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#0-3090 March 16, 2005 Page2 Sec. 78-566. Accessory uses. Within any RS seasonal recreational district, no accessory structure or use ofland shall be permitted unless a permitted or conditional use is first established on such land, except as allowed in section 78-564(2). Once a permitted or conditional use exists on any lot or parcel, no accessory structure or use of land shall be permitted except for one or more of the following uses: (1) Docks conforming to city and Lake Minnetonka Conservation District regulations, not to exceed one slip per 50 feet of shoreline width, or a maximum of four slips per property, whichever is less. An annual joint-use dock license shall be required for any nonresidential dock and/or for any property having more than four slips. Summary of Request Minnetonka Portable Dredging, Inc. on behalf of applicant property owner Ben Faus, has submitted an application for a conditional use permit, per Code Section 78-1116 to permit construction of a permanent dock for the property at 550 Big Island. This is a location where only a seasonal dock has existed in the past. The proposed dock will enclose a 32' slip, and will include a small 6' x 14' platform. The property is considered as a 'Conforming Record Lot' within the RS District, listed in the code as being approximately 6.5 dry acres in area (Hennepin County records indicate it is about 8.3 acres total). The property is not subdividable. Permanent docks (i.e. those docks with permanent pilings which cannot be removed without heavy equipment) sometimes result in requests by property owners for winter de-icing, to avoid ice damage. De-icing is typically accomplished by a bubbler system that keeps the water moving and therefore it does not freeze. The Lake Minnetonka Conservation District issues de-icing licenses, and has standards which must be followed in terms of protection of adjacent properties from the impacts of de-icing. The proposed dock will be located in a west-facing cove area, and the potential for ice damage appears relatively minimal. The nearest adjacent docks are perhaps 300-400' distant, so no adjacent property would be impacted if de-icing does occur. Staff is advised by LMCD' s inspector that they will be issuing an LMCD permit for this permanent dock, and have no specific issues with it. The dock will meet all LMCD-required setbacks. The DNR is notified of floodplain CUP applications, and is given the opportunity to comment. No comments from the DNR have been received for this application. Potential DNR concerns would be whether the work is in a sensitive habitat or spawning area, and whether the permanent dock might affect navigation or winter vehicular traffic on the lake. Neither of these issues are apparent with this application.