HomeMy WebLinkAboutLMCD/variance appl-1988 '�. •
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LAKE MINNETONRA CONSERVATION DISTRICT
RE: AYPLICATION OF SMITH'S BAY MARINA
. FINDINGS
The matter of the application for variances for Smith's Bay !larina and
Yacht Club was the sub�ect of a public hearing oa December 10, 1986, at 7:00
p.m. at the Tonka Bay Village Hall.
John Vogt appeared on behalf of the Applicant, which at that time was
Sailor's World. Applicant os�ns and operates a co�mercial marine at ite
property in LMCD area 26 on Smith's Bay. The Applicant was seekiag approval
of a eetback variance on the east eide of the property to provide 12 slips and
a lot-line ad3ustment and setback variance on the west side to provide 8
slips, all to zeplace 20 mooring spaces. Mr. Vogt presented lettere of
agreement from the abutting o�mers, the City of Orono on the vest and Alan
Nettles on the east. The grounds stated for the request are converging lot
lines and discontinuance of a district mooring area.
The Board finds that it is in the best interest of the public and of the
protection and preservation of the Lake that the 20 space district mooring
area of Sailor's World be discontinued. The discontinuance of the district
mooring area will impose some hardship on the Applicant as is more fully
described in the attached memorandum which is made a part of this Order. The
Board further f inds that the converging lot lines of the applicant's
authorized dock use area constitutes a hardship within the meaning of LMCD
Code Section 3.04.
ORDER
On the basis of the foregoing, IT IS ORDERED:
That variances, some of which are temporary, for construction in the
setback area and beyond 100 feet from the shoreline of a dock as shown on the
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attached Exhibit A, which is hereby made a part hereof, are granted subject to
the following conditions and limitatione:
1. Ttie 20 district mooring area is to be discontinued prior to the 1988
boating season.
2. A setback variance is granted on the north side of the dock use area for
construction of ten slips. all of which fall in whole or in part within -
the 100-foot contour. This variance applies to slip n�bers 1, 2, 3, 4,
5, 6, 7, 8, 9 and 10 on Exhibit A. The dock construction shall not
extend beyond the north extended lot line of Applicant's property.
3. A setback variance on the south of the dock use area is granted for
construction of four slips (numbered 66 through 69'�on Exhibit A) each of � �g- 68
which fal.ls all or partly within the 100-foot contour. Said slips within eh Plan
the setback a�rea on the south side of the Applicant's property are to be �.,1e����
seasonally 'removed from the Lake and shall not extend beyond the south
extended lot line of Applicant's property.
4. A temporary setback variance is granted within the 100- to 200-foot
contour on the north side of the Applicant's dock use area for six slips
(numbers 11, 12, 13, 14, 15 and 16 on Exhibit A) . Al1 of these slips are
to be removed after the 1997 boating season.
5. A temporary setback variance is granted within the 100- to 200-foot
contour on the south side of the Applicant's dock use area for four slips
(numbered 51, 52, 53 and 54�n Exhibit A), all of which are to be removed *'�'S o-S3
after the 1997 boating season. �"� p�0'h
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6. A total of 79 slips are suthorized at the Applicant's facility for 1988.
7. Applicant shall provide the District with an as-built survey within 90
days of completion of reconstruction of the docks.
The variances issued hereby shall grant no vested rights to the use of
Lake Minnetonka. Such use shall at all times remain subject to regulation by
the District to ensure the public of reasonable and equitable access to the
Lake.
By Order of the Board of Directors of the Lake Minnetonka Conservation
District this 27th day of April , �CSt&�. 1988.
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ran Mixa, Executiv rector
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mooring area is to be eliminated, the application of this provision will
result in the imposition of a greater hardship than was imposed on commercial
marinas which had docks extending more than 200 feet into the Lake because it
does not seem to be possible to provide atorage space to replace all of the
Applicants' moorings presently located more than 200 feet from the shore with �
slips within the 100-foot zone. The Board has determined that, in the best
interest of the public and of the protection and preservation of the Lake,
district mooring areas such as that operated by the Applicant ehould be
eliminated to reduce the intrusion of such facilities into the Lake and to
m�tke more of the lake surface area available for use by the public. Although
the Applicant has no vested rights to continue to store boats at a district
mooring area, the Board does not wish to impose unreasonable or unnecessary
hardships in connection with the implementation of its policy to discontinue
district mooring areas.
