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LAKE MINNETONKA CONSERVATION DISTRICT RE: APPLICATION OF FREDRICK AND MICHELLE PACOVSKY AND RE: APPLICATION OF SHIRLEY HENDRICKSON, RICK WINDENBURG AND MARK FTNNEY FTNDINGS A public hearing was held on the application for dock ]ength, side setback, and adjusted dock use area variances for Fredrick and Michelle Pacovsky a17:00 p.m. on June 26,2002,at the Tonka Bay City Hall in the City of Tonka Bay, Minnesota. A public hearing was held on the application for dock ]eng111, side setback, and adjusted dock use area variances for Shirley Hendrickson, Rick Windenburg and Mark Finney at 7:00 p.m. on August 28, 2002, at the Tonka Bay City Hail in the City of Tonka Ba.y, Minnesota. Both matters were considered at subsequent meetings of the Board. Because the two applications are for adjacent properties, the resolution of one application appeared likely to affect the other. Therefore, the two applications were combined in an effort to consider a11 the implications of the variances requested and to reach a single conclusion that would provide reasonable access to the Lake for the various properties involved. The four properties that are subject to this order are: 3210 North Shore Drive(the Finney Properiy); 3200 North Shore Drive (the Hendrickson/'Windenburg Properiy); 3186 North Shore Drive (the Pacovsky Property); and 3180 North Shore Drive(the Blomberg Property). All four properties are on Maxwell Bay in the City of Orono. All four properties have shallow water within their authorized dock use areas and one, the Pacovsky Property, has converging lot lines. The Board finds these conditions to be hardships within the meaning of LMCD Code Section 1.07. The Boazd further finds that variances for length, setback, and adjustrnent of dock use areas, as provided in this order, are consistent with the spirit and intent of the Code and provide reasonable and equitable access to the Lake for the owners of the properties involved. ORDER On flie basis of the foregoing, IT IS ORDERED that the LMCD Board of Directors grants and orders variances for the four properties involved as follows and as depicted on Attachment One, attached hereto and made a part of this Order: A. The Finnev Propertv. A variance is ordered for the Finney Property in accordance with the following description and conditions: 1. A dock use area length variance is granted to a length of 100 feet from the shoreline at 929.4 NGVD. 2. All docks and watercraft storage must be contained within the area defined by such 100 foot length limitations and 15 feet from the extension northward of the east and west lot lines of the site. CLL221662v1 I.3CI 10-4 1