HomeMy WebLinkAbout2004 - Lk Mtka Cons. Dis. Public Hearing 1-6 /0"?`/ RECEIVED
4*- ti{{NNET0+ MAR 2 9 2004
CITY OF ORONO
•
LAKE MINNETONKA CONSERVATON DISTRICT
18338 MINNETONKA BLVD. • DEEPHAVEN, MINNESOTA 55391 • TELEPHONE 952/745-0789 • FAX 952/745-9085
'SAYE THE LAKE—7 1V
S C� Gregory S.Nybeck, EXECUTIVE DIRECTOR
FRAt10N
BOARD MEMBERS March 25, 2004
Tom Skramstad
Chair,Shorewood
Katy Van Hercke
Vice Chair,Minnetonka
Jose Valdesuso TO: Lakeshore Weekly News
Secretary, Excelsior Attn: Sue Korus, Legal Department
Pauleen
, (Fax#473-0895)
Minnetrista
Bob Ambrose /
Wayzata
Doug Babcock FROM: Judd J. Harper,Administrative Technician L'''.-;--
Tonka Bay
Ory Burma
Mound SUBJECT: Public Hearing Notice (3/30/04 Edition)
Miles Canning
Greenwood
Bert Foster
Deephaven LAKE MINNETONKA CONSERVATION DISTRICT
Debbie Halvorson
Orono PUBLIC HEARING NOTICE
Pete Nelson 7:00 PM, April 14, 2004
Victoria
Tom Scanlon Tonka Bay City Hall
Spring Park
Tom Seuntjens 4901 Manitou Road
Minnetonka Beach •
Herb Suerth
Woodland Kenneth Peterson Variance Application
1074 Wildhurst Trail, Orono, MN
Forest Lake, Lake Minnetonka
The Lake Minnetonka Conservation District(LMCD) will hold a public hearing to
consider a variance application from Kenneth Peterson. The proposed application is for
variance from LMCD Code for dock length requirements at 1074 Wildhurst Trail in
Orono. All interested persons will be given an opportunity to comment.
Details available at the LMCD office, 18338 Minnetonka Blvd., Deephaven, MN 55391;
Phone: (952) 745-0789.
50%Recycled Content Web Page Address: http://www.lmcd.org
• 20%Post Consumer Waste E-mail Address: Imcd@lmcd.org
LAKE MINNETONKA CONSERVATION DISTRICT
April 8, 2004
TO: Board of Directors
, /
FROM: Judd J. Harper, Administrative Technician
SUBJECT: Kenneth Peterson Variance Application
BACKGROUND
Mr. Kenneth Peterson, 1074 Wildhurst Trail, has submitted a variance application for Board consideration on Forest
Lake in the City of Orono. The application has been submitted for variance from Lake Minnetonka Conservation
District (LMCD) Code for dock length requirements. Pursuant to LMCD Code, the attached public hearing notice was
published in the 3/30/04 edition of the Lakeshore Weekly News.
Because of shallow water, the applicant has submitted a variance application for a dock that would extend
approximately 122'from the 929.4' shoreline to reach a water depth of four feet, measured from 929.4' NGVD, at the
outer end of the dock. The proposed dock would originate from approximately 180'of continuous 929.4'shoreline.
The applicant has proposed storage of four restricted watercraft on the dock. This includes a 10'X 28' Boat Storage
Unit (BSU) for a boat on a lift, an 8' X 19' BSU for a runabout and two BSU's for two personal watercraft.
Last summer, the Board received a variance application from the abutting property owner to the south, Lisa
Ryskamp. During the review of this application it was recognized that the Peterson dock was not in compliance with
LMCD dock length restrictions that prompted this application. On June 25, 2003, the LMCD Board granted a dock
length variance for the Ryskamp dock with shallow water established as a physical hardship. The Board approved a
119' long dock originating from 103' of 929.4'shoreline with the ability to store four restricted watercraft as long as
they were owned and registered to residents of the site. Further details are outlined in the attached 6/25/03 Variance
Order.
DISCUSSION
To 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 for dock length and minimum side setback requirements.
