HomeMy WebLinkAboutLA21-000017 (480 Big Island) Ex D CSR1AGENDA ITEM
Prepared By: mcc Reviewed By: J. Barnhart Approved By:
1. Purpose. This application is regarding a permit to place a private dock on city right-of-way on
Big Island.
2. MN§15.99 Application Deadline. The application was received on February 8th and considered
to be complete on February 16th. Therefore the initial 60-day review timeline has been extended,
and the review period now expires on June 16, 2021.
3. Background. The applicants own 480 Big Island, a non-lakeshore property on Big Island.
Pursuant to City Code Section 78-567, the applicants request approval to place a private dock on
the right-of-way (Bay Place). Big Island is zoned RS, which is the only district where a non-
lakeshore property is permitted access to the lake; the city may issue a permit for a dock in the
right of way, or the property owner may obtain an easement over private property.
4. Summary. The layout of Big Island includes a system of platted, undeveloped city rights-of-way
including some that terminate at the lake shore. The rights-of-way are utilized for pedestrian
access throughout the island, for access to inland properties, and for property owners to receive
delivery of materials and services where access from the lake is challenging (i.e. septic pumping
and installation). The city does not maintain the rights-of-way and the clearing of vegetation
beyond what is necessary to support pedestrian access is not supported or permitted. The majority
of properties owned on the island are lakeshore properties or, if inland, are owned in kind with a
lakeshore property. The Code provides for those limited number of non-lakeshore, inland lots to
gain access via a private dock installed on a city right-of-way via a permit issued by the City
Council.
Historically, only two dock permits have been issued: Resolution 4456 attributed to and shared by
220 and 130 Big Island granted in 2000; and Resolution 2038 attributed to 230 Big Island granted
in 1986 (both attached as Exhibit D). Until the current application, no other requests have been
approved to staff’s knowledge. Council may recall, in 2019, a request for a dock on right-of-way
was made on the western portion of Big Island (#LA19-000086). That property owner had been
historically utilizing an informal easement over a neighboring lakeshore property. As a result of
this request, the City proceeded with a text amendment to the Subdivision Regulations (Chapter
82) to facilitate the creation of a legal lake access easement only in the RS District; this was
added to the Code in 2020. The text amendment resolved the access issue and that right-of-way
permit request was withdrawn.
5. Planning Commission Vote and Comment. On March 15, the Planning Commission held a
public hearing. During the public hearing a number of comments were provided by the public.
The Commission felt there were a number of outstanding issues requiring further research and
discussed tabling the request. However, following the public hearing the Planning Commission
voted 5-1-1 [5 in favor, 1 opposed (Ressler), 1 abstain (Bollis)] on a motion to deny the
application.
6. Public Comment. Written comments from the public are attached as Exhibit F. Several
Item No.: # Date: 12 April 2021
Item Description: #LA21-000017, Joseph & Sara Thull, 480 Big Island,
Permit for Dock on City ROW (Bay Place)
Presenter: Melanie Curtis
Planner
Agenda
Section:
Planning Department
Report
AGENDA ITEM
Prepared By: mcc Reviewed By: J. Barnhart Approved By:
members of the public attended the public hearing. Some of their concerns are summarized
below. Council should reference the draft Planning Commission minutes (Exhibit E) and the
video from the public hearing to review the public comments in their entirety.
Identified Concerns during the Hearing:
• Lot of Record/Buildability: Prior to 2011, the City considered lots which were
significantly substandard in area/width to be unbuildable. A property owner could apply
for a variance but our standards for approval were different and more stringent than they
are currently as guided by the State Statue. In or around 2011, the State updated the
statutes regarding nonconforming properties as far as buildability was concerned,
particularly in the Shoreland. The Statute revisions outlined minimum guidelines for
determining buildability and when/if a variance would be required from local zoning
standards. Following the Statute updates the City’s code was updated to be in line with
the revised allowances and standards.
• Tree removal: A number of the public comments referenced tree removals in the right-of-
way. The applicants have not proposed removal of any trees within the walking path from
the proposed dock location to their lot. If trees become a concern, the applicants
understand that the City requires permits and approvals for any tree removals within the
75-foot setback and within the City’s right-of-way.
