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CCP 07-29-2002
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CCP 07-29-2002
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<br />. <br /> <br />. <br /> <br />. <br /> <br />, ' <br /> <br />Memo to Planning Commission <br />Planning Case #02-15 <br />Fred and Sylvia Berndt Special Use Permit Amendment <br />Page 2 of 4 <br /> <br />Special Use Permit Analvsis <br /> <br />Based on Ordinance #334, the Shoreland Ordinance, boathouses require a <br />Special Use Permit to be constructed. The following language taken from the <br />Shoreland Ordinance is illustrative: <br /> <br />334.03 Subd. 6 (B) <br /> <br />Although boathouses are permitted in certain zoning districts, subject to certain <br />restrictions, the Commissioner of Natural Resources requires that they be treated as <br />special uses when they are located in shoreland management districts. Accordingly, <br />boathouses located in shoreland management districts shall be subject to the special use <br />permit procedures contained in this Code and in the City. <br /> <br />334.04 Subd. 5 (A) <br /> <br />Boathouses, Piers, Docks. Setback requirements from Ihe ordinary high water mark <br />shall not apply to boathouses, piers, and docks. location of piers and docks shall be <br />controlled by applicable State and local regulations. Boathouses may be allowed as a <br />special use provided they are not used for habitation and do not contain sanitary facilities. <br /> <br />In addition, the Zoning Ordinance provides the following information relative to <br />the issuance of a Special Use Permit: <br /> <br />Zoning Ordinance Section 7 (A) <br /> <br />It is recognized that certain uses, although generally compatible with the basic use <br />classification of a particular zoning district, should not be permitted generally and as a matter <br />of right to be located in every area included within the zoning district because of hazards <br />inherent in the use itself or special problems which its proposed location may present. Such <br />a use of a particular site may, nevertheless, be specially permitted by means of a special use <br />permit, granted by the council, after the procedures set forth in this ordinance and the City's <br />Policy Manual on land Use Procedures have been complied with, and the council, on the <br />basis of the guidelines and criteria set forth in Section VIII, has determined that the facts and <br />circumstances of the particular case warrant granting the permit. . . . <br /> <br />Taking the above into consideration, the application meets all other Zoning <br />Ordinance requirements including limitations on accessory structure size and <br />height. Based on a review by staff, it was determined that the Department of <br />Natural Resources defers to the local zoning authorities on these types of issues. <br />See the attached information from the DNR website for additional information. <br />For reference, staff has received several calls expressing general opposition to <br />the proposed boathouse. Letters received are also included for your review. <br />
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