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Zoning File #1771 <br />November 5, 1992 <br />Page 5 <br />Additional Comments and Planning Commission Recouonendation <br />Additional Exhibits <br />N <br />0 <br />P <br />Q <br />DNR Permit of 1968 <br />Outline of Channel <br />Topographic Map Designating Channel Area of the Property <br />Page 3 Resolution #2302 <br />The Planning Commission once again denied the lot line <br />rearrangement as proposed finding the obvious gerrymandering^ of <br />lines too excessive and felt Lot 1 as it exists could still <br />support a residential structure limited to two bedroom use. <br />Review Exhibit Q, The resolution approving a conditional use <br />permit for the filling of spoils on both lots from maintenance <br />dredging of channel in 1988 clearly warned both property owners <br />who had to sign off on the resolution of potential negative <br />impact on future on site septic and subdivisions. <br />The Planning Commission was also concerned over possible <br />negative impact in future subdivision reviews if full 17' were <br />not acquired with current subdivision. Council members may <br />remember in the 1990 subdivision review that there was only one <br />option if we were to receive any right-of-way . The septic areas <br />would be useless if total 17' was required and applicant would <br />withdraw application. <br />At the Planning Commission meeting, staff raised the <br />issue as to whether the lots would now be considered lakeshore <br />property based on the recent Shoreland Regulations adopted by the <br />City. Historically, the City had refused to recognize the <br />channel as providing navigable access to these interior lots.^ In <br />1976 the lots were not considered lakeshore lots and a lot width <br />variance was granted to the required setback to the rear of the <br />50' street setback. In the 1990 review the City was prepared to <br />grant similar variances and the issue of reparian access or <br />lakeshore lots was not raised. It may be Council's decision to <br />proceed as before in the earlier subdivisions. <br />In 1968 the DNR had issued permits for the dredging of the <br />channel but until the final resolve of the matter of dredging by <br />the State Supreme Court, the issue of riparian access for these <br />properties was never addressed nor recognized by the City.