The proposed dock does not comply with LMCD Code for maximum dock length restrictions. Maximum
dock length at this site,without a variance from Code, is 100' from the 929.4'shoreline. The applicant
has proposed a dock that would extend approximately 122' from the 929.4'shoreline. Because the
proposed dock would extend beyond 100'from the 929.4' shoreline, it would need to maintain a
minimum of 20' side setbacks from both extended side site lines. It appears the proposed dock and boat
storage would meet this requirement.
2. Code Section 1.07 states that"Where practical difficulties or particular hardships occur or where necessary to
provide access to the handicapped, the Board may permit a variance from Code or may require a variance from
what is otherwise permitted by this Code, provided that such variance with whatever conditions are deemed
e
Kenneth Peterson Public Hearing Memo, 4/8/04, Page 2
necessary by the Board, 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".
In the review of the proposed application for variance from Code, the Board should ensure that the
applicant has proposed practical difficulties and/or particular hardships that are caused by the
application of Code. In addition, the Board should apply the following decision standards in the review
of the proposed variance application:
• Is the proposed use reasonable?
• Would it be unreasonable to require conformance to the ordinance?
• Is the difficulty of conforming to the ordinance due to circumstances unique to the property?
• Is the problem one created by the applicant?
• Will the variance, if granted, alter the essential character of the locality?
In review of the proposed variance application, staff believes that the proposed use is reasonable for a
180'+wide site. The adjacent property to the south was granted a dock length variance on 103' of
shoreline for a dock with a similar length. Because of this, I believe that it would be unreasonable for the
applicant to come in conformance with the dock length limitation of 100'from the 929.4'shoreline due to
circumstances unique to the property.Additionally,staff does not believe that the proposed dock would
alter the essential character of the area. The adjacent Ryskamp property was granted a dock length
variance with the ability to store two personal watercraft and two boats that are larger than the boats that
the applicant is proposing to store.
In compliance with MN DNR General Permit 97-6098, the MN DNR and the City of Orono were provided a copy
of the proposed variance application on 4/26/04, with comments due in the LMCD office by 4/8/04. To date, staff
has not received feedback from the City of Orono or the MN DNR on the proposed variance application.
RECOMMENDATION
Staff believes that the Board could direct the attorney to prepare Findings of Fact and Order for approval of a
length variance with shallow water as a documented physical hardship. The Board may want to include a
restriction that all watercraft stored at the dock must be owned by and registered to residents of the site.
r
- *NNE?. VARIANCE APPLICATION
0+ Lake Minnetonka Conservation District
• • 18338 Minnetonka Blvd.
0 F-
Deephaven, MN 55391
0` Phone: (952)745-0789
��vATIOK'� Fax: (952)745-9085
LMCD Receipt# 17?E,`I
Because this form is to be copied, please use black ink or type.
In accordance with LMCD Code Section 1.07, where practical difficulties or particular hardships occur or where
necessary to provide access to the handicapped, the Board may permit a variance from the requirements of the
Code, or may require a variance from what is otherwise permitted the Code provided that such variance with
whatever conditions are deemed necessary by the Board, does not adversely affect the purposes of this
ordinances, the public health, safety, and welfare, and reasonable access to or use of the Lake by public or
riparian owners. The following application, when completed, shall be filed with the Executive Director of the
District along with surveys, photos, and such other information as required.
The person completing this form is the authorized agent or1roperty owner:(circle one).
Applicant: /tL'/9/? e_ f/1 C." --J��e--rsc'i-.
Address: /c 7.5/ L/) // zzi s -/- //- 7,:-/
City, State, Zip: G P-c-/1 c (/`'1c ii .r l) , AI* ---5--C—J4- '7/
Phone: 9s2 - '/7Z —/-/ .,2 Fax: G/,;2 z R-5-1- 77/
Property owner (if different from applicant):
Address:
City, State, Zip:
Phone: Fax:
PROPERTY LOCATION:
The property is located in the city of: G c ii "), MAR 1 1 2004 II
The property is riparian to LMCD bay/area(s): h re t /_ /« - -J
LMCD Area Identification Number(s): %) By
TYPE OF VARIANCE: /b f Lk /z'-- /cg7L/
State practical difficulties and hardships causing variance to be required:
Page 1 of 3
Variance Application
ABUTTING LAKESHORE PROPERTY OWNERS: / —
North or West: r ,` F .��, r A/6/ /f; c' I c:
(Name and mailing address) ,s
South or East: , : ; ' / ,� .� €� ,�� i �f t` �� f�`� ,��/f-,fz,j. ; lr / ' «<
(Name and mailing address)
Other affected parties (attach sheet if necessary):
(Name and mailing address)
Please submit names and mailing addresses of owners within a 350-foot radius of the
property. Such owners must be verified by checking with the Hennepin County Auditors Office,
(612) 348-5910 (or a private abstract company) which can provide actual mailing labels at a
cost of $1.25 per tax parcel (minimum of $25.00). This service usually takes two days, and
you must have your tax parcel identification number(PIN) ready when calling for this
assistance.
