06-23-2003 Council Packet - Laserfiche WebLink

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r 7.Section 10.03, Subd. 1S (G) (2 c): Lakcshore lot fences: Fences shall not be constructed within the defined lakeshore yard of a lakeshore lot, i.e. shall not be located within I SO feet for Natural Environment Lakes. (Request: to allow a fence within 150 ’ of the OH WL of French Lake where no fences are permitted). Discussion: The application is two pronged: to permit the reconstruction ofa 11’ x 122’ gravel pathway for the property owners to access an island of land on their property; and to allow horses on an intermittent basis on the island. These activities are not permitted without City approval for variances and a conditional use permit. Pathway Reconstruction Hardcover (0 to 75 ’ setback zone) No hardcover is permitted within 75 ’ of the OHWL of any lake. The applicants propose to reconstruct an existing gravel pathway, constituting 1,342 s.f. hardcover, within 75 ’ of the OHWL of French Lake. Grading, Filling and Excavating within 75' of the OHWL No grading, filling or excavating is permitted within 75 ’ of the OHWI. of French Lake. The applicants request grading, filling and excavating within 75 ’ of the OHWL to reconstruct the pathway and to mitigate wetland that is filled as a result of the reconstruction. This will require appro.ximately 2,007 s.f. of filling in wetland and 4,037 s.f. of wetland mitigation. Movement of >500 cubic yards of Material To reconstruct the pathway, it is anticipated that approximately 147 cubic yards of fill will be required if soil conditions are acceptable. However, since soils have not been tested, the amount of fill required for the project is uncertain. Therefore, a conditional use permit request has been added to the application in case more than 500 cubic yards of material is necessary. The following criteria are used to evaluate a conditional use permit: 1. That the proposed location of the conditional use is in accord with the objectives of the Zoning Chapter and the purposes of the district in which the site is located and Comprehensive Municipal Plan; The proposed conditional use is in accordance with the Zoning Chapter and the Comprehensive Municipal Plan to allow for the property owner to safely access a portion on his property. 2. That the proposed location of the conditional use and the proposed condition under which it would be operated or maintained would not be detrimental ta the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity; and The proposed conditional use will not be detrimental to the public health, safet>* or welfare or injurious to properties or improvements in the area. 3. That the proposed conditional use will comply with each of the applicable provisions of t^S-2869 Dr Robert Gumnit 5/13/200) Pages of 6 » i