11-17-2025 - Agenda Packet Planning Commission - Full Packet

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FILE # LA25-000033 17 Nov 2025 Page 6 of 8 the Comprehensive Plan. The applicant is proposing to vacate the eastern 20 feet of the unimproved Cherry Avenue and a 10-foot wide alley that cuts through the property. The remaining western 20 feet of the unimproved Cherry Avenue would remain as right-of-way as it serves the Met Council's utility infrastructure on site. The Comp Plan identifies a lake access point approximately 200 feet to the west of the property on North Arm (Lake Access Point #18). There is a second lake access approximately 1,200 feet to the west of the property on North Arm (Lake Access Point #19). Additionally, there is a public boat launch ±0.5 mile east on Maxwell Bay managed by the DNR. The challenge with vacating rights -of -way is that vacation is final. Should the public or the City have access or utility needs in the future, the cost to taxpayers to reacquire the property will be at a premium. For this reason, vacation reduces options for the City in the future. The partial rights -of -way of Cherry Avenue and the alley within the property do not serve as a benefit for the city to maintain right-of-way to the public and within the site create a hindrance for the applicant to redevelop the property. The property has operated as a public access since the 1960s and is proposed to maintain is public access by the County as part of this project. A letter from the DNR is included as an Exhibit. The vacation of the identified portions of right-of- way is supported by staff. Following the recommendation by the DNR, the City will retain the public access easement over the right-of-way. VARIANCES Regarding practical difficulty, Staff finds that there are several challenging issues infringing on the County's ability to improve the site. The lot's depth, the property's orientation along the curved shoreline, the right- of-way, and the low elevation all support granting variances. The inclusion of the "pervious" areas of hardcover offsets the total proposed hardcover level by ±22,000 square feet, although by definition the overall hardcover of the site is increasing. The stormwater management capabilities of the site are improving with the inclusion of best practices including a infiltration system placed under the parking stalls, filtration circulator and limiting surface water runoff all supporting the reconstructing of the hardcover. The site is a water -oriented use that serves the public. The new accessory structures and buildings are replacement structures or new structures that support services and/or utilities on site. The lighting, landscaping and maneuverability of the site will improve promoting safety and access for the public. CONDITIONAL USE PERMIT The applicant's plan reflects new lake -perimeter stone steps along the eastern edge of the property. Additionally, new fishing piers are proposed to support greater access to the lake. The new, in -lake improvements are vertical installments which extend beyond the standard rip rap requirements, and are regulated as "seawalls". The site currently has some areas of rip rap, an aging seawall in the channel, and improvements around the boat access to support the public access use. The new and replacement seawall is required to meet the conditional use permit standards and obtain all MCWD and DNR approvals. Efforts should be made to incorporate a natural shoreline around the property where possible as to not limit use of the site for the public. INTERIM USE PERMIT Staff finds the proposed project purpose and scope of the site grading is reasonable. The City Engineer is reviewing the project and any comments will be presented for Council consideration. The project will be reviewed again by the City Engineer at the time of the administrative grading permit. SITE PLAN 14