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i 3 MINUTES OF THE PLANNING COMMISSION MEETING OF AUGUST 17, 1981 Page 4 <br />CONT.) <br />m <br />i\ <br />• WHITE <br />»odhill Rd. <br />Subdivision <br />ition <br />:lsh <br />►rth Ann Dr. <br />;ional Use <br />Jabbour feels that the City is totally against dredging. He <br />stated that any type of boat except for a big cruiser would <br />make it in a channel of 2^5'depth. He doesn't feel that the <br />City is depriving the property owner of his riparian rights <br />either. He asked what about a dock length variance? <br />Applicant explained that a dock length variance would obstruct <br />lake access, also it would be physically exhausting for the <br />applicant who is handicapped to walk an additional 100 plus ft. <br />McDonald explained to the applicant that the lake is very <br />low again this year. <br />Mabusth stated that a longer dock would encroach on the <br />neighbors property lines. City would have to consider both <br />a dock length and setback variance. <br />Applicant stated that he never knew that he could not apply <br />for a dredging permit. Mabusth noted in the Council minutes <br />it stated that the applicant was forewarned that dredging <br />would not be allowed. <br />Comstock questioned the owners riparian rights. She stated <br />that once the DNR permit had been issued in 1961 this <br />conveyed or recognized a certain property right of the owner. <br />In approving a recent DNR permit for a 4' depth the agency <br />determined what is navigable water. Does the City determine <br />what is navigable water or do other agencies? <br />Jabbour stated that he felt that the City should decide this <br />not the DNR. <br />Jabbour moved to deny Rex Welsh's request for a dredging <br />permit in view of the City's policy of dredging and that there <br />is 2V depth existing which is suitable for boat navigation. <br />Applicant was also given a warning when he received a variance <br />which forewarned about future request against dredging. <br />Goetten seconded. Vote: Ayes (3), Nays (0). <br />Allan Larson requested tabling of his application because he <br />was not able to attend this meeting because of business <br />reasons. <br />McDonald moved to table Allan C. Larson's application at the <br />applicants request. <br />WELSH (CONT.) <br />V <br />Jabbour seconded. Vote; Ayes (3), Nays (0).