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COUNCIL MEETING <br />Application Date: <br />Deadline Date: <br />3/8/99 <br />5/7/99 APR 2 6 1999 <br />REQUEST FOR COUNCIL ACTION Cl I y OF OHUNO <br />DATE: 4/22/99 <br />: /OITEM NO. <br />Department Approval: <br />Name Paul Weinberger <br />Title Assistant Zoning Administrator <br />Administrator Reviewed:Agenda Section: <br />Zoning <br />Item Description: #2473 Matthew B. Herman <br />3825 Cherry Avenue <br />Variance <br />Zoning District: LR-iC One Family Lakeshore Residential District (1/2 Acre) <br />Lot Area:31,767 square feet (.73 acre) <br />Application: The applicant has requested a variance to permit the construction of a 263* by <br />4' catwalk across an undeveloped City right-of-way (Cherry Avenue) and across a wetland to gain <br />access to North Arm of Lake Minnetonka. A variance is required because we do not allow structures <br />to be placed within a wetland. <br />In 1990 the City Council granted a similar approval for a previous property owner, but the structure <br />was never built. The applicant will be required to obtain necessary permits for the work proposed. <br />The DNR has stated a new "work in bed of public water permit" is required as they do expire after <br />five years. A variance from the Lake Minnetonka Conservation District may also be required. <br />PLANNING COMMISSION RECOMMENDATION: <br />The Planning Commission recommended by a 5 to 1 vote to: <br />Approve the variance based on the Staff Report. <br />STAFF RECOMMENDATION: <br />Staff recommends approval of the variance to permit the construction of the catwalk subject to <br />applicant obtaining necessary approvals from the LMCD, DNR, Corps of Engineers and any other <br />agencies that have jurisdiction on this proposal. <br />COUNCIL ACTION REQUESTED <br />To adopt or amend the enclosed resolution.