07/18/2005 Planning Commission Minutes

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MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,July 18,2005 6:00 o'clock p.m. NEW BUSINESS 7. #05-3095 MINNETONKA PORTABLE DREDGING ON BEHALF OF GREGG STEINHAFEL,2265 NORTH SHORE DRIVE,CONDITIONAL USE PERMIT, 7:36 p.m.—7:49 p.m. Tom Niccum, 5526 Tonkaview Road,Mound,was present. Gaffron stated the applicants are requesting a conditional use permit to allow construction of a permanent piling dock in the bed of Lake Minnetonka. This requires a conditional use permit under the Flood Plain Ordinance. Since the dock would be extending through approximately 100 feet of wetland,review has been suspended since March because of the wetland moratorium. Gaffron noted the moratorium is in effect until August 23rd. Gaffron stated a copy of the proposed Wetland Ordinance has been included in the Planning Commission packets. The Wetland Ordinance,if approved, would allow a dock up to four feet in width to provide reasonable access to the lake through a wetland. Gaffron stated under the proposed but not yet adopted wetland ordinance, docks not exceeding four feet in width providing reasonable access to the lakeshore would be a permitted wetland use not requiring special approvals. The applicants are proposing a dock that is six feet in width. The draft Wetland Ordinance also requires that wetland buffers will be required when a wetland is altered. Staff is reviewing whether the construction of a permanent dock in a wetland should be considered a wetland alteration. If it is determined that the dock is a wetland alteration, a buffer of 35 feet would need to be established and maintained. Staff recommends that the application be reviewed to determine whether there are any potential negative impacts associated with the dock and then tabled pending completion of the wetland moratorium and/or adoption of a new wetland ordinance. Gaffron indicated the proposed dock will be located in a very protected area and the potential for ice damage appears to be minimal. Due to its location largely within a wetland, Staff would recommend against any future request for de-icing around this dock. The applicant had nothing to add to Staff's report. There were no public comments regarding this application. Rahn questioned why the Planning Commission is hearing this application prior to the moratorium being lifted. Gaffron stated one reason this application is before the City Council is because it was anticipated that the City Council would have passed the Wetland Ordinance at one of their prior meetings but that questions have since been raised at the last two city council work sessions regarding the amount of buffer that should be required. Gaffron stated currently there is no minimum buffer required and no wetland ordinance. Rahn inquired whether the Planning Commission has any authority lakeward over 929'. PAGE 12