LMCD/application/variance/meeting minutes. etc

Home Browse Search

Lake Minnetonka Conservation District Regular Board Meeting June 26,2002 Page 4 • Code Section 2.01 that requires docking and watercraft storage to be contained within an authorized dock use area, and Section 1.07 that allows the Board to consider applications for variance from Code, were reviewed. A typical hardship for a dock length variance is shallow water, while a typical hardship for a side setback and adjusted dock use area variance is converging lot lines. The applicant documented water depths of approximately 28"-31", 60'from the 929.4'NGVD shoreline, and approximately 35.5"-38", 110'from the 929.4' NGVD shoreline. He believed that a physical hardship existed for the proposed dock length variance. • In addition to the dock length variance, the applicant would need some combination of adjustment of lot line extensions, reducing the area available to the neighbors on one or both side, and setback reductions. The impact on the storage rights of the neighbors could be reduced by granting side setback or dock length variances to the neighbors, or by changing the configuration of the applicanYs dock,or both. An alternative dock design, possible a straight dock with watercraft stored on one-side of the dock, might be more appropriate for this site. • The City of Orono stated that they believed a physical hardship existed for the applicant; however, an altemative dock design that is agreeable to the applicant and the abutting property owners was recommended. No comments were received from the MN DNR. • He believed that a physical hardship existed for the dock length and adjusted dock use area variance requests; however, he recommended that the Board should take into consideration how it would impact the abutting property owners. The abutting property owners have expressed concem about the proposed site plans and the Board might want to consider an amended site ptan that would have less impact on them. The Board might want to consider holding the public hearing and continuing it to a future Regular Meeting and send it back to staff level, with interested Board member participation, to investigate whether an amended site plan could be agreed to by the applicant or other interested parties. • He entertained comments or questions from the Board. Foster stated that he had been involved in other adjusted dock use area variance requests in the past. He raised a concem that one of the proposed site plans would primarily adjust the side site line extension from the east neighbor rather than equally between the east and west neighbors. He added that he would like to see further information on the proposed site plans that documents 929.4' NGVD shoreline at the two abutting properties. He supported the dock length variance requests but he questioned whether a dock as proposed should be allowed at a site with 27'of shoreline. He supported the concept of allowing staff to work out the details on the possibility of an amended site plan for the proposed variance request. He asked the applicant how much fetch is in the area for the creation of waves. Mr. Fred Pacovsky stated that the property faces north and there is an occasional northwest wind in the area. He clarified that the proposed "H"dock measurements are 16'x 40'on the outside. Nelson stated that he believed review of the letters received and the proposed site plans would result in an unfair impact on the abutting property owners. He supported the neighbors in the area sharing a dock(s),or an amended proposed site plan,that would have less impact on the abutting property owners. Seuntjens stated that he would like to know how much shoreline the abutting property owners have. Mr. Paul Blomberg, 3180 North Shore Drive, stated that he owned the abutting property to the east and he purchased it in 1986 with 100'of shoreline. He has had a permanent dock with the abutting property to his east that has 100'of shoreline. His dock is currently approximately 135' in length and was granted a temporary low- water variance in 1987. In 1986 when he purchased the properry, there also was a common dock for the applicant's property and the abutting property to the west, 3200 North Shore Drive, that existed for a number of