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Date Application Received: 01/22/19 <br />Date Application Considered as Complete: 01/22/19 <br />60-Day Review Period Expires: 03/23/19 <br /> <br />To: Chair Thiesse and Planning Commission Members <br /> Dustin Rief, City Administrator <br /> <br />From: Melanie Curtis, Planner mcc <br /> <br />Date: 19 February 2019 <br /> <br />Subject: #LA19-000003, Fine Line Docks o/b/o Thomas & Kelsey Hamilton, <br />1795 Fox Street, CUP <br />Public Hearing <br /> <br /> <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 /> <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 /> <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 />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.