06-23-2003 Council Packet - Laserfiche WebLink

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The applicant has included his statement of hardship in a letter. The applicant should also be asked for his testimony regarding this issue. Issues for Consideration: 1. There is currently a pathway in place that provides access to the island. If the applicant is not able to improve the pathway, it will likely continue to be used in its existing state; 2. Historically, the island was used as a grazing area for cattle. The property has not been used for this purpose for some time; 3. Reconstruction of the pathway will create hardcover where it is not permitted; 4. Reconstruction of the pathway will require grading, filling and excavating to create the pathway and to mitigate wetland that has been filled, all of which is not permitted within 75’ of the OHWL; 5. A conditional use permit for movement of more than 500 cubic yards of material may not be necessary for this proposal. It is presumed that less than this amount of fill will be required; 6. Horses are a permitted accessory use in this zoning district. The applicant is proposing less than the number of horses permitted on land of this size; 7. Horses are defined as an agricultural use in the zoning ordinance. Agricultural uses may not be less than 150’ from the OHWL of French Lake; 8. Fences are not permitted to be within the 150’ setback from the OHWL of French Lake; 9. The island appears to be surrounded by wetland since there is no open water from French Lake within this area. Should the setbacks for an agricultural use and fencing be 26’ (as required for wetlands) instead of the required lake setback? 10. Historically, staff has been unable to identify any other applications that permited a property owner to fill in wetland in order to access property for an accessory use; 11. Can the property be put to a reasonable use without granting the necessary variances to access the island? 12. Other issues raised by the Planning Commission. Staff Recommendation: The Planning Commission should consider this application in two parts: 1. variances and a conditional use permit to reconstruct access to the island; and 2. variances to permit horses and fencing on the island. If the Planning Commission feels that the applicant’s hardships are justified, approvals should be conditioned by the following: 1. Permit approval from Minnehaha Creek Watershed District is required prior to construction on the property; 2. Review and approval from the City Engineer is required prior to construction on the property; 3. The property owner will have the ability to routinely maintain the pathway, as approved; and 4. The property owner must sign and return the 120 day review period waiver, provided by the (Tity on April 18,2003, prior to May 23,2003. M03-2S69 Dr Robert Cumnlt 5/1-4/2003 Page 6 of 6 i