07-15-1991 Planning Packet - Laserfiche WebLink

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Zoning File #1606 November 14, 1990 Page 4 advertisements of Big Island, Inc. advertising the recreational use and once again submitted a letter to Big Island, Inc. to file for the necessary conditional use permit. Since it's operation the City has received no negative comments from adjacent' property owners nor have any other property owners on Big Island. Exhibit Q, the letter from the Erickson's attorney, is mayoe the first input received from an affected neighboring land owner. In a recent inspection of the facility in October by the septic staff, they noted nothing unusual on the property and appeared a simple, low profile day recreational use at least at the current membership use. The survey information submitted for the application is incomplete as the 929.4 elevation has not been shown so it is impossible to determine an accurate area calculation of the dry buildable. The wetlands map (Exhibit G) of the City designates the wetland areas and may be used by the surveyor in determining the dry buildable. Review Exhibits G and P. It would appear that designated wetlands areas have been included in area B calculated as dry buildable. It may be necessary for the Orono staff and a representative of the DNR to determine wetlands areas adjacent to the lakeshore. The dry buildable area has become an issue as we have conflicting information regarding area calculations for the past 10 years as already noted above. Prior to the Planning Commission acting on this application, we must receive an updated survey designating both the 929.4 elevation and the actual extent of the surrounding wetlands so that the dry buildable area can be confirmed. The 929.4 elevation must be designated in order for the City to determine if the swimming dock is located below the Ordinary High Water Mark and to define the jurisdiction of the LMCD and the City of Orono in the consideration of the swimming dock. Review of Application The applicants propose a day use recreation area owned by a Minnesota corporation. Current membership appears to be at 40 members that participate in two forms of ownership classes, A or B. Review Exhibit L, it appears Big Island, Inc. would allow up to 200 members. Although ownership is at 40, it is not clear what the actual membership count would be as it includes members of families. Remember, the RS district limits use to 1 acre per 20 "users". The City must receive a total membership including all family members with the amended application. Please review Section 10.31, Subdivision 3C to determine if the applicant, a private corporation, meets the intent of the Code. It would be staff's opinion that there is nothing in the Code that suggests the applicant is not acceptable. Planning Commission members may take issue. Please be prepared to respond.