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FILE # LA21-000071 <br />18 January 2022 <br />Page 4 of 4 <br /> <br />Permanent docks (i.e. those docks with permanent pilings which cannot be removed without <br />heavy equipment) sometimes result in requests by property owners for winter de-icing, to avoid <br />ice damage. The LMCVD regulates winter de-icing. The proposed dock will be located in a fairly <br />well protected area, so the potential for ice damage or the need for de-icing is relatively <br />minimal. There appear to be other permanent docks in the area, and the city has received no <br />documented problems or issues. <br /> <br />Another potential concern would be whether the work is in a sensitive habitat or spawning area, <br />and whether the permanent dock might affect navigation or winter vehicular traffic on the lake. <br />The LMCD is request additional information regarding the lake depth within the surrounding areas <br />of the proposed permanent dock. LMCD will review the location to ensure the waterway is <br />navigable in the lagoon area. The LMCD had commented that the dock shape and proposed <br />location may change to ensure lake accessibility. <br /> <br />Public Comments <br />To date, no public comments have been received. <br /> <br />Issues for Consideration <br />1. Does the Planning Commission find that that the property owner proposes to use the <br />property in a reasonable manner? <br />2. Does the Planning Commission find that the CUP, if granted, will not alter the <br />essential character of the neighborhood? <br />3. Does the Commission find it necessary to impose conditions in order to mitigate the <br />impacts created by the granting of the requested CUP? <br />4. Are there any other issues or concerns with this application? <br /> <br />Planning Staff Recommendation <br />Staff recommends approval of the conditional use permit for construction of the proposed <br />permanent dock subject to the following conditions: <br />1. The dock may be allowed as long as it continues to be permitted by the LMCD and DNR <br />and is in conformity with the rules and regulations of those agencies; and <br />2. The dock is not to be used for commercial purposes or rented. <br /> <br />List of Exhibits <br />Exhibit A. Application <br />Exhibit B. Survey and Aerial Images <br />Exhibit C. Dock Plans <br />Exhibit D. Property Owners List and Map <br /> <br /> <br />