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Date Application Received: 01/22/19 �Ot VO <br /> Date Application Considered as Complete:01/22/19 <br /> 60-Day Review Period Expires: 03/23/19 <br /> To: Chair Thiesse and Planning Commission Members <br /> Dustin Rief, City Administrator <br /> 'IkEs H o4cc <br /> From: Melanie Curtis, Planner 11'1GG <br /> Date: 19 February 2019 <br /> Subject: #LA19-000003, Fine Line Docks o/b/o Thomas & Kelsey Hamilton, <br /> 1795 Fox Street, CUP <br /> Public Hearing <br /> Application Summary: The applicant is requesting approval of a conditional use permit for a <br /> permanent dock. <br /> Staff Recommendation: Planning Department Staff recommends approval. <br /> Background <br /> The applicant wishes to install a permanent dock through the wetland area to reach the open <br /> water of the Long Lake Creek channel. Because of the permanent nature of the dock structure <br /> within the floodway, a conditional use permit (CUP) is required.The dock does not fall under <br /> LMCD jurisdiction.A DNR aquatic vegetation management permit has been issued for the cattail <br /> removal. The proposed dock will extend approximately 195 feet from the shore. <br /> Applicable Regulations: <br /> CUP (Section 78-1117) <br /> Floodway means the bed of a wetland or lake and the channel of a watercourse and those <br /> portions of the adjoining floodplain which are reasonably required to carry or store the regional <br /> flood discharge. Permanent docks may be allowed as a conditional use within the floodway <br /> following the standards and procedures set forth in City Code Section 78-1148 and further <br /> subject to the standards set forth in Code Section 78-1119. <br /> Wetland- Permitted Uses (Section 78-1606) <br /> A dock not exceeding 8 feet in width,which provides reasonable access to the lakeshore, is <br /> permitted through the wetland. <br /> Conditional Use Permit(Sections 78-916&78-1119) <br /> The Planning Commission may recommend and the Council may grant a Conditional Use <br /> Permit (CUP) as the use permit was applied for or in modified form. On the basis of the <br /> application and the evidence submitted,the city must find that the proposed use at the <br /> proposed location is or will be: <br /> 1) Consistent with the community management plan; Docks are anticipated accessory <br /> uses on lakeshore residential properties.This criterion is met. <br /> 2) Compliant with the zoning code, including any conditions imposed on specific uses as <br /> required by article V, division 3 of the City Code; Docks are listed as allowed <br /> accessory uses in residential zoning districts.This criterion is met. <br />