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! <br /> � <br /> LAKE MINNETONKA CONSERVATION DISTRICT <br /> RE: APPLICATION OF MICHAEL AND DONNA WALLACE <br /> FINDINGS <br /> A public hearing was held on the application for dock length variance for Michael and <br /> Donna Wallace at 7:00 p.m. on April 9, 2003, at the Tonka Bay City Hall in the City of Tonka Bay, <br /> Minnesota. <br /> The subject property has approximately 100 feet of shoreline at elevation 929.4 NGVD. It <br /> is located on Maxwell Bay in the City of Orono at 3160 North Shore Drive. The hardship asserted <br /> by the applicant is shallow water. Information provided by the applicant indicates that at 130 feet <br /> from the shoreline water depth is 38.5 inches and at 150 feet from the shoreline depth is 47.5 inches. <br /> The Board finds the shallow water to be a hardship within the meaning of LMCD Code, <br /> Section l.07. The owners of the subject properiy have, for a nurnber of yeazs, operated a common <br /> dock with owners of property at 3180 North Shore Drive, owned by Paul and Beverly Blomberg <br /> (the`Blomberg Property"). By order dated October 9, 2002, the Board granted a variance for the <br /> Blomberg Property to 130 feet from the shoreline. The Board finds that granting a variance beyond <br /> 130 feet is not in the public interest given the fact that the adjacent property has a variance to 130 <br /> feet, and extending the dock beyond that length would have an adverse visual impact for adjacent <br /> and nearby properties. <br /> The applicants have indicated that they may wish to construct a single dock at the subject <br /> property or may wish to construct a common dock with the owners of the Blomberg Property. The <br /> Board finds that the variances hereinafter grante� are consistent with the spirit and intent of the <br /> LMCD Code of Ordinances. <br /> ORDER <br /> On the basis of the foregoing, IT IS ORDERED that the LMCD Boazd of Directors grants a <br /> variance to a length of 130 feet from the.shoreline at elevation 929.4 NGVD, to be constructed <br /> either as a single dock structure within the dock use area of the subject properiy or as a combined <br /> dock with the ovmers of the Blomberg Property in accordance with the following conditions: <br /> A. If the dock structure located at the subject property is constructed as a single dock, the <br /> dock shall meet all side setbacks specified in the LMCD Code and all docks and <br /> watercraft storage sha11 be located within 130 feet from shore and side setbacks <br /> established by LMCD Code. <br /> cu,z3os��� <br /> ix>>o-a <br />