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File *1693 <br />October 24, 1991 <br />Page 3 <br />Lake Access <br />The actual water surface of Tarager Lake and its influent creek <br />is some 700* from the dry buildable portion of this property, yet the <br />929.4 elevation defining the boundaries of Tanager Lake (and Lake <br />Minnetonka) extends all the way to the base of the slopes in the <br />property. <br />These apparently must by definition be considered as lakeshore <br />lots, and the DNR has verbally confirmed that this would be the case. <br />However, the property boundaries do not extend out to open water, <br />hence any channeling or docks would cross another property. Yet if <br />everything below the 929.4 elevation is considered lake, then the DNR <br />and the Corp of Engineers have the primary authority over any docks or <br />dredging below the 929.4. The City very possibly would have no say in <br />whether this "wetland* within the basin of Lake Minnetonka can be <br />dredged. <br />8tsff Wsrn—endstion <br />Although the Lake Use Committee is still completing its review of <br />the DNR's proposed shore land regulations, it appears to staff that the <br />applicant's surveyor has in general designed the subdivision based on <br />the probable "most restrictive" standards under consideration. <br />Council is advised to carefully review the intent of the moratorium <br />and the variance criteria, to determine whether it is appropriate to <br />grant a variance in this case. Options for action include: <br />1. Conceptual approval. <br />2. Conceptual denial. <br />3. Conditional conceptual approval <br />4. Other. <br />Staff will draft a resolution per whatever action Council takes.