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Section 10.03, Subd. 15 (G) (2 c): Lakeshorc lot fencct; Fences shall not be constructed within the defined lakeshore >-ard of a lakeshore lot, i.e. shall not be located wthin 1 50 feet for Natural Environment Lakes. (Request: to allow a fence within 1 SO' of the OH \VL of French Lake where no fences are permitted). Dbcussion: The applicMion is two pronged: to permit the reconstruction of a 1 1* x 122’ gravel pathway for the property owners to access an island of land on their properly; and to allow horses on an intermittent basis on the island. These activities arc not permitted without City approval for variances and a conditional use permit. Pathway Reconstruction Hardcover (0 to 75 ’ setback zone) No hardcoser is permitted within 75’ of the OllWL of any lake. 1 he 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 F.xca\oling within 75 ’ of the OHIVL No grading, filling or excavating is permitted w ithin 75* of the OIIWL of French I.ake. 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 approximately 2,007 s.f of filling in w etland 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 arc acceptable. However, since soils have not been tested, the amount of fill required for the project is uncertain, lliercfore, a conditional use pennit request has been added to the application in case more than 500 cubic yards of material is necessary. *rhe following criteria are used to evaluate a conditional use permit: /. 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 uhich the site is located and Comprehensive Mimicipai 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 to the public healdi safety or w elfare, or materially injurious to properties or improvements in the vicinity: and Tlie proposed conditional use will not be detrimental to the public health, safety or welfare or injurious to properties or improvements in the area. S. That the proposed conditional use will comply with each of the applicable provisions of SOI 2869 Dr Robert Cumntt 5/U2003 Pate3t^6