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Home My WebLink AboutRe: docks/permitting/LMCD Christine Mattson From: Melanie Curtis Sent: Tuesday, March 11, 2008 7:29 AM To: Evelyn M. Turner; Christine Mattson Subject: FW: 3186 North Shore Chris, could you please gather some info about this property and either you or ET reply to Cara for me? Likely its a LMCD question. Thanks -Melanie *Please excuse the brevity of this message & any grammatical errors. This message was sent via my BlackJack. -----Original Message----- From: "cara ziebarth" <ckziebarth@mchsi.com> To: "Melanie Curtis" <MCurtis@ci.orono.mn.us> Sent: 10-Mar-08 9:28 Subject: 3186 North Shore Melanie, Jeff and I were looking at property to build a house for ourselves on. We were looking at 3186 North Shore Drive. It has 27' of lake shore. Are we going to have trouble putting a dock there? I would assume that something has been grandfathered in since the house was built in the early seventy's. Could you please take a look at that and let us know the situation? Thank You! Cara Ziebarth i Page 1 of 1 Evelyn M. Turner From: Evelyn M. Turner Sent: Tuesday, March 11, 2008 4:13 PM To: 'ckziebarth@mchsi.com' Cc: Christine Mattson Subject: 3186 North Shore Drive Cara: Docks are regulated by the Lake Minnetonka Conservation District(LMCD), http;//www.lmcd_.org/index2,ht_m_ . I've attached some information sheets about building a new house. Evelyn Turner City Planner City of Orono 952-249-4623 ��Aer�-c.� L 2- �� I v�� S�Oz�T [��(c(rh��e�� - h rh-ci e� r.� �,,,� vee�ve.�.�, � 3/13/2008 LAKE MINNETONKA CONSERVATION DISTRICT ; .__W, _: , .� REQUEST FOR REVIEW AND COMMENTS ."+'''1 1 . ^rr� Cii t�1I� U; fJ,i(�t��,,.�. MINNESOTA DNR GENERAI, PERMIT APPLICATION NUMBER: 97-6098 DATE OF REQUEST: June 14, 2002 RESPONSES DIJE BY: June 24, 2002 (Note: Comments on this application are due 10 days from receipt of this notice. Return to: L.M.C.D.; 18338 Minnetonka Blvd.; Deephaven, MN 55391) FROM: Judd J. Harper- PHONE: (952) 745-0789 Administrative Technician TO: X DNR Area Hydrologist: Mr. Travis Germundson, MN DNR, 1200 Wamer Road St. Paul, MN 55106-6793 X DNR Area Fisheries Manager: Mr. Daryl Ellison, MN DNR, 9925 Valley View Rd Eden Prairie, MN 55344 X Municipality: Mr. Mike Gaffron, City of Orono, P.O. Box 66 Crystal Bay, MN 55323 Other PROPOSAL INFORMATION Name of Applicant: Fredrick and Michelle Pacovs Bay: Maxwell Address of Project: 3186 North Shore Drive, Orono Project Description: The applicant has submitted an application for variance from LMCD Code for side setback and dock len�th requirements plus an adjusted dock use area. COA�NTS ON PROPOSAL Comments on Project by Reviewer (attach separate sheet if needed): �rvv�G l'�� !-o� G��v�s /s C��e.c_�� l�?,, Recommendation of Reviewer: �//v1� � /t��pD(,,� ��,Q��J �'�.�.�– W 1 t.� W o�. 7��... �8�°Pt.-��-r n��7�.�d�.s ,� . . �vNl�v Cv 2 y �Z— Name of Reviewer: �� Title: Dt Date: _. , , . . _ . .. , . .� , v�� N11NNErO�� 'y , ' M • LAKE MINNETONKA CONSERVATiON DISTRICT O "--- - ----- ~ 18338 MINNETONKA BLVD. • DEEPHAVEN, MINNESOTA 55391 • TELEPHONE 952/745-0789 • FAX 952/745-9085 y 'SAYE TNE lABE" �� S�R�qTION �� Gregory S.Nybeck,EXECUTIVE DIRECTOR BOARD MEMBERS June 7, ZOO2 Bert Foster Chair,Deephaven Craig Nelson Vice Chair,Spring Park � 4 ��,�� Lili McMillan T0: Lakeshore Weekly News . Secretary,orono , pF ORONO Tom Skramstad Attn: Jason King, Editor(Legal Department) � Treasurer,Shorewood (Fax#473-0895} Bob Ambrose Wayzata =� /�,'J Douglas E.Babcock (//✓ � Tonka Bay FROM: Judd J. Harper,Administrative Technician �'' Orv Burma Mound SUBJECT: Public Hearing Notice (6/11/02 Edition) Tom Gilman Excelsior Paul Knudsen Minnetrista -rom seunt�ens LAKE MINNEtONKA CONSERVATION DISTRICT Minnetonka Beach Herb J.Suerth PUBLIC HEARING NOTICE woodia�d 7:00 PM, June 26, 2002 ttaty va�Hercke To►lka B8y City H811 Minnelonka Sheldon Wert 4901 Manitou Road Greenwood Fredrick and Michelle Pacovsky Variance Application 3186 North Shore Drive,Orono, MN Maxwell Bay, Lake Minnetonka The Lake Minnetonka Conservation District(LMCD) will hold a public hearing to consider a variance application from Fredrick and Michelle Pacovsky. The proposed application is for variance from LMCD Code for side setback and dock length requirements plus an adjusted dock use area.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. i� t�� 50%RecycledContent Web Page Address: http://www.lmcd.org 20�PostConsumerWaste E-mail Address: Imcd@Imcd.org LAKE MINNETONKA CONSERVATION DISTRICT June 20, 2002 T0: Board of Directors � FROM: Greg Nybeck, Executive Director �6� SUBJECT: Packovsky Variance Application gACKGROUND Fredrick and Michelle Packovsky, 3186 North Shore Drive, have submitted a variance application for Board consideration on Maxwell Bay in the City of Orono. The application has been submitted for variance from LMCD Gode for side setback and dock length requirements, pius an adjusted dock use area. Physical hardships of converging lot lines and shallow water were identified in the application submitted. Pursuant to LMCD Code, the attached public hearing notice was published in the 6/11/02 etlition of the Lakeshore Weekly News. The proposed dock would originate from what appears to be 27'of continuous 929.4' NGVD shoreline. The applicant �as submitted two proposed site plans, both with a "H" shaped dock, that would extend approximately 110' into the Lake from the 929.4 NGVD shoreline, with three Boat Storage Units (BSU's). The three BSU's include: 1) a 16' x 36.5'slip without a canopy, and 2) two tie-ons in front of the 16' x 36.5'slip for the storage of two jet skis. �ISCUSSION ;o 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 restrictions for dock length and minimum side setback requirements. 7he proposed site plan is not contained within the authorized dock use area for this site as defined by Gode. Maximum dock length at this site is 60'from the 929.4 NGVD shoreline. Minimum side setbacks from the extended side site lines at this site are 5'without a canopy and ZO'with a canopy. Because the proposed site plan does not comply with Code requirements for maximum dock length a minimum side setback requirements, and is not contained within the extended side site lines for this site, an application fior variance from Code is required for the Board to consider it. 2. Code Section 1.07 allows the Board to consider applications for variance from LMCD Code, including side setback, dock length, and adjusted dock use areas, provided the application of the Code causes the applicant a practical difficulty or a physical hardship. The Code states that the Board may permit a variance from its requirements, with conditions deemed necessary, provided such variance 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. A typical hardship considered by the Board for variance from Code for side setback requirements and an adjusted dock use area is converging lot line. A typical hardship for variance from LMCD Code for dock length requirements is shallow water. Section 1.07, subd. 3 states that length limitations prescribed by this ortlinance may be adjusted to allow the construction and maintenance of a dock in the Lake to a water depth of four feet, measured from the 929.4 feet NGVD, at the outer end of such dock to provitle adequate water depth for navigation. PACKOVSKY VARIANCE PUBLIC HEARING MEMO, 