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structure must be removed if no principal structure has been constructed. <br />If the property is subdivided, the oversize accessory structure and principal <br />structure will be located together within a lot that meets the minimum lot area <br />requirement for the given size of accessory building. <br />In subdivision approval, the setback required for the oversize accessory <br />structure as defined herein shall remain. <br />Such covenant shall be binding on current and future property owners and shall be <br />filed in the chain of title of the propeiTv. <br />5. Conditional Use Permit for the grading on the property and construction of the stormwater <br />management pond. (Section 10.03, Subdivisions 19-21). The wetland alteration will occur <br />within a non-City protected wetland, however the wetland is protected by the WCA and will <br />require a MCVvD permit and may require approval by the Corps of Engineers. This wetland <br />and the wetland located over the southwest comer of the property are subject to a protective <br />covenant filed in the chain of title of the affected property, as an advisory to any future <br />property owner that the wetland will be subject to WCA regulation and/or Corps of Engineer <br />jurisdiction. The stormwater pond shall require the County file i Conservation and Flowage <br />Easement on the chain of title. <br />Use of Property: <br />The property has been used as a County Highway maintenance facility since at least 1962. the time <br />the original building was constructed. In 1962 the zoning of the property was for commercial <br />purposes, since the property was rezoned to LR-1 C. Because the use of the property has not changed <br />since the rezoning, me facility has been allowed to exist as a legal non-conforming use. The facility' <br />is used primarily for winter road maintenance with a coverage area for this facility from County ’ <br />Road 15 between Mound and Highway 12, County Road 19 from Orono to Excelsior. <br />Other Public Uses of the Property <br />The DNR has located a wash rack tor cleaning mussels off boats, trailers and other watercraft. The <br />w ash rack is located north of the parking area and is used voluntarily by boat owners before boats <br />are placed into Lake Minnetonka. <br />The LMCD has used the property for storage of milfoil harvesters. The harvesters are currently <br />stored in a parking area where the salt/sand storage facility is proposed. Hennepin County will <br />continue to allow the LMCD to store the milfoil harvesters, but they will be relocated to a new- <br />parking area that would be constructed at the northwest comer of the property. The LMCD has 4 <br />f^2555 Hennepm County <br />38S0 Shoreiine Drive <br />Zoning Code AmendmenL'Conditional Use Permit Variances <br />4.1700 <br />Page 4