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• � ITEM lA LAKE MINNETONKA CONSERVATION DISTRICT October 20, 2006 T0: Board of Directors ' .� e FROM; Judd J. Harper, Administrative Technician ° -:� SUBJECT: Mark Prueter& Richard Anderson Permanent(Non-Multiple) Dock License & De-icing Applications BACKGROUND Mr. Mark Prueter and Richard Anderson have submitted Permanent(Non-Multiple) Dock License and De-icing License applications for a permanent common dock at 3215 and 3205 Crystal Bay Roatl on the south side of Crystal Bay in the City of Orono. The applicants have documented approximately 164'of 929.4' shoreline at the combined site. The applicants have proposetl an 83' long permanent dock with three slips to store four restrictetl watercraft for the two properties. Mark Prueter had explained to staff that a permanent dock with one slip and additional boatlifts or watercraft tied to the dock hatl been used by 3215 and 3205 Crystal Bay road for years as a common dock. The applicants are brother-in- laws. This dock originatetl from the Prueter property at 3215 Crystal Bay Roatl and he initially receivetl a de-icing permit in 1997. Although the de-icing permits since 1997 were issued to Mark Prueter at 3215 Crystal Bay Road, Richard Anderson at 3205 Crystal Bay Road was listed as an emergency contact on the applications. During the 2005- 2006 deicing inspection, it was observed that a new permanent tlock was instailed similar to the previous tlock with the addition of another three-sided slip. The applicant was informed that a new permanent dock license appiication was needed. The applicants have proposed one adtlitional three-sided slip for possible construction in the future. This is requestetl at this time so they do not have to go through the application process in the future. LMCD Code allows staff to issue all deicing and permanent dock licenses without Board review as long as they are meeting all code requirements. In 2005, The LMCD Board amendetl LMCD Code concerning De-icing which limited who qualified for de-icing permits, The Board allowed residential sites that were issued a de-icing permit for the winters of 2002/2003, 2003/2004 or 2004/2005. Staff is looking for Board interpretation for residential sites that were issued tle- icing permits in the qualifying winters but they have expanded the dock from what was installed during those years. DISCUSSION To evaluate the proposed applications, staff believes that five Code Sections apply to them, These inclutle: 1. Code Section 2.06 states that"No person may locate, construct, install or maintain a new permanent dock on the Lake without first securing a permit therefor from the Executive Director pursuant to this section, providetl that no such permit shall be required for docks regulated by Section 2.03", The Code allows the Executive Director to grant the permit if the information shows that the dock will be in compliance with the Code. The Code further states that a new permit is required whenever the size, type, location or configuration of the dock changes. However, there is a grantlfathered clause in the Code that allows permanent docks lawfully in existence on 5/5/82 to continue without a permit. Staff believes the original permanent dock with one three sided slip was in existence without a permanent dock license because it was in existence prior to 5/5182. The only documentation of the configuration of this dock is from the site plan submitted with de-icing applications beginning in 1997 and an aerial photograph from 2004. During the 2005-2006 de-icing inspection it was discovered that that the dock was expanded to include an additional three-sided slip thus requiring a new permanent dock license.