6/20102, PAGE 2 The applicant has requested a dock length variance of approximately 110'from the 929.4 NGVD shoreline. It appears that shallow water might be a physical hardship in this area of Maxwell Bay; however,the applicant did not document water depths at the dock use area for this site 60'from the 929.4 NGVD shoreline and at the end of the dock on the two proposed site plans. Water depths at similar lengths of the two abutting dock use areas are estimated at 3.2'to the west and 3.5'to the east. Staff believes that the water depth measurements at this site need to be documented by the applicant. !n addition to the fength variance,the applicant would need some combination of adjustment of lot line extensions (reducing the area available to the neighbors on one side or both sides)and setback reductions. The impact on dock storage rights of the neighbors could be reduced by granting side setback variances to the neighbors or by changing the configuration of the applicant's dock, or both. An aiternative dock design, possibly a straight dock with all watercraft stored on one-side of the dock, might �e more appropriate for this site. 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 6/14/02, with comments due in the District o�ce by 6/24/02. To date, the District has not received feetlback from either the MN DNR or the City of Orono on the proposed variance application. RECOMMENDaTfON , Staff has the foliowing recommendations or comments: • The Board could approve the dock length variance from Code, provided the applicant can document that the water depth at the end of the proposed dock would not exceed four feet, measured from the 929.4' NGVD. � Staff believes that there is a physical hardship to grant an adjusted dock use area variance; however, the Board should take into consideration how it would impact the abutting property owners. The abutting property owners have expressed concern with the proposed site plans and the Board might want to consider an amended site plan that would have less impact on them. . � . 4 � U�� : ii �+j ��.._ , VARIANCE APPLICATION ,I Lake Minnetonka Conservation District L JUN 0 5 2002 ,'� 18338 Minnetonka Blvd. �' � • -� � Deephaven, MN 55391 �� — --- � • .�-.-.___W..._._-----: - � �� 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 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 o properiy owner circle one). ",� , " �� Applicant: t��C�1't.�C� l.t,�-�d�. I u�1 � kCt��fS� . Address: _� � '0 � 1\0�'�C1`.... ��`�U►'�P.� 1`�1�'t 4'c` r City, State, Zip: ��1� ►�'1v �� I Phone: �u`�"`tt l��- �'�.�(D Fax: C � - C �- Lt� Property, owner (if different from applicant): rnc�� 1;,,.� �.,,, l �",, �---- Address: � ��-i�c-,".)l� 1 �`��1,16u.�' � �t � City, State, Zip: _ �x-�'1NJ(� , � (� C�(� Phone: Fax: PROPERTY LOCATION: The property is located in the city of: ��v The property is riparian to LMCD bay/area( ): a LMCD Area Identification Number(s): ' L TYPE OF VARIANCE: 1� k�A.� Q�,r'�� ,p�(�.��,p�� State practical diffic Ities and h rd ips ausing variance tb ble required: i �. �. �c�.e�.� �.�.�,- v • � r a� �-' a-- o �csnv�e�� t,� 1 a�li�s - . � � Page 1 of 3 u { . , J . Variance Application ABUTTING LAKES O E P OP�R Y O�111 S: ' North or West• " S 1 V -� � OY �t�. (Name and ailing address) � Gt�� ')') S�3° 1 � (j South or East: Qh.Q, � Q(� ��pT��YP �!/�'I u� (N me and m ' g address) ��,-tw m�! ��r 1 i Other affected parties (attach sheet if necessary): �, .�.�,�.s� '►'�� ,�ui.p �. (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 Hennepin County Auditors Offices, (612) 348-59'i 0 (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 caliing 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 witti 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, Scaie, 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 signi�cant 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).................................