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#0-3090 <br />March 16,200S <br />Fage 2 <br />See. 78-566. Accessory ii.scs. Within any RS sca.sonaI recreational district, no accessory structure or <br />use ofland shall be permitted unle.ss a permitted or conditional use is first established on such land, <br />except as allowed in .section 78-564(2). Once a pennitted or conditional use exists on any lot or <br />parcel, no accessory structure or use of land .shall be permitted except for one or more of the <br />following uses: <br />Docks conforming to city and Lake Minnetonka Conservation District regulations, <br />not to exceed one slip per 50 feet of shoreline width, or a maximum ol four .slips per <br />property, whichever is less. An annual Joint-use dock license shall be required for any <br />nonresidential dock and/or for any projicrly having more than four slips. <br />Summary of Request <br />Minnetonka Portable Dredging, Inc. on behalf of applicant property owner Ben Faus, has submitted <br />an application for a conditional u.se pennit, per Code Section 78-1 116 to permit construction of a <br />permanent dock for the properly at 550 Big Island. This is a location where only a seasonal dock has <br />existed in the past. The proposed dock will enclose a 32’ slip, and will include a small 6 ’ x 14’ <br />platfonn. The property is considered as a ‘Confonving Record Lot’ within the RS District, listed in <br />the code as being approximately 6.5 dry acres in area (Hennepin County records indicate it is about <br />8.3 acres total). The property is not subdividablc. <br />Pennanent docks (i.c. those docks with pennanent pilings which cannot be removed without heavy <br />equipment) sometimes result in requests by property owners for winter de-icing, to avoid ice damage. <br />De-icing is typically a'^eomplishcd by a bubbler system that keeps the water moving and therefore it <br />iloes not freeze. The laikc Minnetonka Conservation District issues de-icing licenses, and has <br />standards which must be followed in terms of protection of adjacent properties from the impacts of <br />de-icing. The proposed dock will be located in a west-facing cove area, and the potential for ice <br />damage appears relatively minimal. 'I'he nearest adjacent docks are perhaps 300-400 ’ distant, so no <br />adjacent property would be impacted if de-icing does occur. <br />StalVis advised by LMCD’s inspector that they will be i.ssuing an LMCD pennit for this pennanent <br />dock, and have no specific issues with it. 'I’lic dock will meet all LMCD-rcquircd setbacks. <br />The DNR is notified of floodplain CUI* applications, and is given the opportunity to comment. No <br />comments from the DNR have been received for this application. Potential DNR concerns wouKl be <br />whether the work is in a sensitive habitat or spawning area, and whether the pennanent dock might <br />affect navigation or winter vehieular traffic on the lake. Neither of these issues are apparent with tliis <br />application.