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is allowed over three times the number of units via the DNR <br />regulations. While the DNR regulations allow for greater density <br />than the LMCD Plan, it is still short of what would be considered <br />reasonable given the circumstances of downtown Wayzata. <br />Section 0, Subp. 3. The design criteria for residential and <br />commercial PUDs shall be established by local <br />ordinance... <br />Conunent: This provision allows the City to establish its own <br />design standards such as interior setbacks, landscaping, signage, <br />architectural design, etc. However, it again becomes unclear if <br />the City can establish standards not consistent with the <br />provisions of the LMCD Plan or the DNR regulations (i.e., <br />preserving vegetation, building into a bluff, color of buildings, <br />etc.). The possible adverse implication this may have would be <br />if the City were to develop a set of guidelines that would later <br />be found unacceptable by the DNR. <br />Section P.All variances to structure height and all <br />variances appl/.t^fd for riparian parcels on Lake <br />Minnetonka shall be flubmiMed to the LMCD for review and comment. <br />Comment! While Wayzata most likely will not be granting height <br />variances for future development, other variances may be <br />justified due to the any lots of odd configuration existing along <br />the shoreline. The required review by the LMCD will duplicate <br />the review already provided by the City. In addition, procedures <br />and criteria must be established by the LMCD for which they will <br />conduct their review and judge the acceptability of variance <br />requests. Furthermore, it will be important to coordinate the <br />LMCD’s review with that of the City's to ensure due process of <br />the request. <br />Section 0. Subp, 2. Vegetation removal shall be governed by the <br />- - - - -- - - -- - - shoreland ordinance. The provisions of <br />6120.3300, Subp. 4 (of the DNR Regulations) must be included in <br />the ordinance, but modified to reflect the following: Removal of <br />living trees larger than six inches in diameter may be by permit <br />only. <br />Comment: Is this permit to be issued by the LMCD or the City? <br />If the City were to issue the permit, specific guidelines would <br />need to be established to determine when a tree could be removed <br />and when one could not. In addition, local standards might vary <br />from community to community.