11-14-2022 Council Packet - Laserfiche WebLink

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MINUTES OF THE ORONO PLANNING COMMISSION October 17, 2022 6:00 o’clock p.m. _____________________________________________________________________________________ 2. LA22-000042 SHAWN WISCHMEIER, 540 BIG ISLAND, REQUESTS A CONDITIONAL USE PERMIT FOR A PERMANENT DOCK PLACED WITHIN THE FLOODPLAIN. (STAFF: MELANIE CURTIS) Shawn Wischmeier, Applicant, was present. Curtis gave a presentation on the item, stating the Applicant owns a seasonal residence on Big Island and wishes to install a permanent dock. Because of the permanent nature of the dock structure within the floodway below the 100- year floodplain elevation, a conditional use permit (CUP) is required. The Lake Minnetonka Conservation District (LMCD) regulates docks on the Lake. Curtis noted the City has been delegated to enforce floodplain regulations of the DNR and FEMA. Permitted docks may be allowed as a conditional use within the floodway following standards and procedures set forth in the City Code. The request is also on the LMCD’s schedule for a public hearing on Wednesday, November 9, 2022. In speaking with Staff it appears the dock will meet all the LMCD’s setbacks. To date, no public comments have been received. Staff recommends approval of the conditional use permit for construction of the proposed permanent dock subject to the following conditions: 1. The dock may be allowed as long as it continues to be permitted by the LMCD and DNR and is in conformity with the rules and regulations of those agencies; and 2. The dock is not to be used for commercial purposes or rented; 3. A building permit is required for the installation of the permanent dock. Libby asked about the Minnehaha Creek Watershed District (MCWD) noting he does not see comment or remarks from them. Curtis noted she does not know which portion would be permitted by the MCWD as it is not affecting their riprap area. Libby noted a third element with the MCWD would make him more comfortable supporting this. Curtis stated for permitting they are required to approach the District to seek out whether they are required to get a permit from the District. She noted the Applicant will be asked to have a conversation with the District at the time of the City’s permitting when the dock is installed. Libby recommends that it be added to the conditions of the approval to review any aspects of environmental affect. Curtis clarified that will be done at the time of permitting. Libby responded that it makes him feel more comfortable. Chair McCutcheon opened the public hearing at 6:23 p.m. There were no public comments. Chair McCutcheon closed the public hearing at 6:23 p.m. Kirchner asked about the de-icing. Mr. Wischmeier, 110 Sunrise Avenue, Tonka Bay, noted he does not need a de-icing permit as he owns the Caribbean Marina across the bay and runs icebreaking boats to protect the permanent docks at the marina. They will break the ice at his property, also. Ressler moved, Libby seconded, to approve LA22-000042, 540 Big Island, Conditional Use Permit for a permanent dock placed within the Floodplain based on Staff recommendation. VOTE: Ayes: 6, Nays 0.