Documents listed below are required; check that they are attached:
Locator Map (U.S.G.S area map with scale, North direction, Site clearly marked,
Name or Title, LMCD Area Name, LMCD number)
County Plat Map (Site clearly marked, Name, LMCD area name, LMCD number)
Certified Land Survey (Legal description, Name, LMCD area name, LMCD
number, 929.4 N.G.V.D. shoreline)
Proposed facility site plan (to scale, 929.4' N.G.V.D. shoreline, LMCD area name,
LMCD number, Scale, North direction, affected neighbors, locate setback area,
locate dock use area, location of dock structure with dimensions and slip numbers,
indicate type of slip if applicable)
Existing facility site plan, if applicable (to scale, 929.4' N.G.V.D. shoreline, LMCD
area name, LMCD number, Scale, North direction, affected neighbors, locate
setback area, locate dock use area, location of dock structure with dimensions and
slip numbers, indicate type of slip if applicable)
Scaled drawing of docks on abutting properties, and other affected dockage
Absence of significant data requested above could result in a processing delay.
FEE CALCULATION
APPLICATION FEE (non-refundable) $250.00
DEPOSIT (refundable, upon full compliance
with the Code and extent of
administrative, inspection and
legal service required) ..+$250.00
r�
LE !Ill
Page 2 of 3 I MAR 1 1 2004 Llij
L
By
•
Variance Application
TOTAL FEE ENCLOSED (this fee is for processing of the
application and does not
entitle the applicant to a variance) $500.00
I certify that the information provided herein and the attachments hereto are true and correct; I understand that
any variance granted may be revoked by the District for violation of the LMCD code. I agree to reimburse the
District for any legal, surveying, engineering, inspection, maintenance or other expenses incurred by the District
in excess of the amount of the application fee. I consent to permitting officers and agents of the District to enter
the premises at reasonable times to investigate and to determine whether or not the Code of the District is being
complied with.
I agree to submit a certified, as-built survey upon completion of the docks.
_3/ /1/ .(7/
Authorize Signature Date
Title
Return this application, attachments and fee to:
Relationship to Owner
Lake Minnetonka Conservation District
18338 Minnetonka Blvd.
Deephaven, MN 55391-3232
Fax: (952) 745-9085
` p sII 3 F
111 MAR 1 1 2004
By
Page 3 of 3
•
Motorized watercraft owned by the Peterson's to be kept at the dock:
BSU1 Boat 28 ft. x lO ft. ( on lift )
BSU2 Boat 19 ft. x 8 ft.
BSU3 Personal water craft(2)
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LAKE MINNETONKA CONSERVATION DISTRICT
BOARD OF DIRECTORS
AGENDA
7:00 PM, Wednesday, April 28, 2004 RFC
Tonka Bay City Hall F,f/e0
4Piy' 6
CALL TO ORDER ClTYOFORO
ROLL CALL NO
CHAIR ANNOUNCEMENTS, Chair Skramstad
READING OF MINUTES- 4/14/04 LMCD Regular Board Meeting
PUBLIC COMMENTS - Persons in attendance, subjects not on agenda (5 min.)
CONSENT AGENDA- Consent agenda items identified with a (*) will be approved in
one motion unless a Board member requests discussion of any item, in which case the
item will be removed from the consent agenda.