• Wetland: Comments were made that the intended dock location is a Key Conservation
area, as determined by the MCWD. The MCWD mapping indicates that a majority of
Big Island is classified as a Key Conservation Area. Pending confirmation from the
MCWD, Staff notes that there do not seem to be specific regulations regarding the Key
Conservation Areas.
• Island Access for Construction/Contractors: The applicants chosen location is not what is
considered the common/primary access for deliveries of materials, septic and well
drilling contractors, etc., that location is the improved right-of-way situated between 450
and 460 Big Island. A dock in this location would block this historical access.
• Permit 2038 revocation: The wording in Resolution 2038 is clear. “Should there be any
other requests from inland property owners to use this site for the installation of a dock to
their properties, this permit is automatically revoked…” although not the applicants’
intent, their request to install a dock on this location triggers this revocation. The
applicants’ amended request to install a dock and share the use of the dock with the
owners of 230 Big Island appears to provide a solution, though when pressed by the
Commission, the owner of 230 Big Island does not wish to share.
• Winter Dock Storage: Most property owners store their private docks on their lakeshore
properties. In keeping with the spirit of this practice, the applicants have proposed a
storage location on this right-of-way, on the south side of the corridor, out of the way of
any winter access needs.
• Other inland properties: There are only two additional interior lots on this portion of the
island (490 and 500 Big Island) without lake access who may, in the future, request a
permit for a dock on right-of-way. The other remaining inland properties on the east side
are in common ownership with a lakeshore property, thus providing the opportunity for a
dock.
7. Staff Recommendation. Staff recommends approval of a dock to be shared by the applicants
and the owners of 230 Big Island, with the following conditions:
a) The location of the installed dock shall be approved by the LMCD, and shall be approved
by the City Administrator.
AGENDA ITEM
Prepared By: mcc Reviewed By: J. Barnhart Approved By:
b) The permit issued shall be valid for one year, and shall be subject to change, alteration or
revocation for cause by the council at any time, and shall be automatically renewable on
the anniversary of the date of issuance except upon written notice from the city to the
permittee at least 30 days prior to the anniversary date.
c) The approval should identify which properties have rights to use the dock, and each
owner shall be permitted one boat slip for use by the owner of the property exclusively.
d) The dock shall be removed for the winter season. A winter storage location should be
identified and approved by staff.
e) Dock sections shall not exceed 6-feet in width.
f) No canopy shall be erected.
Note, this approval, if granted, can be reviewed and adjusted on an annual or as-needed basis. Should the
City undergo a study to evaluate a more suitable or long-range solution such as a city-installed dock to be
shared for use by the interior lots, for example, the permit can be reevaluated. Further, as part of this
solution, staff recommends the City survey and delineate this right-of-way corridor to prevent any
unintended trespassing or encroachments.
COUNCIL ACTION REQUESTED
1. Staff requests the following: Direct staff to draft a resolution of approval based on the conditions
above, or denial. If denial, the Council should state reasons.
2. Direct staff to explore a more comprehensive solution for interior lot access on Big Island.
3. Direct staff to solicit cost estimates to delineate right-of-way corridors.
Exhibits
Exhibit A. Applicants’ Revised Narrative
Exhibit B. City Code Section: 78-72 Lots of Record
Exhibit C. City Code Section: 78-567 Permit for private improvements within public rights-of-way
Exhibit D. Resolution Nos. 2038 and 4456 – Dock Permits
Exhibit E. Draft PC Minutes
Exhibit F. All Public Comments Received
Exhibit G. PC Staff Report
References
PC Exhibits of 03/15/2021
Exhibit A. Application
Exhibit B. Applicant’s Narrative & Maps
Exhibit C. Aerial Photo
Exhibit D. City Code Sections
Exhibit E. Resol 2038
Exhibit F. Resol 4456
Exhibit G. Hennepin County Half-Section Map
Exhibit H. Big Island Record Lot Maps
Exhibit I. Public Comment
Exhibit J. Property Owners List
Exhibit K. Plat Map
Exhibit L. New information from applicant submitted Thursday 3/11 afternoon