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Date Application Received: 11/3/2021 <br />Date Application Considered as Complete: 12/3/2021 <br />60-Day Review Period Expires: 02/1/2022 <br /> <br /> <br />To: Chair Kirchner and Planning Commission Members <br /> Adam Edwards, City Administrator <br /> <br />From: Laura Oakden, Planner <br /> <br />Date: January 18, 2022 <br /> <br />Subject: LA21-000071, Paul Tauton, 3600 Ivy Place, Conditional Use Permit <br />Public Hearing <br /> <br /> <br />Background <br />The applicant wishes to install a permanent dock. Because of the permanent nature of the dock <br />structure within the floodway, a conditional use permit (CUP) is required. The Lake Minnetonka <br />Conservation District (LMCD) regulates docks on the Lake. <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. The LMCD has not yet issued the <br />permit; however, the proposed dock will extend approximately 70 feet from the shore. The <br />LMCD noted some layout changes may be required depending on the depth of the lake, but <br />suggested a permanent dock could meet all LMCD standards for the parcel. <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 />3) Adequately served by police, fire, roads, and stormwater management. This criterion <br />is met. <br />4) Provided with an adequate water supply and sewage disposal system; Not applicable. <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.