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HomeMy WebLinkAbout1994-02-03 Memo, LMCD App for VarianceLAKE MINNETONKA CONSERVATION DISTRICT In Re: Application of Michael D. Revier teat � 83j The applicant in this case is Michael D. Revier. Mr. Revier seeks a variance to adjust his dock use area to allow construction of a dock and storage of boats at the subject property which is located at 2691 Ethel Avenue in the city of Orono. The property is located on Carman Hay . This case also involves several adjacent and nearby properties. From the north, the first of these properties is located at 2684 Casco Point Road and is owned by Mr. and Mrs. David Runkle (the "Runkle Site") . The next property is owned by Mr. Michael Revier, the applicant in this case ( the "Revier Site") . The next property to the south is owned by Mr. C. Gordon Amundson, 2697 Ethel Avenue (the "Amundson Site") . To the south of the Amundson Site, is a parcel owned by Mr. R. Kauffman at 2696 Ethel Avenue (the "Kauffmann Site"). The Revier Site has approximately 26 feet of shoreline at the ordinary high water level. The hardship asserted by the applicant for the variance requested is that the extended lot lines of the Revier Site converge as they enter the lake and do not allow a dock use area of a reasonable size or shape for the storage of watercraft. The board finds that this fact does constitute a hardship within the meaning of LMCD code section 1.07. The owner of the Revier Site has a deeded right to construct a dock and store boats on the Amundson Site which has 15 feet of shoreline. The Amundson Site, by itself, is not sufficiently large to allow reasonable construction of a dock or boat storage. The board also finds that this constitutes a hardship within the meaning of LMCD code section 1.07. If the Revier and Amundson Sites are considered together, the combined site would have 41 feet of shoreline. However, because of the converging lot lines, there is not sufficient room for reasonable dockage and boat storage even if the two parcels CLL63201 L9110-4 1 r_s are combined; and the board finds that a hardship exists within the meaning of code 1.07 even if the two sites are considered as one. The owners of the Revier and Amundson Sites have agreed to combine their dock use areas and use their combined shoreline for a single common dock facility of sufficient size to allow each to store one watercraft. The board finds that the use proposed by the applicant and the owner of the Amundson Site is reasonable. Given 41 feet of shoreline, it is reasonable to expect to be able to store two boats along a straight dock, 40 feet in length, as proposed by the applicant. The board finds that it would be unreasonable to require conformance to the ordinance given the converging lot lines which create a dock use area which is not sufficiently large, even by combining the two parcels, for reasonable dockage or boat storage. The difficulty of conforming to the ordinance is due to circumstances which are unique to the property. It is not created by a desire of the applicant, but rather results from the combination of the facts that the dock use area is defined under the LMCD code by reference to setbacks from lot lines extended into the lake and that the lot line extensions in this case converge as they enter the lake, resulting in a dock use area which is unreasonably small for 41 feet of shoreline. The owner of the Runkle property has objected to the granting of a variance on the ground, among others, that the hardship is created by the applicant. Mr. Runkle asserts that the applicant acquired his property after the LMCD code was in effect and therefore the hardship is self created. The board finds that the hardship is not self created in any sen3e that would preclude the board from granting a variance in this case, as more fully explained in the attached memorandum which is hereby made a part of this order. CLL63201 LK110-• 2 ••• The board finds that the variances granted do not alter the essential character of the locality. The proposed dock is in a residential area, and the nature and size of the proposed facility will not be out of scale with other residential dock and boat storage along the shoreline. The Runkle and Kauffmann Sites each have approximately 100 feet of shoreline. Therefore, adding storage for two boats at the pined Revier and Amundson Sites will not create unreasonable congestion in the Mr. Runkle asserts that a variance may not be granted to Mr. Revier which allows him to install a dock or store boats on the Runkle side of the extended line between the Runkle and Revier Sites. This question is more fully addressed in the attached memorandum. For the reasons explained in the memorandum, the board makes no finding as to the respective real property interests of the owners of the Runkle and Revier Sites. Mr. Runkle stated that he would agree to a dock plan which would not involve crossing the extended lot line between the ' unkle and the Revier Sites. He argues that there is no hardship which justifies a vark .ce adjusting this lot line because a dock has been in place in the past which did not extend over the extended lot line. It appears to be true that a dock has been constructed in the past at the Revier or Amundson Site which did not extend beyond the extended lot line between the Runkle and Revier Sites. However, this dock was not in compliance with the requirements of the LMCD code and extended substantially into the dock use area of the Kauffman Site. Likewise, Mr. Runkle urges the board to plan agreed upon by Mr. Revier and Mr. Runkle in an attempt to resolve this hrough mediation. That agreement, however, also avoided crossing Mr. Runr s extended lot line at the expense of the Kauffmann Site, and Mr. Kauffmann apparently declined to approve the proposed settlement. CLL63201 L9110-4 3 The board finds that the proposals offered by Mr. Runkle would be unfair to the owner of the Kauffman Site and that the variance hereinafter g--,nted and ordered is a more reasonable, fair, and equitable allocation of dock rights to the parties involved. Finally, the board finds that the variances granted by this order do not adversely affect the purposes of the LMCD code of ordinances, the public health, safety, and welfare, or reasonable access to or use of the lake by the public or other riparian owners. ON THE BASIS OF THE FOREGOING, IT IS ORDERED that the dock use areas be determined by reference to lot lines adjusted from the point at which the lot lines reach elevation 929.4 feet NGVD as follows: the lot line between the Runkle and Revier Sites is adjusted 25 degrees to the north; and the lot a between the Amundson and Kauffmann Sites is adjusted 25 degrees to the south. The variance hereby ordered is subject to the following conditions: Nothing in this order is intended to encourage or require the owner of the Revier or Amundson Sites to construct a dock over the extended lot line between the Revier and the Runkle Sites. 2. Nothing in this order in intended to be an adjudication of the respective • al property rights associated with the Revier or the Runkle Sites or confer upon the applicant any rights which violate real property ghts of the owners of the Runkle Site, in excess of the authority of -.e LMCD. 3. This order shall not be effective until the applicant has recorded a copy of this order with Hennepin County against the title to both the Revier And the Amundson Sites, together with any such other documents as may be necessary to effect its recording, as approved by legal counsel to the district. 4. The variance granted hereby shall authorize construction of only one straight dock at the combined shoreline of the Revier and Amundson SitL-, and no dock may be constructed at either parcel pursuant to this variance without the consent of the owners of both parcels. 5. No more than two boats may be stored at the dockb at the combined Revier and Amundson Sites, neither of which boats may have a beam in excess of 8 and 1/2 feet. CLL63201 Lu10-4 4 40 b. The length of the dock constructed at the Revier and Amundson Sites shall not exceed 40 feet measured from elevation 929.4 feet NGVD. 7. No canopies shall be constructed at the dock located at the Revier and Amundson Sites. 8. The dock located at the Revier and Amundson Sites shall maintain a setback on each aide of at least 5 feet from the adjusted lot line. The variance authorized and o--Tiered herein shall grant tG vested right to the use of Lake Minnetonka. Such use shall remain at all times subject to regulation by the district to assure the public of reasonable and equitable access to the lake. By order of the Lake h;Innetonka Cui—ervation District Board of Directors, this 26thday of January , 1994. Eu R. St An,�Exec�utive Director CLLh -11 Lr.l