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Date Application Received: 09/19/17 Date Application Considered as Complete: 09/19/17 60 -Day Review Period Expires: 11/18/17 To: Chair Thiesse and Planning Commission Members Dustin Rief, City Administrator From: Melanie Curtis, Planner h'1GG Date: 16 October 2017 Subject: #17-3975, Kelly Hanson, 1284 Wildhurst Trail, Conditional Use Permit Public Hearing Application Summary: The applicant is requesting approval of a conditional use permit for a permanent dock. Staff Recommendation: Planning Department Staff recommends approval. Background The applicant is currently building a new home on the vacant property. In addition, they wish to install a permanent dock. Because of the permanent nature of the dock structure within the floodway, a conditional use permit (CUP) is required. The Lake Minnetonka Conservation District (LMCD) regulates docks on the Lake. Applicable Regulations: CUP (Section 78-1117) Floodway means the bed of a wetland or lake and the channel of a watercourse and those portions of the adjoining floodplain which are reasonably required to carry or store the regional flood discharge. Permanent docks may be allowed as a conditional use within the floodway following the standards and procedures set forth in City Code Section 78-1148 and further subject to the standards set forth in Code Section 78-1119. The LMCD has not yet processed the application fully; however, the proposed dock will extend approximately 100 feet from the shore, and appears that it will meet all LMCD-required setbacks. Conditional Use Permit (Sections 78-916 & 78-1119) The Planning Commission may recommend and the Council may grant a Conditional Use Permit (CUP) as the use permit was applied for or in modified form. On the basis of the application and the evidence submitted, the city must find that the proposed use at the proposed location is or will be: 1) Consistent with the community management plan; Docks are anticipated accessory uses on lakeshore residential properties. This criterion is met. 2) Compliant with the zoning code, including any conditions imposed on specific uses as required by article V, division 3 of the City Code; Docks are listed as allowed accessory uses in residential zoning districts. This criterion is met. 3) Adequately served by police, fire, roads, and stormwater management. This criterion is met.