09-21-1998 Planning Packet - Laserfiche WebLink

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Zoning File #2412 September 17,1998 Page 3 Bayside Road segment traversing the property, which has never been formally platted. Orono's Comprehensive Plan indicates Bayside is a 'collector' road with a required width of 66'. Hennepin County has indicated there will be no problem locating a new driveway to serv'e a new home on Parcel A. Wetland Easement Issue The applicant was required to grant Conserv’ation and Flowage Easements over the major wetland at the south end of the property, and over the smaller wetland north of Bayside Road in Parcel B. While he has no problem with the northerly wetland easement, applicant has indicated a reluctance to grant the Flowage and Conservation Easement over the southerly wetlands, because the standard language of that easement would prohibit him from constructing a dock through the wetland to the open water. While he is not requesting that a dock be approved at this time, he is requesting that he be allowed the opportunity to apply for one at a later date. Such a dock would apparently require a DNR permit as well as a variance/CUP per Orono's Floodplain and Wetland Management ordinance (Section 10.55). Permanent docks are a conditional use allowed in floodway and floodfringe areas under 10.55 Subdivision 9B. The City has few prior cases for reference for allowing construction of a dock through a lake-fringe wetland. The only recent application that comes to mind was for Lydiard Lake perhaps 10 years ago, and that was recommended for denial by Planning Commission, and subsequently withdrawn by the applicant. We have other properties similarly situated as the applicant's. Two obvious ones are: the late 1970's Victoria Estates subdivision along the west side of the channel at the end of North Arm; this is a joint use dock accessed via a permanent walkway across 200-300' of wetland; and the Hanser subdivision on Fox Street just west of Orono Orchard Road, where the 929.4 contour is at the base of the building site, but separated from the open water of Tanager Lake and Long Lake Creek by 800’ of wetland; no dock has been applied for nor constructed here. It would be satisfactory to the applicant that the language of the C & F Easement be modified to not prohibit the construction of a dock or similar lake access facility, subject to gaining the required approvals from the City and other agencies. The standard language of the C & F Easement does place somewhat greater restrictions on a wetland than does the City Code (See Exhibit G, items 1 A-F); for instance, the easement totally prohibits structures and filling, without suggesting that such items or activities might be allowed if approved by the City; and disallows the destruction or removal of vegetation as well as all types of excavation and dredging, while suggesting that these