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LAKE MINNETONKA CONSERVATION DISTRICT June 20, 2002 T0: Board of Directors � FROM: Greg Nybeck, Executive Director �6� SUBJECT: Packovsky Variance Application gACKGROUND Fredrick and Michelle Packovsky, 3186 North Shore Drive, have submitted a variance application for Board consideration on Maxwell Bay in the City of Orono. The application has been submitted for variance from LMCD Gode for side setback and dock length requirements, pius an adjusted dock use area. Physical hardships of converging lot lines and shallow water were identified in the application submitted. Pursuant to LMCD Code, the attached public hearing notice was published in the 6/11/02 etlition of the Lakeshore Weekly News. The proposed dock would originate from what appears to be 27'of continuous 929.4' NGVD shoreline. The applicant �as submitted two proposed site plans, both with a "H" shaped dock, that would extend approximately 110' into the Lake from the 929.4 NGVD shoreline, with three Boat Storage Units (BSU's). The three BSU's include: 1) a 16' x 36.5'slip without a canopy, and 2) two tie-ons in front of the 16' x 36.5'slip for the storage of two jet skis. �ISCUSSION ;o evaluate the proposed variance application, staff believes that two Code Sections apply to it. They include: 1. Code Section 2.01, subd. 1 that prohibits a person from using any area of the Lake outside an authorized dock use area for docking and storage of watercraft. An authorized dock use area is defined as "that area of the Lake which may be used for docks, moorings, boat storage, swimming floats, ski jump storage or diving towers, or which may be enclosed on three sides for any of these purposes". These three sides are further defined by Code restrictions for dock length and minimum side setback requirements. 7he proposed site plan is not contained within the authorized dock use area for this site as defined by Gode. Maximum dock length at this site is 60'from the 929.4 NGVD shoreline. Minimum side setbacks from the extended side site lines at this site are 5'without a canopy and ZO'with a canopy. Because the proposed site plan does not comply with Code requirements for maximum dock length a minimum side setback requirements, and is not contained within the extended side site lines for this site, an application fior variance from Code is required for the Board to consider it. 2. Code Section 1.07 allows the Board to consider applications for variance from LMCD Code, including side setback, dock length, and adjusted dock use areas, provided the application of the Code causes the applicant a practical difficulty or a physical hardship. The Code states that the Board may permit a variance from its requirements, with conditions deemed necessary, provided such variance does not adversely affect the purposes of this ordinance, the public health, safety, and welfare, and reasonable access to or use of the Lake by the public or riparian owners. A typical hardship considered by the Board for variance from Code for side setback requirements and an adjusted dock use area is converging lot line. A typical hardship for variance from LMCD Code for dock length requirements is shallow water. Section 1.07, subd. 3 states that length limitations prescribed by this ortlinance may be adjusted to allow the construction and maintenance of a dock in the Lake to a water depth of four feet, measured from the 929.4 feet NGVD, at the outer end of such dock to provitle adequate water depth for navigation.