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

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CONDITIONAL USE PERMIT ANALYSIS (SECTION 6.12.4090) The Planning Commission may recommend and the Council may grant a Conditional Use Permit (CUP) as the use permit was applied for or in modified form. On the basis of the application and the evidence submitted, the city must find that the proposed use at the proposed location is or will be: 1) Consistent with the community management plan; the proposed development of the property for public boat landing to support access to Lake Minnetonka is consistent with the community management plan of a Park and Recreational Space. 2) Compliant with the zoning code, including any conditions imposed on specific uses as required by article V, division 3 of the City Code; The property will maintain the existing use, which is legally nonconforming, to support a public boat launch. 3) Adequately served by police, fire, roads, and stormwater management; The proposed project improves the stormwater management on the site and accessibility with a new parking lot design. This criterion is met. 4) Provided with an adequate water supply and sewage disposal system; This criterion is met. 5) Not expected to generate excessive demand for public services at public cost; in the opinion of staff this criterion is met. The existing use of a public boat launch is being maintained. Any additional demand for public services from the site will be coordinated with Hennepin County as the property owner. 6) Compatible with the surrounding area as the area is used both presently and as it is planned to be used in the future; The property will maintain the existing use which is legally nonconforming to support a public boat launch which is consistent with the existing conditions for the neighborhood and surrounding uses. 7) Consistent with the character of the surrounding area, unless a change of character is called for in the community management plan; The property will maintain the existing, legally nonconforming use to support a public boat launch which is consistent with the existing conditions for the neighborhood and surrounding uses. The site is consistent with the community management plan. 8) Compatible with the character of buildings and site improvements in the surrounding area, unless a change of character is called for in the community management plan; The proposed seawall along the eastern edge of the parcel is compatible with the community management plan. 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. 9) Not expected to substantially impair the use and enjoyment of the property in the area or have a materially adverse impact on the property values in the area when compared to the impairment or impact of generally permitted uses. The proposed site improvements require review and approval by other governmental agencies such as MCWD, DNR and LMCD. The proposed seawall will not have adverse impact on the neighborhood. 10) Provided with screening and buffering adequate to mitigate undesirable views and activities likely to disturb surrounding uses; The applicant has submitted landscape and lighting plans to mitigate views for the abutting properties and limits activities on the site. 11) Not create a nuisance which generates smoke, noise, glare, vibration, odors, fumes, dust, electrical interference, general unsightliness, or other means; The applicants will be required to adhere to the City's erosion control regulations as well as the permitting requirements of the DNR, LMCD, and MCWD. Timely re -vegetation and stabilization will be a requirement of the permitting process. The project should not result in a nuisance condition. 24