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