LMCD/application/variance/meeting minutes. etc

Home Browse Search

t 1 LAKE MINNETONKA CONSERVATION DISTRICT April 4, 2003 T0: Board of Directors � n FROM: Greg Nybeck, Executive Director � � � SUBJECT: Michael & Donna Wallace Variance Application BACKGROUND Michael and Donna Wallace, 3160 North Shore Drive, have submitted a variance application for Board consideration on Maxwell Bay in the City of Orono. The application has been submitted for variance from LMCD Code for dock length requirements, with a physical hardship of shallow water. Pursuant to LMCD Cotle, the attached public hearing notice was published in the 3/25/02 edition of the Lakeshore Weekly News. The applicant appears to have slightly greater than 100' of 929.4'shoreline at the site. The applicant has proposed that the dock use area for their site be adjusted to allow for a dock to reach 4'of water depth and to allow them to continue to share a dock with the abutting property owners to the west, the Blombergs, Last summer, the Board received variance applications for the four abutting property owners to the west. These property owners include: Mark Finney, 3210 North Shore Drive; Shirley Hendrickson and Rick Windenburg, 3200 North Shore Drive; Fred and Michelle Pacovsky, 3186 North Shore Drive; and Paul antl Beverly Blomberg, 3180 No►th Shore Drive. The following variances were granted by the Board for these properties last fall: • Finnev Propert� Dock Length • Hendrickson &Windenburq Property_Adjusted Dock Use Area, Dock Length, and Side Setbacks • Pacovskv Propertv-Adjusted Dock Use Area and Dock Length • Blomberq Prope�t�- Dock Length and Side Setbacks Further details of these variances are outlined in the attached 10/9/02 Variance Order and minutes from the 6/26/02, 8/28/02, 9/25/02, and 10/9/02 Regular Board Meetings. DISCUSSION To evaluate the proposed variance application, staff believes that three Code Sections apply to it. They include: 1. Code Section 2.01, subd. 1 that prohibits a person from using any area of the Lake outside an authorized dock use area for docking and storage of watercraft. An authorized dock use area is defines 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 sides are further defined by Cotle for dock length and minimum side setback requirements. The proposed site plan is not contained within the authorized dock use area for this site as defined by Code. Maximum dock length at this site,without a variance from Code, is 100'from the 929.4' shoreline. The applicant has proposed an adjusted dock use area that would extend between 130'and 150'from the 929.4' shoreline. The minimum setback requirement proposed by the applicant for the dock use area