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r <br />// <br />TO:Chair Peterson aral Orono Planning Commission Members <br />Ron Moorse. City Administrator <br />FROM: Jeanne A. Mabusth, Building A Zonii^ Administrator <br />DATE:May 4. 1995 <br />SUBJECT: #2018 Richard Bom, 1991 Fagemess Point Road • Conditional Use Permit - <br />Public Hearing <br />Pertinent Ordinance: <br />Section 10.55, Subd. 9 (B-3) • All permanent boat docks require conditional use permits, <br />Ll^ of Exhibits <br />A - Application <br />B • Plat Map <br />C - Property Owners List <br />D - DNR Request for Review and Comment <br />E - DNR Permit Application <br />F - Former Permanent Dock <br />G - Current Dock/Proposed Dock <br />H - Photos of Former Dock <br />I - Survey/Location of Proposed Dock <br />Description of Request <br />A permanent dock was installed on this property prior to 1970. Basic ^ ^ <br />can be viewed on Exhibit F. In January of 1979 the City adopted the FloodpUin and WeU^ <br />Management Ordinance. The ordinance classified permanent docks as a condition^ use. <br />current owner has reconstructed the original dock to its present configuration, review Exhimt <br />G. Mr. Bora now proposes the installation of additional dock sections as shown on the proposed <br />construction plan (Exhibit G). <br />Section 10.55, Subd. 11 (A). Standards for floodway and flood fringe conditio^ ^rmits <br />states, "No struemre (temporary or permanent) allowed as conditional use pe^ts which acting <br />alone or in combination with existing or reasonably anticipated future adver«ly affect tM <br />capacity of the floodway or increases flood height." This structure will have no impact on the <br />floodway of Lake Minnetonka nor will it increase the flood height of the lake. <br />Review Exhibit 1, the 40’ + length dock will meet the required side setback <br />side lot line into the lake shown at 40’. In reviewing the distribution list of the DNR permit, <br />it appears that the LMCD has not been notified. Staff has recommended to the applicam that <br />he rab^t his information to the LMCD to determine if a permit is necessary. As w <br />A..v,na «,irh a oermanent dock, it may be necessary to certify the setback to the extended side <br />1