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Resolution No.1028 Page 2 3. The present channel depth of less than half that required in the permit constitutes an obstruction to navigation by the public. 4. Current DNR rules as a matter of general policy disfavor dredging and channeling in public wators but make express exception for maintenance dredging of channels to existing boat harbors, 6 MCAR 1. 502 2 B.2.b and 'lurther reflect a policy to protect the existing natural character of public craters and their existing shorelands, 6 MCAR 1.5022 A. 5. The Council has repeatedly made findings that any dredging is detrimental to the lake, but previous dredging permits have been approved by the City Council for maintenance of riparian rights. While the applicant has other riparian shore, the shoreline is extremely shallow requiring an unusually long dock to reach n•ivigable water depth. Use of the harbor for boat docking rather than construction of a long dock on the shallows lak eward from other riparian access of the applicant mitigates intrusion of visible man-m8de improvements on the lake and avoids a navigati(nal impairment on the main lake. 6. The existing harbor and channel constitute a pre- existing non -conforming use and the request for maintenance dredging therefore constitutes maintenance of a non -conforming use rather than its enlargement or replacement and therefore complies with City ordinances governing non -conforming uses. 7. The applicant proposes to accomplish the dredging by means of suction dredging with on -site disposal cr clam shell dredging with off -site disposal. A. Freshwater Biological Research Foundation report on dredging in Lafayette y, Lake Minnetonka, dated October 30, 1978, states that "clearly, suction dred, i ng for ch.-jnnel ma i nt ena ice is mmich less deleterious to the body of water than traditional dredging practices".