However, the Board has also determined that it is in the interest of
protecting the public health, safety and welfare that no aew docks should be
built beyond 100 feet from the shoreline. To the extent existing facilities
extend more than 100 feet from the shore, they are non-conforming and are not
allowed to be reconfigured to increase boat storage beyond 100 feet. It
should also be not�d that this m�rir.a hae enjoyed ths advantages of being
allowed to store boate beyond 200 feet from shore for well over 10 qears
beyond the period allowed for other marinas to bring their docks into
" compliance.
The Board has balanced the hardship imposed on the applicant by the
converging lot lines of its authorized dock use area and the economic hardship
which would be imposed by the mere elimination of the district mooring area,
which is a lawful use under the Code at this time, and the advantage to the
public of the elimination of the district mooring area against the need to
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LAKE MINNETONKA CONSERVATION DISTRICT �
RE: APPLICATION OF SMITH'S BAY MARINA
I�MORANDUM
The Applicant, Smith's Bay Marina and Yacht Club, or its predecessors in �
interest, have long operated a boat rental and storage marina which includes
boat storage at docks which extend some 200 feet into the Lake and at moorings
located in excess of 200 feet from the shore at a district mooring area
licensed under the LMCD Code.
To understand the justificatioa for granting the variances described in
the attached Order requires some knowledge of the history of dock regulation
by the LMCD. Not long after the creation of the LMCD, it adopted an ordinance
which limited the length of docks to 200 feet. Those docks which extended
more than 200 feet into the Lake Were required to be brought into compliance
with the Code in a specified period of time. At that time, the Code allowed
the storage of as many watercraft as could be safely stored within the
200-foot line. Therefore, in most cases, it was possible to so reconfigure
these docks within 200 feet from shore that there was not a significant
reduction in the number of watercraft that could be stored at the marina.
This required reduction in length di.d not, however, apply to moorings
licensed as district mooring areas under the LMCD Code. If it had, Sailor's
World would probably have been able to eliminate the district mooring area and
place an equal, or greater, number of vatercraft within 200 feet from the
shore in a reconfigured dock structure.
The LMCD Code has since been amended to prohibit new construction or
expansion of existing docks beyond 100 feet from shore. If the district
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p preserve the area of �the Lake beyond 100 feet from shore and to
prevent overutilization of dock use areas. In so doing, the Board has
determined that no permanent additional watercraft etorage should be allowed
beyond 100 feet, but that variances should be granted to increase watercraft
etorage within 100 feet aad that temporary storage between 100 and 200 feet �
should be allowed for a limited period of time.
If prior to the eacpiration of the period of time specified in the
variance Order for temporary variances, the Applicant wishes to attempt to
reconfigure ite facilities within 100 feet from the shore to accommodate those
slips Which must be diecontinued, it may apply to the LMCD for a permit to do
so. However, it muet be understood that whether such an approval is granted
will depend upon ordinances in effect at that time and factors to be
considered under those ordinances for multiple or commercial dock licenses,
and there can be no guarantee or assurance that such an application will be
approved. Given the facts that moorings have a1loWed Applicant to increase
its boat storage beyond 200 feet for a number of yeare, that substantial
variances are granted in the attached Order within 100 feet, and that
temporary variances granted for Watercraft etorage between 100 and 200 feet
for 10 additional years provide, at least for that period of time, that the
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Applicant will be able to store the eame number of watercraft as in past
years, the Board has concluded that the effect of the elimination of the
district mooring area will not impose an unreasonable hardship on the
Applicant.
This memorandum is approved by the Board of Directors as a part of its
Order dated the 27th day of April � �gg�x 1988.
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Frank Mixa, E ecuti e irector
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