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FILE#LA19-000003 <br /> 19 February 2019 <br /> Page 4 of 4 <br /> action of this CUP.The portion within the wetland is limited to 8 feet maximum width; as <br /> proposed the dock is 3.5 feet wide with a 7' x 20' platform on the end at the open water. <br /> Permanent docks (i.e.those docks with permanent pilings which cannot be removed without <br /> heavy equipment) sometimes result in requests by property owners for winter de-icing,to avoid <br /> ice damage.The proposed dock will be located in a fairly well protected area,so the potential <br /> for ice damage or the need for de-icing is relatively minimal. There appear to be other <br /> permanent docks in the area, and the city has received no documented problems or issues. <br /> Another potential concern would be whether the work is in a sensitive habitat or spawning area, <br /> and whether the permanent dock might affect navigation or winter vehicular traffic on the lake. <br /> Other than the aquatic vegetation management covered under the DNR permit, neither of the <br /> above concerns appear to apply to this application. <br /> Public Comments <br /> Public comments were received and are attached as Exhibit G. <br /> Issues for Consideration <br /> 1. Does the Planning Commission find that that the property owner proposes to use the <br /> property in a reasonable manner? <br /> 2. Does the Planning Commission find that the CUP, if granted, will not alter the <br /> essential character of the neighborhood? <br /> 3. Does the Commission find it necessary to impose conditions in order to mitigate the <br /> impacts created by the granting of the requested CUP? <br /> 4. Are there any other issues or concerns with this application? <br /> Planning Staff Recommendation <br /> Staff recommends approval of the conditional use permit for construction of the proposed <br /> permanent dock subject to the following conditions: <br /> 1. The dock may be allowed as long as it conforms to the permit issued by the DNR and is in <br /> conformity with the rules and regulations of applicable agencies; and <br /> 2. The dock is not to be used for commercial purposes or rented. <br /> List of Exhibits <br /> Exhibit A. Application Summary <br /> Exhibit B. Narrative <br /> Exhibit C. Survey <br /> Exhibit D. Dock Plans <br /> Exhibit E. DNR Aquatic Plant Management Permit <br /> Exhibit F. MCWD Correspondence <br /> Exhibit G. Other Jurisdictional Emails <br /> Exhibit H. Neighbor Comments <br /> Exhibit I. Property Owners List <br /> Exhibit J. Plat Map <br /> Exhibit K. Aerial Photos <br />