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Lake Minnetonka Conservation District Regular Board Meeting October 9,2002 Page 2 1. WATER STRUCTURES A. Consideration of Findings of Fact and Order for approval of the following variances: • Fredrick 8�Michelle Pacovsky, adjusted dock use area and dock length. • Shirley Hendrickson&Rick Windenburg, adjusted dock use area, dock length, and side setback. • Mark Finney,dock length, Foster asked staff for background on the draft Findings. Nybeck made the following comments: • At the 9/215/02 Regular Meeting, staff proposed dock use areas for the three sites that have submitted an application for variance from Code. The consensus of the Board and the applicants at that meeting was to proceed with the dock use areas because they believed that they were reasonable. The Board directed the applicants to transfer the proposed dock use areas on the survey and LeFevere was directed to prepare Findings of Fact and Order for approval of the variance applications for consideration at this meeting. • The Draft Findings of Fact and Order include four properties that are subject to this document. They include: 1)the Finney property-3210 North Shore Drive, 2)the Hendrickson/Windenburg property- 3200 North Shore Drive, 3)the Pacovsky-3186 North Shore Drive, and 4)the Blomberg property- 3180 North Shore Drive. • At the Finney site,there is only a need for a dock length variance. The dock use area length would be 100'from the 929.4'shoreline and would require a minimum of a 15'side setback from both extended side site lines. No side-opening slips towards the east would be permitted. No language was added to the Findings that would allow a canopy with less than the 20'side setback required by Code; however, this possibly could be done through mutual consent. Babcock stated that he believed the Code would not allow the owner of a commercial structure to enter into a mutual consent for amendment to required side setbacks for the canopy with the abutting resident.