HomeMy WebLinkAboutLMCD - variance application/findings i� ` '
" � ITEM
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LAKE MINNETONKA CONSERVATION DISTRICT
RE: APPLICATION OF J�FF AND JILL PUGH
FINDINGS
On June 13, 2007, at 7:00 p.m., pursuant to due notice, a public hearing was held by the
Lake Mimietonka Conservation District ("LMCD") Board of Directors at the Wayzata
City Hall in the City of Wayzata, Minnesota. The hearing was held to consider the
application by Jeff and Jill Pugh ("Applicants") for dock length, side setback and
adjusted dock use area variances for property at 3585 Frederick Street in the City of
Orono, Minnesota. The property has approximately 21 feet of shoreline at elevation
929.4 NGVD and is located on the north end of Carmans Bay.
The Applicants have proposed a 90-foot long adjusted dock use area. Within the
proposed dock use area, the Applicants propose a 90-foot long straight dock, which
would be four feet wide, along the westerly extended side site line (with a 0-foot
setback); the storage of two restricted watercraft on the east side of the dock (a boat and a
personal watercraft); and a five-foot setback from the adjusted easterly extended side site
line.
The hardships submitted by Applicants were shallow water and converging lot lines.
The Board finds that the shallow water and converging lot lines constitute a hardship
within the meaning of LMCD Code, Section 1.07. However, providing the adjustments
requested by the Applicants necessarily involve cha�lges to the authorized dock use areas
of one or more of the properties adjacent to the subject property.
The Applicants have documented a water depth of 2.8 feet 60 feet from the shoreline, 3.3
feet 70 feet from the shoreline, 3.7 feet 80 feet from the shoreline and 3 9 feet 90 feet
from the shoreline.
The effect of the adjustment of dock use areas on adjacent properties can be mitigated by
granting variances to,those properties to offset the adverse impact of the adjustment of
the dock use area granted by this order.
The Board finds that granting a variance that would allow more than one restricted
watercraft to be stored at this site is not appropriate because there would not be sufficient
room for more than one restricted watercraft in the dock use area at the site even if the
hardship conditions did not exist.
313614v1 CLL LK110-4 1
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ORDER
ON THE BASIS OF THE FOREGOING, IT IS ORDERED:
1. That the requested length variance to allow construction of a dock 90 feet in
length from elevation 929.4 NGVD is granted.
2. The dock use area shall be measured from lot lines that are adjusted as follows:
a. The westerly lot line of the subject property is deflected 11 degrees 46
minutes to the west from the point at which the line crosses elevation
929.4 NGVD.
b. The easterly lot line of the subject property is deflected 9 degrees 55
minutes to the east from the point at which the line crosses elevation 929.4
NGVD.
c. These adjustments result in adjusted extended lot lines that are 19 feet
apart at a point 90 feet from the shoreline.
3. Setback variances, measured from the extended lot lines adjusted in accordance
with the preceding paragraph, shall be feet from the east lot line and
feet from the west lot line with the watercraft stored on the east side of the dock.
4. Variances granted hereby are subject to the following conditions:
a. No canopy will be allowed at facilities at the subject property.
b. No low water extensions will be granted to extend the dock beyond 90 feet
from elevation 929.4 NGVD.
c. Only one restricted watercraft may be stored at the site. That watercraft
may not be longer than 26 feet length overall. For purposes of this order,
the term "length overall" means the length of the watercraft including all
attached equipment in its operating position.
IT IS FURTHER ORDERED, that dock length variances are granted for properties
described as Lot 4, Block l, Tillson's Villa Carman and for property described as Lots 13
and 14, Block 1, Tillson's Villa Carman, each for authorized dock use areas extending
120 feet from the shoreline at elevation 929.4 NGVD. Setbacks for such dock use areas
shall be measured from lot line extensions adjusted in accordance with paragraphs 2a and
2b of this Order.
The variances herein provided 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.
313614v 1 CLL LK 110-4 2
i '
BY ORDER OF THE BOARD OF DIRLCTORS of the Lake Minnetonka Conservation
District this day of , 2007.
Tom Skramstad, Chair
ATTEST:
Tom Scanlon, Secretary
313614v1 CLL LKI10-4 3
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ADDRESS 3585 FREDERICK ST. �
PID# 20-117-23-12-0025 �G DOCK LOCATIONS SHOWN
P v ARE PER AERIAL PHOTO
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�*`�.r�a..xusmcc iuo�revcra� 6440 fIYNC CLOW DPoYE /--� �./
� �`"�"'"'�"„�,"�"�" JEFF PUGH EI�N?RAIRE.AN 55344 �_{ �
ft �H f,�ROA RE•^. tkt.85p8 952-941-3031 (J
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LAKE MINNETONKA CONSERVATION DISTRICT
June 7, 2007
T0: Board of Directors
,
FROM: Greg Nybeck, Executive Director �''
SUBJECT: Jeff and Jill Pugh Variance Application
BACKGROUND
Jeff antl ,fill Pugh, 3585 Frederick Street, have submittetl a dc�ck ►ength, side setback, and adjusted dock
use area(DUA) variance application. Their residence has aF�proximately 21'of continuous 929.4'shoreline
and is located on the north end of Carmans Bay in the City oi�Orono. Pursuant to LMCD Code, the
attached public hearing notice was published in the 6/5/07 eclition of the Lakeshore Weekly News.
