04-12-2021 Council Packet - Laserfiche WebLink

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AGENDA ITEM Prepared By: mcc Reviewed By: J. Barnhart Approved By: 1. Purpose. This application is regarding a permit to place a private dock on city right-of-way on Big Island. 2. MN§15.99 Application Deadline. The application was received on February 8th and considered to be complete on February 16th. Therefore the initial 60-day review timeline has been extended, and the review period now expires on June 16, 2021. 3. Background. The applicants own 480 Big Island, a non-lakeshore property on Big Island. Pursuant to City Code Section 78-567, the applicants request approval to place a private dock on the right-of-way (Bay Place). Big Island is zoned RS, which is the only district where a non-lakeshore property is permitted access to the lake; the city may issue a permit for a dock in the right of way, or the property owner may obtain an easement over private property. 4. Summary. The layout of Big Island includes a system of platted, undeveloped city rights-of-way including some that terminate at the lake shore. The rights-of-way are utilized for pedestrian access throughout the island, for access to inland properties, and for property owners to receive delivery of materials and services where access from the lake is challenging (i.e. septic pumping and installation). The city does not maintain the rights-of-way and the clearing of vegetation beyond what is necessary to support pedestrian access is not supported or permitted. The majority of properties owned on the island are lakeshore properties or, if inland, are owned in kind with a lakeshore property. The Code provides for those limited number of non-lakeshore, inland lots to gain access via a private dock installed on a city right-of-way via a permit issued by the City Council. Historically, only two dock permits have been issued: Resolution 4456 attributed to and shared by 220 and 130 Big Island granted in 2000; and Resolution 2038 attributed to 230 Big Island granted in 1986 (both attached as Exhibit D). Until the current application, no other requests have been approved to staff’s knowledge. Council may recall, in 2019, a request for a dock on right-of-way was made on the western portion of Big Island (#LA19-000086). That property owner had been historically utilizing an informal easement over a neighboring lakeshore property. As a result of this request, the City proceeded with a text amendment to the Subdivision Regulations (Chapter 82) to facilitate the creation of a legal lake access easement only in the RS District; this was added to the Code in 2020. The text amendment resolved the access issue and that right-of-way permit request was withdrawn. 5. Planning Commission Vote and Comment. On March 15, the Planning Commission held a public hearing. During the public hearing a number of comments were provided by the public. The Commission felt there were a number of outstanding issues requiring further research and discussed tabling the request. However, following the public hearing the Planning Commission voted 5-1-1 [5 in favor, 1 opposed (Ressler), 1 abstain (Bollis)] on a motion to deny the application. 6. Public Comment. Written comments from the public are attached as Exhibit F. Several members of the public attended the public hearing. Some of their concerns are summarized below. Council should reference the draft Planning Commission minutes (Exhibit E) and the video from the public hearing to review the public comments in their entirety. Item No.: 17 Date: April 12, 2021 Item Description: LA21-000017 – Joseph & Sara Thull, 480 Big Island, Permit for Dock on City ROW (Bay Place) Presenter: Melanie Curtis Planner Agenda Section: Planning Department Report