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. . � Michael 8� Donna Wallace Public Hearing Memo, 414/03, Page 3 Minnetonka and authorized temporary dock extensions beyond the dock use area. In 1991,the Board adopted Resolution 73 that allowed temporary dock extensions without a permit application. In Resolution 73, it encouraged residents of two or more adjoining sites to combine their authorized dock use areas for a single common dock, for their respective non-commercial private use, subject to no more than four restricted being stored at such a dock without a multiple dock license. Code Section 1.02, subd. 2 defines a multiple dock or mooring area as "any dock or mooring area constructed or maintained for the storage of five or more restricted watercraft, other than commercial docks". In previous discussions with the applicant and on-site observations for the variances granted to the west, more than four restricted watercraft have been parked at the common dock for the Wallace and Blomberg properties. Staff has communicated to the applicant and Blombergs that the single common dock is allowed by Code. However, the storage of four or more restricted watercraft at this dock needs to be in compliance with Code Section 2.02 and it requires a multiple dock license in order to do so. The applicant has requested the Board to evaluate the possibility of amending this Code provision that requires this. In compliance with MN DNR General Permit 97-6098, the MN DNR and the City of Orono were provitled a copy of the proposed variance application on 3/27/03, with comments due in the District office by 4/7/03. The City of Orono has commented that Orono Code will not require a Joint Use Dock License because"Joint Use"is defined as more than two adjacent riparian owners sharing in the use of a single dock. Staff has not received feedback from the MN DNR on the proposed variance application. RECOMMENDATION Staff has the following recommendations or comments: • The Board could direct the District attorney to prepare Findings of Fact and Order for approval of the dock length variance application, subject to the dock use area complying with minimum side setback requirements. This Order should take into consideration whether a shared dock, as proposed by the applicant, should be allowed at the Wallace and Blomberg properties. Y - . _ .�. _ , . �� :c _�:.� . __ �:° . „ � ;u�„_... _. �..;.:.,:.' :,':,;,�, :�, t"e �" :.;;uce �r�d 8.;,..`�rg properties, that would store more than four restricted watercraft, should require a multiple dock license. Any changes would require a Code amendment and it might be appropriate to delegate discussion of this Code provision to the Lake Minnetonka Boat Density Sub-Committee because of the precedent in could set on a lakewide basis. In the meantime, no more than four restricted should be stored at this common dock unless a multiple dock license application has been received and approvetl by the Board.