The appiicants have proposed a 90' long adjusted DUA. Within the proposed DUA, the applicants propose:
1) a 90' fong straight dock, which would be four feet wide, al�mg the westerly extended side site line(zero
foot setback), 2) the storage of two restricted watercraft on tlie east side of the dock (a boat and personal
watercraft), and 3) a five foot setback from the adjustetl easi:erly extended side site line. The proposed
hardships include shallow water and converging lot lines. Further de#ails of the applicants request are
outlined in the attached letter, dated 5/31/07.
DISCUSSION
To evaluate the proposetl variance application, I believe th�it three LMCD Code Sections apply to it. These
include:
1. Code Section 2.01, subd. 1 prohibits a person frorri using any area of the Lake outside an
authorized DUA for docking and storage of watercraft. An authorized DUA is definetl 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 sitles are further definetl by Code for maximum tlock length and side setback
requirements. LMCD Code requires setbacks from extendetl side site lines as follows: 1)the first
50' of the length of the DUA requires a 10' setbac'�, 2) the next 50' in length of the DUA requires a
15' setback, 3)canopies require a 20' setback, antl 4) sitle opening slips require a setback of the
depth of the slip, with a minimum of 20'. For tlocN; length, a DUA may extentl the same distance
into the Lake that there is 929.4' lakeshore fronta��e at the site, with a maximum distance of 100'.
There are grandfathered provisions for setbacks �;five feet) and dock length (four feet of water
depth or 60', whichever is less) for DUAs that are 40' in width or less and were in existence in
February of 1970.
The applicants proposed plan is not contained within the DUA for this site for both length
and side setbacks. To address this,the applicants have submitted a variance application
from LMCD Code.
2. Cotle Section 1.07 states that"Where practical ciifficulties or particular hardships occur or where
necessary to provide access to the handicappeci, the Board may permit a variance from Code or
may require a variance from what is otherwise F�ermitted by the Code, provided that such variance
with whatever conditions are deemed necessary by the Boartl, does not adversely affect the
Jeff 8�Jiil Pugh Public Hearing Memo, 617107, Page 2 `' • �. .
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 review of the proposed application for variance from Code,the Board should ensure that
the applicant has proposed practical difficulties or particular hardships that are caused by
the application of the 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?
The criteria used by the Board in the past to evaluate dock length variance applications is to
establish four feet of water depth at the outer edge of the DUA, adjusted to the 929.4'
contour. The applicants have documented water depths of 2.8 feet at 60', 3.3' at 70', 3.7' at
80',and 3.9' at 90'. Based on these water depths, the applicants have documented that a
hardship for the dock length variance exists, shallow water. However,a longer DUA at this
site has a greater impact on the abutting properties because it is narrow and pie-shaped. In
evaluating the variance application,this should be taken into consideration by the Board.
If this site had parallel side site line extensions,which are common for the majority of sites
on Lake Minnetonka, the width of their DUA would be approximately 11'. However,the
converging lot lines at this site significantly reduces the DUA. Because of this, I believe it
would be unreasonable to require the applicants to conform to the ordinance because of the
uniquely platted lot by the City of Orono. To address this,the applicants have proposed to
locate the dock along the westerly extended side site line and an 11'wide area to store the
two proposed watercraft. To accomplish this,the applicants have proposed a 23 degree
deflection of the easterly extended side site line,with a five foot setback from the adjusted
DUA. The abutting property to the east, Bob Pieper from Minnetonka Custom Homes, has
expressed a concern about adjusting the DUA entirely to the east and recommended that
this balanced between the two abutting properties. The abutting property to the west is
owned by David and Megan Cannistrachi.
3. Code Section 2.02 outlines the number of restricted watercraft that can be stored at a residential
site based on the amount of 929.4'shoreline and the ownership of the watercraft. Specifically, it
allows: 1) General Rule-one restricted watercraft for each 50'of shoreline (without reference to
ownership), 2) up to two restricted watercraft may be kept at a dock for a residential site in
existence on 8/30/78 (without reference to ownership), and 3) three or four restricted watercraft are
allowed at a residential site if all watercraft are owned and registeretl to the residents of the site.
