amendment to conservation easement

Home Browse Search

REQUEST FOR COUNCIL ACTION Date: May 9,2012 Item No. // Department Approval: Ad inistrator Approval: Agenda Section: Name: Michael P. Gaffron Planning&Zoning Title: Asst. City Administrat r Item Description: John Crotteau, 1405 Sixth Avenue North - Request for Amendment to Conservation Easement Zoning District: LR-1A Single Family Lakeshore Residential list of Exhibits: ExhibitA - Applicant's Request and Sketch Exhibit 8- 1979 Flowage &Conservation Easement Exhibit C- Sketch/Survey Depicting Easement Boundaries Exhibit D- Area Map Exhibit E- Topographic map Exhibit F- Zoning Code Sections 78-1606&78-1607 Exhibit G- Airphotos Background In 1979 the City approved a subdivision of property at 1405 Sixth Avenue North to create two large buildable lots - one lakeshore lot and one abutting County Road 6. A requirement of that subdivision approval was granting to the City a Flowage and Conservation Easement encompassing wetlands within the peninsula extending into Long Lake on the southerly parcel, and wetlands/creek located in the northerly parcel. That easement was granted and recorded as Document #1378053 (see Exhibit B). The portion of the easement in question is depicted in Exhibit C. The area of the easement is a low peninsula extending into Long Lake at the base of a bluff. The residence on the property is above the top of the bluff, and the dock serving the property extends southeasterly from the shore at the base of the bluff. Mr. Crotteau is contemplating a sale of a portion of his peninsula property to the adjacent owner directly to the east. The portion to be sold includes the shoreline from which Crotteau's dock currently extends. He would like to relocate his dock to the west side of the peninsula, which means he would have to construct a lengthy dock or walkway through the wetland. Until 2005 this would have been prohibited via the Zoning Code as well as via the existing Conservation Easement which states in Paragraph lA: "No structure shall be constructed, erected or placed upon, above, or beneath the Land including without limitation, fences, fireplaces, steps, docks, piers, hard-cover or roads of any nature whatsoever, or any other structure or improvement inconsistent with the natural state of the Land. " However, in 2005 the City's wetland ordinances were completely updated. The City's current ordinance since 2005 states that "Docks which provide reasonable access to the lakeshore and do not exceed 8 feet in width" are now a permitted use in the Wetland Overlay District. Mr. Crotteau is now seeking