1. LAKE USE & RECRETATION
A) Three Rivers Park District, presentation of"2003 Water Quality of Lake
Minnetonka" Report by John Barten;
B) (*) Hennepin County Sheriff's Office Water Patrol Significant Activity Report;
C) Additional Business;
2. WATER STRUCTURES
A) Kenneth Peterson, consideration of draft Findings of Fact and Order for
approval of a dock length variance application at 1074 Wildhurst Trail on Forest
Lake;
B) Shorewood Yacht Club (Site 2), consideration of 2004 renewal, without
change, multiple dock license application;
C) (*) 2004 Multiple Dock and DMA Licenses, staff recommends Board approval
of 2004 renewal, without change, applications for Al & Alma's, Minnetonka Yacht
Club (DMA), and Wayzata Marine;
D) Additional Business;
3. FINANCIAL
A) Audit of vouchers (4/16/04 — 4/30/04);
B) (*) March financial summary and balance sheet;
C) Additional Business;
4. EWM/EXOTICS TASK FORCE
A) (*) Minutes from the 4/9/04 EWM/Exotics Task Force Meeting (handout);
B) Evaluation of Truck Hauling Bids for the 2004 EWM/Harvesting Season;
C) 2004 EWM Harvesting Season, staff overview of project (handout);
D) Additional Business;
5. ADMINISTRATION
A) Training Session for Board members on Open Meeting Law;
B) LMCIT Liability Coverage- Waiver Form, discussion by Board on the amount
of liability coverage for 2004 and whether to waive monetary limits on municipal
tort liability established by Minnesota Statutes 466.04;
C) Additional Business;
6. SAVE THE LAKE
7. EXECUTIVE DIRECTOR REPORT
8. OLD BUSINESS
9. NEW BUSINESS
10. ADJOURNMENT
bk AFT
LAKE MINNETONKA CONSERVATION DISTRICT
RE: APPLICATION OF KENNETH PETERSON
FINDINGS
A public hearing was held on the application of Mr. Kenneth Peterson at 7:00 o'clock p.m. on
Wednesday, April 14, 2004, at the Tonka Bay City Hall in the city of Tonka Bay, Minnesota. The
Applicant requested approval of a dock length variance for property located at 1074 Wildhurst Trail
in the city of Orono.
The hardship cited by Applicant for the variance was shallow water depth. Applicant indicated that
the water depth at 122 feet from the shore line at elevation 929.4 feet NGVD is 4 feet.
The Board finds that the water depth is a hardship within the meaning of LMCD Code Section 1.07
and that granting the variance hereinafter set forth, on the conditions imposed, is consistent with the
spirit and intent of the Code.
ORDER
ON THE BASIS OF THE FOREGOING, IT IS ORDERED that a variance for dock length for
the property at 1074 Wildhurst Trail in the city of Orono is granted subject to the following
conditions and limitations:
1. Dock length shall be limited to 122 feet from the shore line at elevation 929.4 NGVD.
CLL-246850v1
LKI10-4 1
-• 2. The dock shall be constructed and maintained in strict conformance with the dock plan
attached hereto as Attachment One,which is hereby made a part of this Order.
3. All docks and boat storage shall be maintained within the authorized dock use area as
adjusted by this variance, and all docks and boat storage shall meet all side setback
limitations imposed by the Code.
4. All watercraft stored at the dock facility must be owned by and registered to residents of
the site.
The issuance of this variance 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 assure the public of reasonable and
equitable access to the Lake.
By Order of the Board of Directors of the Lake Minnetonka Conservation District this day of
, 2004.
Tom Skramstad,Chair
ATTEST:
Jose Valdesuso, Secretary
CLL-246850vI
LK110-4 2
0
DOCK LOCATION DRAWING FOR 1
0
KENNETH C. PETERSON \\
OF LOT 4, BLOCK 1, WILDHURST ESTATES \\
AND ADJOINING PROPERTIES \ I
HENNEPIN COUNTY, MINNESOTA \\
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DES'I(7JEDREVD DATE DESCRIPTION I HEREBY CERTFY THAT THIS PLAN,SPECFICATION,OR REPORT SCALE
G R Q N B E R G 8c ASSOCIATES INC. ION
THATVAS PREAREDI AM AAP BLICENSED PROFESSIONALMY DRECT ENGINEESUPERR AND AND 1"= l'
Q 2/18/04 REVISED SETBACK UNE PR
DRAWN
SURVEYOR NW THE LAWS CF THE STATE CF IHESOTA DATE
ECD CONSULTING ENGINEERS, LAND SURVEYORS, SITE PLANNERS 2-16-04
CHECKED 445 NORTH WLLOW DRIVE, LONG LAKE, MN � ��
55356 � JOB NO.
