11-14-2022 Council Packet - Laserfiche WebLink

Home Browse Search

Date Application Received: 08/02/2022 Date Application Considered as Complete: 09/23/2022 60-Day Review Period Expires: 11/22/2022 To: Chair McCutcheon and Planning Commission Members Adam Edwards, City Administrator From: Melanie Curtis, Planner mcc Date: 17 October 2022 Subject: #LA22-000042, Shawn Wischmeier, 540 Big Island, CUP – Permanent Dock Public Hearing Background The applicant owns a seasonal residence on Big Island. They wish to install a permanent dock. Because of the permanent nature of the dock structure within the floodway, a conditional use permit (CUP) is required. The Lake Minnetonka Conservation District (LMCD) regulates docks on the Lake. CUP (Section 78-1117) Floodway means the bed of a wetland or lake and the channel of a watercourse and those portions of the adjoining floodplain which are reasonably required to carry or store the regional flood discharge. Permanent docks may be allowed as a conditional use within the floodway following the standards and procedures set forth in City Code Section 78-1148 and further subject to the standards set forth in Code Section 78-1119. The applicant’s request is on the LMCD schedule for a public hearing on Wednesday, November 9th meeting. The LMCD has not yet fully processed the application; however, the proposed dock will extend approximately 100 feet from the shore, and appears that it will meet all LMCD-required setbacks. Conditional Use Permit (Sections 78-916 & 78-1119) The Planning Commission may recommend and the Council may grant a Conditional Use Permit (CUP) as the use permit was applied for or in modified form. On the basis of the application and the evidence submitted, the city must find that the proposed use at the proposed location is or will be: 1) Consistent with the community management plan; Docks are anticipated accessory uses on lakeshore residential properties. This criterion is met. 2) Compliant with the zoning code, including any conditions imposed on specific uses as required by article V, division 3 of the City Code; Docks are listed as allowed accessory uses in residential zoning districts. This criterion is met. 3) Adequately served by police, fire, roads, and stormwater management. This criterion is met. 4) Provided with an adequate water supply and sewage disposal system; Not applicable. 5) Not expected to generate excessive demand for public services at public cost; The permanent dock is not expected to generate an excessive demand for public services. This criterion is met. Application Summary: The applicant is requesting approval of a conditional use permit for a permanent dock. Staff Recommendation: Planning Department Staff recommends approval with conditions.