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1 <br />Departmenl of Natural Resources <br />The applicant has been in contact with the Department of Natural Resources regarding this <br />.application. The applicant will require a permit from the DNR because the proposal impacts the <br />OIIWL of French l.akc (930). The DNR has stated that they will not likely be able to make a <br />ruling on the possibility of this application until aher the snow has melted and their own <br />independent sursey can be completed. <br />Hbtory: <br />The property is unplatted with a metes and bounds legal description. An application for <br />subdivision of the property was submitted and w ithdrawn in 19R9. There have been no other <br />zoning applications on the property. <br />In the past, driveways have been permitted through wetlands to provide a primary access to a <br />property when denial would deprive the owocr of all use of the property. In this ca.se. the fill is <br />only needed to pros idc access for an accessory use and the Planning Commission should <br />consider whether a hardship exists to justify the variance. The surrounding properties do not have <br />dry land w ithin the wetland, as this property does. The area to the immediate north of the <br />applicant's isl.ind. French Creek Preserve, is owned by the City and was prev iously in use as a <br />sewage treatment plant. <br />Hardship: <br />I he applicant has included their statement of hardship in Exhibit A. The applicants should also <br />be asked for their testimony regarding this issue. <br />Issues for Consideration: <br />1. There is currently a muddy trail in place for access to the island. If the applicant is not <br />able to improve the access, the existing trail will likely continue to be used aiid not be <br />improved; <br />2. Historically, the island was u.sed as a grazing area for cattle. 1 he properly Is not currently <br />being used for this purpose; <br />Construction of the access w ill create hardcover w here it is prohibited; <br />W ill nughbviring views of French Lake be obstructed by the placement of on electric <br />fence and horses, from time to time, on the island? <br />There are no other known applications that permit a property owner to access dry land <br />within a wetland on a property . Ibis issue is particular to this property; <br />Can the pn>perty be put to a reasonable use without accessing the island? Is use of the <br />island a property right of the owner? <br />Would use of the island negatively impact the health, welfare or safety of the public? <br />Other issues rai.sed bv the Planning Commission. <br />3. <br />4. <br />5. <br />7. <br />8. <br />tiO}-2S6V Dr Rot\ ri Cumnit <br />2 IJ 200) <br />A/.e 4 of)