea configuration, it is �ot possible to g�+in acceas to navigablc watcr fram that p�opeity within the suthoriz� dock use uea. In this caae, the swcwre for whicl� a varianct is requ�sted woutd not be used to rcuh navigable watet diredly, but ntiher wcwJd be used to re�ch �nocl� puce! of dry land, ownod by che apPlicsnt, fresm which navigable water could more radily be reachcd. This route to navigabte w�ter woutd have less �dverse impact on the lalca and the environment than acce�s to ntvigable wster which did not cross applicant's d*Y land Pucel- Th�f°re, the Board regards this apPlicatioa not as a rcquest for veriance� to construct a dock from one psrccl to another over a wetland, but sather for vuianca to allow coa�truction of a dock to rach navigable watcr which incidentslty croues ocher dry lsnd ows►ed by sppticant. 'Th�e Board finds that there is a hudship within the meaning of LMCD Codc Soction 1.OT wl�ich justifies the grinti�g of tht varianct dcscribed below. ORDER th► the basis of the foregoing IT IS ORDERED: Th:u dock leogth, doek use area, and setback var+anccs ai'e $rantexi to a�law constrvction af a dock as shown in the dock plan �tlechod �o as Attachmen! Oc►e and mad� a part of tfiis Ordu, subjvct to the fo!lowing conditions- l. The dock sha�t b� construct� and maiatained in strici cotatformanct to the doek plan shown on Attachment One. �Il,�l6ilit 1 . ......,,