A boat and a personal watercraft have been proposed by the applicants. In the past, the
Board has typically restricted the number of restricted watercraft that may be stored at a
site that requires a variance from LMCD Code. I believe that to be the case in this proposal
and the Board should decide how many restricted watercraft are appropriate at this site.
*� Jeff&Jill Pugh Public Hearing Memo,617107, Page 3
RECOMMENDATION
There are four fundamental issues that the Boartl should atldr��ss when considering the Pugh variance
application. These include:
1, The applicants have provided adequate documentation �rhat shallow water exists at this site to grant a
dock length variance. However, a question remains on ��uhat the reasonable dock length is for this
site because of the potential impact that it might have or� the abutting properties.
2. In order to provide the applicants a DUA, either one or both of the extended side site lines needs to
be adjusted, with the possibility of side setback relief. A question remains on whether the proposal to
adjust only the easterly side site line extension makes sE;nse or whether it should be balanced
between the two abutting properties.
3. In past adjusted DUA variances, the Board has frequent y granted setback and/or length relief for the
abutting site(s) that are impacted. The Board should consider what types of relief you deem
appropriate for the abutting site(s) if the Board is inclined to direct LMCD legal counsel to prepare
Findings of Fact and Order to approve the Pugh variance application.
4. A question remains on the appropriate width of the DUA for this site, which docking and boat storage
must be contained within. It seems reasonable to me that this should not exceed 11'.
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I BY-------------i
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LMCD,
Please find the nttnched dock varinnce proposnl for 3585 Frederick St
in Orono, MN.
As you will see, this property has nn unusual "pie shnped" lot.
The house is pending sale nnd the buyers are asking for o varinnce to
assure thc►t they can have n dock, boQt and jetski nt this property.
We are requesting a hardship vnrinnce for side setback, length, nnd
converging lot lines.
There has been a dock loc4ted nt this property since 1965.
Jeff nnd Jill Pugh hnve lived nt this property since 1994, and have
Qlwnys had n similar dock conf iguration. The location and length of
the dock has never been an issue for nny of the neighbors in the pnst.
�ue to the shnllow wnter in Carmnn's bay, all of the docks at this end
of bay nre very long. As you will see, the wnter depth at the end of
our dock is less than 4 f eet.
Thnnk you for your cansideration.
Jeff and Jill Pugh
�1C� � C � �'li �
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. . � �iAY 3 i 2007 (i
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By- --
, VARIANCE APPLICATION
1" Lake Minnetonka Conservation District
t '�, 18338 Minnetonka Blvd.
,.,. �,
• =. -�=_,. Deephaven, MN 55391
,� t=�E-a.r Phone: (952)745-0789
� . ' Fax: (952)745-9085
LMCD Receipt#
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 atfect 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 o roperty owner circle one).
Applicant: _ � 12 �� �lnal � / � If��
Address: ��j�� �v�C'� �� ►-;C� K ,�'j-�-
City, State, Zip: _ Or'c�n � .. � IV �.�7 J �q �
Phone: q,-`��2- �70�- 0��1� Fax: �� ?�- �j7�]- �(�? �
Property owner (if different from applicant):
Address:
City, State, Zip:
Fax: � � �; n ;,`�; � �
Phone: �, I5 C� � , Li lJ L�' I I
PROPERTY LOCATION: ��Y � � ?OCi� � II
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The property is located in the city of: ��-�n o
The property is riparian to LMCD bay/area(s): L'a�m�ns '�ay gy____________
LMCD Area Identification Number(s): ---
TYPE OF VARIANCE: �.e n�-�-h /�d ';;a S+e c► ,I��C K .I�c ArC' ,�,�GYP SE t,,Ix�C K
State practicalf ifficulties and ha ds ips causing variance to be required:
�rl l� � �Q r
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Page 1 of 3
Variance Application
ABUTTING LAKESHORE PROPERTY WNERS: ;� �
North o Wesf:; � P t� � r ,�,. r C'� , ' , � �-� I�ci O��NU� ,7►rJ 5`�,3�� 1
�_---
Name and mailing address)
_�---,
SOUtrI O�East� �(�h �i DP r- ��)�J + v Pc�c=r�i'K S�- C.�►-i.'�1C� /VIN c�c� �(��
(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).................................+ l; ,_' �� � � ���'I '� ��
, � i;�� �
i, �� f�i�.Y � I �QU7 jl It
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Page 2 of 3
�y
Variance Application
TOTAL FEE ENCLOSED...... (this fee is for processing of the
application and does not
entitle the applicant to a variance).................. 500.0
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 mit a certi d, as-built survey upon completion of the docks.
�--3� -o'�
Auth iz natu 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
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