LMCD - variance application/findings

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� . �. LAKE MINNETONKA CONSERVATION DISTRICT June 7, 2007 T0: Board of Directors , FROM: Greg Nybeck, Executive Director �'' SUBJECT: Jeff and Jill Pugh Variance Application BACKGROUND Jeff antl ,fill Pugh, 3585 Frederick Street, have submittetl a dc�ck ►ength, side setback, and adjusted dock use area(DUA) variance application. Their residence has aF�proximately 21'of continuous 929.4'shoreline and is located on the north end of Carmans Bay in the City oi�Orono. Pursuant to LMCD Code, the attached public hearing notice was published in the 6/5/07 eclition of the Lakeshore Weekly News. The appiicants have proposed a 90' long adjusted DUA. Within the proposed DUA, the applicants propose: 1) a 90' fong straight dock, which would be four feet wide, al�mg the westerly extended side site line(zero foot setback), 2) the storage of two restricted watercraft on tlie east side of the dock (a boat and personal watercraft), and 3) a five foot setback from the adjustetl easi:erly extended side site line. The proposed hardships include shallow water and converging lot lines. Further de#ails of the applicants request are outlined in the attached letter, dated 5/31/07. DISCUSSION To evaluate the proposetl variance application, I believe th�it three LMCD Code Sections apply to it. These include: 1. Code Section 2.01, subd. 1 prohibits a person frorri using any area of the Lake outside an authorized DUA for docking and storage of watercraft. An authorized DUA is definetl as"that area of the Lake which may be used for docks, moorings, boat storage, swimming floats, ski jump storage or diving towers, or which may be enclosed on three sides for any of these purposes". These three sitles are further definetl by Code for maximum tlock 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' setbac'�, 2) the next 50' in length of the DUA requires a 15' setback, 3)canopies require a 20' setback, antl 4) sitle opening slips require a setback of the depth of the slip, with a minimum of 20'. For tlocN; length, a DUA may extentl the same distance into the Lake that there is 929.4' lakeshore fronta��e 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 width 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. 2. Cotle Section 1.07 states that"Where practical ciifficulties or particular hardships occur or where necessary to provide access to the handicappeci, the Board may permit a variance from Code or may require a variance from what is otherwise F�ermitted by the Code, provided that such variance with whatever conditions are deemed necessary by the Boartl, does not adversely affect the