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#2412 -Steve White <br />September 25, 1998 <br />Page 2 <br />"Except as specifically provided herein, nothing in this Flowage and Conservation Easement <br />Agreement shall be deemed to or construed to restrict the use of the Land beyond current <br />zoning and or land use restrictions". <br />However, the standard easement language does (and is intended to) provide slightly more restrictive <br />standards than the zoning code. Applicant's attorney also suggested that the restriction on placement <br />of structures in the wetland (Item lA in the standard language) be modified with the following: <br />", except as to those approved by Grantee upon due application of Grantor". <br />Staff is proposing that the only change to our standard language be to modify lA as follows: <br />", except that nothing in this Flo wage and Conservation Agreement shall prohibit Gran tor <br />from constructing a private dock on the Land to provide access to Lake Minnetonka in the <br />event that Grantor is successful in obtaining the necessary permits for such dock from the <br />City and any other agencies which may regulate docks or wetlands". <br />Planning Commission Recommendation <br />At the September 21st meeting, Planning Commission voted 6-0 for approval of the proposed Class <br />I subdivision, subject to the staff recommendation as follows: <br />1. Applicant to grant Conservation and Flowage Easements over the large wetland at the south <br />end of the property, as well as over the smaller wetland in Parcel B north of the road. <br />Applicant shall provide legal descriptions for such easements. Staff recommends that the <br />easement language be modified so as to not prohibit applicant from applying for a dock <br />CUP/variance, since his property does abut the lakeshore. <br />2. Subject to Hennepin County Public Works review, applicant to grant the County an easement <br />for the 66' ofright-of-way for Bayside Road within the boundaries of the property. <br />3. Because this is a Class I subdivision, the subdivision is not subject to park dedication. <br />4. Applicant is advised that the portions of Parcels A and B north of Bayside Road are not <br />separately buildable, and any future proposal to construct accessory structures on those <br />portions will be subject to further City review and approval. <br />Staff Recommendation <br />Staff recommends approval of the proposed metes and bounds Class I subdivision per the Planning <br />Commission recommendation.