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FILE # LA22-000042 <br />17 October 2022 <br />Page 3 of 4 <br /> <br /> <br />structures must be adequately anchored to prevent flotation, collapse or lateral <br />movement and designed to equalize hydrostatic flood forces on exterior walls. <br />(6) As an alternative, an accessory structure may be internally/wet floodproofed to the FP3 or <br />FP4 floodproofing classifications in the state building code, provided the accessory <br />structure constitutes a minimal investment and does not exceed 576 square feet in size. <br />Designs for meeting this requirement must either be certified by a registered professional <br />engineer or meet or exceed the following criteria: <br />a. To allow for the equalization of hydrostatic pressure, there must be a minimum of <br />two "automatic" openings in the outside walls of the structure, with a total net area <br />of not less than one square inch for every square foot of enclosed area subject to <br />flooding; and <br />b. There must be openings on at least two sides of the structure and the bottom of all <br />openings must be no higher than one foot above the lowest adjacent grade to the <br />structure. Using human intervention to open a garage door prior to flooding will not <br />satisfy this requirement for automatic openings. <br />(d) Structural works for flood control that will change the course, current or cross section of <br />protected wetlands or public waters are subject to the provisions of Minn. Stat. § 103G.245. <br />(e) A levee, dike or floodwall constructed in the floodway must not cause an increase to the one <br />percent chance or regional flood. The technical analysis must assume equal conveyance or <br />storage loss on both sides of a stream. <br />(f) Floodway developments must not adversely affect the hydraulic capacity of the channel and <br />adjoining floodplain of any tributary watercourse or drainage system. <br />A CUP may be granted subject to such conditions as the Council may prescribe. Additionally, a <br />CUP shall remain in effect as long as the conditions imposed by the City Council are observed, but <br />nothing in this section shall prevent the city from enacting or amending official controls to change <br />the status of conditional uses. <br /> <br />Conditional Use Permit Analysis <br />Orono’s concurrent jurisdiction over permanent docks is primarily via the City’s floodplain <br />regulations, which provide no significant standards pertinent to the approval of permanent docks. <br />Both permanent and seasonal docks fall under the zoning category of accessory structures, so with <br />the exception of the RS District, one cannot have a permanent or seasonal dock without a principal <br />residence structure. This property is zoned RS- Seasonal Recreation, there is a seasonal principal <br />residence on the property. <br /> <br />There are no specific Building Code construction standards for docks. The City will require that a <br />zoning permit be issued to document the existence and construction of the permanent dock. <br /> <br />Permanent docks (i.e. those docks with permanent pilings which cannot be removed without heavy <br />equipment) sometimes result in requests by property owners for winter de-icing, to avoid ice <br />damage. The applicant has not indicated there will be a need for winter de-icing, but should be <br />asked to confirm this. There are other permanent docks on Big Island, 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, and <br />whether the permanent dock might affect navigation or winter vehicular traffic on the lake. Neither