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