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AGENDA ITEM <br />Prepared By: mcc Reviewed By: LLO Approved By: <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />1. Purpose. This application is regarding a conditional use permit (CUP) for a permanent dock. <br /> <br />2. MN§15.99 Application Deadline. The application was received on August 2, 2022 and considered <br />to be complete on September 23, 2022. Therefore the 60-Day review period expires on November 22, <br />2022. <br /> <br />3. Background/ Summary. The applicant owns a seasonal residence on Big Island. They wish to <br />install a permanent dock. Because of the permanent nature of the dock structure within the floodway, a <br />CUP is required. The Lake Minnetonka Conservation District (LMCD) regulates docks on the Lake. <br />Permanent docks may be allowed as a conditional use within the floodway following the standards and <br />procedures set forth in City Code Section 78-1148 and further subject to the standards set forth in Code <br />Section 78-1119. The applicant’s request was scheduled to be heard by the LMCD Board at a public <br />hearing on Wednesday, November 9th. The proposed dock will extend approximately 100 feet from the <br />shore, and appears that it will meet all LMCD-required setbacks. The applicant will be required to follow <br />all LMCD rules and approvals. <br /> <br />4. Planning Commission Vote and Comment. On October 17, 2022, the Planning Commission held a <br />public hearing. Following the public hearing the Planning Commission voted 6 to 0 on a motion to <br />approve the conditional use permit subject to following conditions: <br />a. The dock may be allowed as long as it continues to be permitted by the LMCD and DNR and is in <br />conformity with the rules and regulations of those agencies; and <br />b. The dock is not to be used for commercial purposes or rented. <br />c. A permit is required for the installation of the permanent dock. <br /> <br />5. Public Comment. No comments from neighbors were received. <br /> <br />6. Staff Recommendation. Staff recommends approval. <br /> <br />COUNCIL ACTION REQUESTED <br />Motion to adopt Resolution No. 7311. <br /> <br />Exhibits <br />A. Draft Resolution No. 7311 <br />B. Proposed Plans <br />C. Draft PC Minutes <br />D. MCWD Comment <br />E. Public Comment <br />F. PC Staff Report 10/17/2022 <br /> <br />References <br />PC Exhibits 10/17/2022 <br />A. Application <br />B. Survey <br />Item No.: 10 Date: November 14, 2022 <br />Item Description: LA22-000042 – Shawn Wischmeier, 540 Big Island, <br />CUP for Permanent Dock – Resolution No. 7311 <br />Presenter: Melanie Curtis <br />Planner <br />Agenda <br />Section: <br />Consent Agenda