MSG 952-473-4141 DATE 1-/?-O y IN LICENSE NUMBER /1 7 S-1
04-044
04-044
0 A
LAKE MINNETONKA CONSERVATION DISTRICT
RE: APPLICATION OF LISA RYSKAMP
FINDINGS
A public hearing was held on the application of Ms. Lisa Ryskamp at 7:00 o'clock p.m. on
Wednesday, June 11, 2003 at Tonka Bay City Hall in the city of Tonka Bay, Minnesota. The
Applicant requested approval of a dock length variance for property located at 1080 Wildhurst Trail
in the city of Orono.
The hardship cited by Applicant for the variance was shallow water depth. Applicant indicated that
the water depth at 119 feet from the shore line at elevation 929.4 feet NGVD is 4 feet. The depth at
100 feet from the shore line is 3 feet.
The Board finds that the water depth is a hardship within the meaning of LMCD Code Section 1.07
and that granting the variance hereinafter set forth is,on the conditions imposed, consistent with the
spirit and intent of the Code.
ORDER
ON THE BASIS OF THE FOREGOING,IT IS ORDERED that a variance for dock length for
the property at 1080 Wildhurst Trail in the city of Orono is granted subject to the following
conditions and limitations:
1. Dock length shall be limited to 119 feet from the shore line at elevation 929.4 NGVD.
CLL-233419v1 1
LKI 10-4
2. The dock shall be constructed and maintained in strict conformance with the dock plan
attached hereto as Attachment One, which is hereby made a part of this Order.
3. All docks and boat storage shall be maintained within the authorized dock use area as
adjusted by this variance, and all docks and boat storage shall meet all side setback
limitations imposed by the Code.
4. All watercraft stored at the dock facility must be owned by and registered to residents of
the site.
The issuance of this variance 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 assure the public of reasonable and
equitable access to the Lake.
By Order of the Board of Directors of the Lake Minnetonka Conservation District this 25th day of
June, 2003.
a/ ,
Albert O. Foster,Chair
ATTEST:
Lili McMillan, Secretary
CLL-233419v1 2
LKI 10-4
Attachment One
DOCK LOCATION DRAWING FOR
PETER & LISA RYSKAMP
IN LOTS 5 & 6, TONKAVIEW GARDENS,
AND ADJOINING PROPERTIES
HENNEPIN COUNTY, MINNESOTA
a
^ -- ----_EIOSTeIG Dock --
t LIFT
S 89°07'25" E 164.94 '—'.......... _
.�n 37 ' FOREST 1 LAKE
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\
308.96 \ E1
S 83041'54" 'N \
Ili
IEXISTING \ \
I_ HOUSE 7 �,»�
LLL
0 20 40 80
SCALE IN FEET
MAR -3 2004
J
by
m1]m*..H.:
DESINED REVISION DATE DESCRIPTION I HERtNY CERTFY THAT THS PLAN.SPECIFICATION,OR REPORT SCALE
DRAB GRONBERG U.ASSOCIATES,INC. TMT I AM PREPARED
; SAL „""ND LAND '.
j Cp19LTNC DOLS•LAN)SAMYIX25.91E,,,MFRS DE LNFA R[LAWS IF TIE STATE O INFSOTA DATE
4/15/03
OEOOD 445 N.WILLOW DR. LONG LAKE•MN.55356 �� �_
952-473-4141 77/40--,/..,/ JOB
•
DATE /-/1-- w umm NLMDER /''./..r..., 03-129
03-129
Attachment One ri ,
Motorized watercraft owned by the Ryskarnp's to be kept at dock:
Labeled:
1) Boat 34 ft x 12ft
2) Boat 19.5 ft x 9 ft
3) 2 jet skiis
I ,, r- , , :, 7.-- \ 1 q'
MAY 2 2 2003
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. ,,.,