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LAKE MINNETONKA CON5ERVATION DISTRICT April 17, 2009 T0: Board of Directors , �/t' FROM: Judd J. Harper, Administrative Technician � SUBJECT: New Multiple Dock License& Variance applications —Jon Schwartzman, 425 Oxford Rd, Orono BACKGROUND Mr. Jeff Voorhees, representing Jon Schwartzman has submitted a new multipie dock license and variance applications for Board consideration. The application is for five Boat Storage Units (BSUs) on approximately 253' of 929.4' shoreline on Stubbs Bay. With a BSU density of approximately 1:51', the Schwartzman property would be a conforming multiple dock site for density purposes. The variance application has been submitted for variance from Lake Minnetonka ConseNation District (LMCD) Code for dock length requirements with a physical hardship of shallow water. During the 2007 & 2008 Proactive Code Enforcement Project, LMCD staff observed five restricted watercraft moored at this site without a multiple dock license. In 2008, the dock was used to moor a cruiser, runabout, fishing boat and two personal watercraft. This violation was communicated to the prope�ty owner and these applications have been submitted to bring the site into compliance with LMCD Code. The applicant has proposed a 120.5' long dock that extends approximately 117.8' from the 929.4' shoreline. This dock is proposed to have three slips to moor 3 boats and an area to moor two personal watercraft. It has been ' communicated that the five watercraft are owned and registered to the Schwartzmans living at this site. Pursuant to LMCD Code, the attached public heanng notice was published in the 4l7/09 edition of the Lakeshore Weekly News. DISCUSSION To evaluate the proposed application, staff believes five sections of the LMCD Code apply to it. They include: 1. Code Section 2.03, Subd. 1 states that no person may locate, const�uct, install or maintain a multiple dock or mooring area or a commercial dock or a launching ramp on the shoreline of the Lake, or in the waters of the Lake unless licensed by the Board to do so. 2. Code Section 1.02, Subd. 28, defines multiple dock or mooring area as any dock or mooring area constructed or maintained for the storage of five or more restricted watercraft. Because the proposed dock would be used to store five restricted watercraft, LMCD Code requires a multiple dock license. 3. Code Section 2.01, subd. 1 prohibits a person from using any area of the Lake outside an authorized dock use area for docking and storage of wafercraft. 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 for maximum dock length and side setback requirements. The proposed dock is not contained within the authorized dock use area for this site. Specifically, the dock extends beyond 100'from the 929.4' shoreline.