08-22-2005 Council Packet - Laserfiche WebLink

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u 1- ^. WINSTON LAW OFFICE August 12, 2005 ^^CE/VEO J^^^r. 1 2 2005 fy OF ORONOOrono City Council and Orono Planning Commission c/o Mike Gaffron, Planning Director Orono City Hall 2750 Kelley Parkway PO Box 66 Crystal Bay. MN 55323 RE: Draft Wetlands Protection Ordinance and Application No. 05-3095 (Gregg Steinhafet Application for Conditional Use Permit to Install a Permanent Dock Structure at 2265 North Shore Drive, Orono, Minnesota) Ladies and Gentlemen: ( On February 23 of this year, Gregg Steinhafel, the owner of the property at 2265 North Shore Drive (the “Property"), filed an application for a conditional use permit to allow him to install a permanent dock type structure extending a short distance over a wetland area, from one side of the Property. The Property consists of approximately 45 acres, and includes hundreds of feet of lakeshore on Lake Minnetonka. The Properly is unique by reason of its size, extensive lakeshore, privacy and low density development. The Steinhafel application for a CUP has been tabled pending the City's adoption of a wetlands protection ordinance. Because the provisions of that ordinance will have a direct bearing on the Steinhafel CUP application, we address first those provisions of the draft ordinance which may affect the application. As no replacement, restoration or alteration of the wetlands on the Property will occur, and as there will be no activity which “has the potential to adversely impact a wetland,” as that phrase is defined in Section 78-1601 of the draft ordinance, we can turn to Sections 78-1606 (permitted uses) and 78-1607 (conditional uses), for a discussion of the applicability of the ordinance to the proposed dock type structure. Section 78-1606(a)(4) of the draft ordinance provides that "docks which provide reasonable access to the lakeshore and do not exceed 4' in width” are a permitted use. (The same four foot width limitation is set forth in Section 78-1606(b)(3).J The following Section 78-1607 provides that other “private and public recreational uses," which include (presumably, without limitation) "golf courses, impervious trails, picnic grounds and boat ramps" are conditional uses. If one assumes the City's adoption of the 4-foot wide dock limitation as the limit of a permitted use, the Steinhafel application would continue as an application for a conditional use under Section 78-1607, to allow a "private recreational use,” which in this case would be the use of a private fishing and 3912 IDS Center, 80 South Eighth Street, Minneapolis, Minnesota 55402 Telephone: 612.341.9800 Facsimile: 612.332.1215 Email: winlaw@qwest.net