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Lake Minnetonka Conservation District Regular Board Meeting August 28,2002 Page 2 PUBLIC HEARING • Hendrickson/Windenburg and Finney, variance application from LMCD Code for side setback and dock length requirements, plus an adjusted dock use area. 1A. Fredrick and Michelle Pacovsky, variance application from LMCD Code for side setback and dock length requirements, plus an adjusted dock use area variance(Public Hearing conducted at 6/26/02 Regular Board Meeting). Foster called the public hearing to order at 7:05 p.m. and asked staff for background on the proposed application. Nybeck made the following comments; • The staff memo prepared for the public hearing also pertains to agenda item 1A,the pending Pacovsky variance application. During the public hearing and consideration, it would make sense to consider both proposed variance applications at the same time. • Shirley Hendrickson and Rick Windenburg, 3200 North Shore Drive, and Mark Finney, 3210 North Shore Drive, have submitted a joint variance application for consideration on Maxwell Bay in the City of Orono. The application has been submitted for variance from LMCD Code for side setback and dock length requirements, plus an adjusted dock use area. Physicaf hardships of converging lot lines and shall water have been identified, with a public hearing notice published in the 8/13/02 edition of the Lakeshore Weekly News. • At its 6/26/02 Regular Meeting,the Board conducted a public hearing and considered a variance application from Fredrick and Michelle Pacovsky, 3186 North Shore Drive. The applicants at this meeting proposed two site plans, with concems raised BY the abutting property owners. The Board took no action at this meeting and staff was directed to facilitate a meeting with the applicant and the affected property owners to investigate whether a revised site plan could be agreed to by all parties,documented by an updated survey, and brought back for review by the Board at a future Regular Meeting. • Staff facilitated a neighborhood meeting to discuss the docking situation in the area on July 11th. In addition to Nybeck, Board members Babcock and McMillan were in attendance at this meeting. Also in attendance were Fred and Michelle Pacovsky, Shirley Hendrickson and Rick Windenburg, Rich Anderson, Paul Blomberg, and Mike Wallace. Based on the discussions at this meeting and subsequent discussions amongst these property owners, a revised survey has been proposed for the Pacovsky variance application and the joint variance application submitted for the Hendrickson/Windenburg and Finney sites. Foster stated that this area of Maxwell Bay has a characteristic of shallow water and the proposed docks are longer than what is allowed by LMCD Code. Nybeck continued his comments: • At the Pacovsky site, a 90' long straight dock(no canopy) has been proposed from the 27'of continuous 929.4' NGVD shoreline,for the storage of a 26' long dock and a jet ski. The applicant has proposed to adjust the eastern extended side site line slightly over 17 degrees to the east and to adjust the westem extended side site line slightly over six degrees to the west for this dock. No side setback variances are proposed from the adjusted side site line extensions. • At the HendricksonNVindenburg site, a 100' long "H"dock(no canopy) has been proposed from the 64'of continuous 929.4' NGVD shoreline, for the storage of a 26' long dock and a 16' long boat. A six foot side setback is proposed from the eastem adjusted side site line extension and 15'from the westem side site line extension. No boats are proposed to be stored on the east side of the dock. • At the Finney site, a 100' long dock(with canopy) has been proposed from the 58'of continuous 929.4 NGVD shoreline, for the storage of a 22' long pontoon and a 19' long boat in front of it. The proposed