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' Lake Minnetonka Conservation District Regular Board Meeting February 8, 2006 Page 2 North Shore Drive on North Arm. The proposed variance application is for variance from LMCD Code for bridge length requirements and an adjusted bridge use area. Skramstad asked Harper for background on this agenda item. Harper reviewed the staff memo, dated 2/3/06, which summarized a request by Marvin and Nancy Blair for a variance from LMCD Code for bridge length requirements and an adjusted bridge use area. He recommended that the Board discuss the following fundamental questions prior to taking action on the application: 1) Is the proposed use reasonable, 2) Is 3' to 3.5' adequate water depth for navigation, 3)Would it be preferable to grant dock length and adjustment of a dock use area variances, 4)Would the proposed bridge plan be beneficial to keep a dock away from the public access, and 5)Would the variance for the bridge adversely affect the purposes of this ordinance and reasonable access to, or use of, the Lake by the public or riparian owners. He entertained questions or comments from the Board. Gross asked Harper the following three questions: 1) Does the wetland to the west of the proposed bridge qualify as navigable water, 2) Would the construction of the bridge allow for kayak and canoe passing, and 3) Is the proposed bridge permanent or seasonal. Harper stated that the wetland to the west of the bridge could "possibly"qualify as navigable water and suggested that LeFevere might clarify the definition. The contractor representing the applicant would be more qualified to verify if the construction plans provide for the bridge to be high enough to allow watercraft passage undemeath. The proposed bridge would be constructed with traditional seasonal docking, but would remain in the lake permanently. He stated that the only neighboring property in which the bridge would affect navigation is the City of Orono, adding that Orono does not have any construction plans at this time. He provided the Board an overview of water depth measurements in the immediate area. McDermott questioned the placement of the dock and whether it would be at the same length as the neighboring peninsula. Harper stated that the length would be close to the length of the peninsula. Berns questioned: 1) If it was legal, or possible, to dredge the site, and 2) Does LMCD have any responsibility for maintaining the shoreline, as there is a large tree at the construction site. Harper stated that the MCWD has permitting authority for dredging and shoreline enhancement projects on Lake Minnetonka. LeFevere stated that the LMCD does not have any regulatory authority with regards to the shoreline. The local jurisdiction, most likely the City of Orono, would regulate the shoreline. The LMCD could take into consideration the environmental impact, which also includes vegetative wetlands. He stated a legal definition of navigable waters is not a universal term for all legal purposes. Lake Minnetonka, as a whole, was determined years ago to be a navigable body of water. Therefore, when LMCD Code uses the word navigable, it is used in a common term. When a bridge crosses an inlet, it may be over