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AGENDA ITEM <br /> members of the public attended the public hearing. Some of their concerns are summarized <br /> below. Council should reference the draft Planning Commission minutes(Exhibit E)and the <br /> video from the public hearing to review the public comments in their entirety. <br /> Identified Concerns during the Hearing: <br /> • Lot of Record/Buildability:Prior to 2011,the City considered lots which were <br /> significantly substandard in area/width to be unbuildable. A property owner could apply <br /> for a variance but our standards for approval were different and more stringent than they <br /> are currently as guided by the State Statue. In or around 2011,the State updated the <br /> statutes regarding nonconforming properties as far as buildability was concerned, <br /> particularly in the Shoreland. The Statute revisions outlined minimum guidelines for <br /> determining buildability and when/if a variance would be required from local zoning <br /> standards.Following the Statute updates the City's code was updated to be in line with <br /> the revised allowances and standards. <br /> • Tree removal:A number of the public comments referenced tree removals in the right-of- <br /> way.The applicants have not proposed removal of any trees within the walking path from <br /> the proposed dock location to their lot. If trees become a concern,the applicants <br /> understand that the City requires permits and approvals for any tree removals within the <br /> 75-foot setback and within the City's right-of-way. <br /> • Wetland: Comments were made that the intended dock location is a Key Conservation <br /> area,as determined by the MCWD. The MCWD mapping indicates that a majority of <br /> Big Island is classified as a Key Conservation Area.Pending confirmation from the <br /> MCWD, Staff notes that there do not seem to be specific regulations regarding the Key <br /> Conservation Areas. <br /> • Island Access for Construction/Contractors: The applicants chosen location is not what is <br /> considered the common/primary access for deliveries of materials, septic and well <br /> drilling contractors, etc.,that location is the improved right-of-way situated between 450 <br /> and 460 Big Island.A dock in this location would block this historical access. <br /> • Permit 2038 revocation: The wording in Resolution 2038 is clear. "Should there be any <br /> other requests from inland property owners to use this site for the installation of a dock to <br /> their properties, this permit is automatically revoked..."although not the applicants' <br /> intent,their request to install a dock on this location triggers this revocation.The <br /> applicants' amended request to install a dock and share the use of the dock with the <br /> owners of 230 Big Island appears to provide a solution,though when pressed by the <br /> Commission,the owner of 230 Big Island does not wish to share. <br /> • Winter Dock Storage: Most property owners store their private docks on their lakeshore <br /> properties. In keeping with the spirit of this practice,the applicants have proposed a <br /> storage location on this right-of-way,on the south side of the corridor,out of the way of <br /> any winter access needs. <br /> • Other inland properties: There are only two additional interior lots on this portion of the <br /> island(490 and 500 Big Island)without lake access who may, in the future,request a <br /> permit for a dock on right-of-way. The other remaining inland properties on the east side <br /> are in common ownership with a lakeshore property,thus providing the opportunity for a <br /> dock. <br /> 7. Staff Recommendation. Staff recommends approval of a dock to be shared by the applicants <br /> and the owners of 230 Big Island,with the following conditions: <br /> a) The location of the installed dock shall be approved by the LMCD, and shall be approved <br /> by the City Administrator. <br /> Prepared By: hOGG Reviewed By:J.Barnhart Approved By: <br />