+$2�p�n ,� rrn � � =�► j� �;' , JUN 0 5 2002 !- �� Page 2 of 3 �" L'� �Y .._..- __._ t � . . Variance Application TOTAL FEE ENCLOSED...... (this fee is for processing of the , application and does not entitle the applicant to a variance).................. 500.00 1 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. 1 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. ) agree submit a certified, as-built survey upon completion of the docks. � 5 � Auth �zed Sign ure Date � Title Return this apptication,attachments and fee to: Relationship to Owner Lake Minnetonka Conservatioa District 18338 Minnetonka Blvd. Deephaven, MN 55391-3232 Fax: (952)745-9085 ! � � (� � � �1 ,��;� ' �;�f �i�, �u�v a 5 Zooz �. �t � � �� Page 3 of 3 _��.� �f/� �SL��. �o �'� �I�� G�.�� o�o�o-�� 4� 45� GOVT LOT t � � s GOVT L07S t& 2 �OVT �pr � I �` '�0 .D i --- •. , � � � � ��; � , I � + � � � a ,,�° ;,,�-}--- ; � - .� � � . � ' n� , a+ � ----�------------------ =�_�. 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A �t� R�1 . ��iy�• � � ��ryv (�� I: �, ', `r `.�' ixi� � , �} ds ��:c,,.�� , u� J�p 1: �� JUN 0 5 2002 �,� i. � • . :5 .. ��+�. �n+�oo �X,,.r � �i. � ��•a �o� "+► tL1Li , � rc� 'y" ; �- .w .T�� 'n`' ."""_"'�-^-- _� - ��__� `,� � - ! - ;, ,; _ � �'� , _ . � . �` � � � � o� �� l��PC�SED � JU��I G ___. � : ; � DOCK LOCATION & WATER DEPTH SKETCH FOR FRED PAC � VSKY IN LOT 6, BLOCK 2, CRYSTAL BAY PARK HENNEPIN COUNTY, MINNESOTA LAKE N�INNET�NKA L.ucE 90TTOM �(825.9) � MAXWELL BAY i i i i i i i ► i �3.s �.�i i i i i i � i i � oi i � �i � o.�S--3� � �f-6.�S � /6.0 eorta� � �925b) i I 0�� _::.. ��, 1 ``v\G ��9262) I �C \��\1` .........................................1......_h..... � :.. � * I / � Z' 1. I o `' � % � I ° � � �� a _ I , I �o� ti � CONT � I � LWE io.; r� I I /�.S j �`�, I ..6J y0 I � . 3 SI �...63 4 � ' � � .;' :Z � �.co. uc.vnEA COf3+ER i� ��/ � ( A , I HEREBY CERTIFY THAT TWS PLAN, SPECIFICATION, OR REPORT SCAIE OES�GNEO REVISION OATE DESCRPTION GRONB�RG & ASSOCIATES INC. WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND � _ � THAT I AM A DUIY LICENSED PROFESSIONAL ENGPJEER ANO LADq DATE DRAWN COMSULTING ENGk4EERS,IANC SIAtVEYORS,SITE PIANNERS ��EYOR UNOER TIE LAWS OF THE SiATE Of 11MFSOiA 5-31-02 ECD 4a5 N. WILLOW DR. LONG LAKE, MN. 55356 �oe r�o. CHECKED 952—h73-41h1 � 02-232 MSG onTe 1=,�/-,02 AW UCENSE NUMDER �?�r , 02-232 � PROPOSED DOCK LOCATION & WATER DEPTH SKETCH FOR FRED PA �� VsKY IN LOT 6, BLOCK 2, CRYSTAL BAY PARK HENNEPIN COUNTY, MINNESOTA LAKE MINNET�NKA �� BOTTW �(923.9) MAXWELL BAY I 35 3•5, J n � O � a < 0 �� eort (sn.a `R.0 ��, - � pOCKs � '(9263) � k 1S�1t�� ..................._�_..........�,..............EX �v �. . �, �� :. � o� �. a , , - _;, �� ; � ' �ONTOiJRs � `��'.' - � i �; � �,,-• � � ; �..�3 4 M�! � � :, � �` .�� `;� f re...s o. v�� : . / I � �', � :,�� .�� o. ��a CORIER i+ �_I Y Bi OESICNED REVISiON Oa7E DESCRiPTION I HEREBY CERTIfY THAT TWS PLAN, SPEC�ICATION, OR REPORT SCnLE GRONBERG & ASSOCIATES INC, WAS PREPARED BY ME OR UNDER MY DIRECT SI�ERVISION AND 1"=2O' � THAT I AM A DULY LICENSED PROFESSIONAL ENCNEER AND LAND OATE pRAWN Co�ISUITNC ENCINEERS,LAND SURVEYORS,SITE PLANNERS �RVEYOR UNDER TF�LAWS OF hE STATE OF IPt�£SOTA. 5�3�-02 ECD hh5 N. WIILOW DR. LONG LAKE, MN. 55356 J08 N0. Ct£CKED 952-473-h 1 h 1 ' MSG DATE � -�/-/�T MN LICENSE NIRABER �2'�r�' 02-232 02-232 � j� ___.....------- �_ __ � } �a �i �� - `�.i i � ;! . . ,- i` �:' , � .a u r�, :1 -� � :.�?,�.: �� ; -