04-12-2021 Council Packet - Laserfiche WebLink

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AGENDA ITEM Prepared By: mcc Reviewed By: J. Barnhart Approved By: Identified Concerns during the Hearing: • Lot of Record/Buildability: Prior to 2011, the City considered lots which were significantly substandard in area/width to be unbuildable. A property owner could apply for a variance but our standards for approval were different and more stringent than they are currently as guided by the State Statue. In or around 2011, the State updated the statutes regarding nonconforming properties as far as buildability was concerned, particularly in the Shoreland. The Statute revisions outlined minimum guidelines for determining buildability and when/if a variance would be required from local zoning standards. Following the Statute updates the City’s code was updated to be in line with the revised allowances and standards. • Tree removal: A number of the public comments referenced tree removals in the right-of- way. The applicants have not proposed removal of any trees within the walking path from the proposed dock location to their lot. If trees become a concern, the applicants understand that the City requires permits and approvals for any tree removals within the 75-foot setback and within the City’s right-of-way. • Wetland: Comments were made that the intended dock location is a Key Conservation area, as determined by the MCWD. The MCWD mapping indicates that a majority of Big Island is classified as a Key Conservation Area. Pending confirmation from the MCWD, Staff notes that there do not seem to be specific regulations regarding the Key Conservation Areas. • Island Access for Construction/Contractors: The applicants chosen location is not what is considered the common/primary access for deliveries of materials, septic and well drilling contractors, etc., that location is the improved right-of-way situated between 450 and 460 Big Island. A dock in this location would block this historical access. • Permit 2038 revocation: The wording in Resolution 2038 is clear. “Should there be any other requests from inland property owners to use this site for the installation of a dock to their properties, this permit is automatically revoked…” although not the applicants’ intent, their request to install a dock on this location triggers this revocation. The applicants’ amended request to install a dock and share the use of the dock with the owners of 230 Big Island appears to provide a solution, though when pressed by the Commission, the owner of 230 Big Island does not wish to share. • Winter Dock Storage: Most property owners store their private docks on their lakeshore properties. In keeping with the spirit of this practice, the applicants have proposed a storage location on this right-of-way, on the south side of the corridor, out of the way of any winter access needs. • Other inland properties: There are only two additional interior lots on this portion of the island (490 and 500 Big Island) without lake access who may, in the future, request a permit for a dock on right-of-way. The other remaining inland properties on the east side are in common ownership with a lakeshore property, thus providing the opportunity for a dock. 7. Staff Recommendation. Staff recommends approval of a dock to be shared by the applicants and the owners of 230 Big Island, with the following conditions: a) The location of the installed dock shall be approved by the LMCD, and shall be approved by the City Administrator. b) The permit issued shall be valid for one year, and shall be subject to change, alteration or revocation for cause by the council at any time, and shall be automatically renewable on the anniversary of the date of issuance except upon written notice from the city to the permittee at least 30 days prior to