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7b RCA UPDATED Page 9 of 13 3. The proposed use is not in conflict with any City Code requirements. No specific plans have yet been 310 presented, but any improvements to the controlled access site will need to conform to all applicable 311 City Code requirements or receive variances to specific zoning provisions as may be necessary. It 312 should be noted City jurisdiction stops at the Ordinary High Water Level, with the MnDNR 313 regulating lake structures, such as docks. 314 4. The proposed use will not create an excessive burden on parks, streets, and other public facilities. 315 The proposed shared lake access should not create any discernable burden on parks, streets, or other 316 public facilities that is distinct from the impact of the accompanying residential development itself. 317 5. The proposed use will not be injurious to the surrounding neighborhood, will not negatively impact 318 traffic or property values, and will not otherwise harm the public health, safety, and general welfare. 319 The use of residentially zoned lakeshore land for residential lake access adjacent to a public beach, 320 boat launch, and fishing pier will not create adverse traffic impacts, harm property values, or cause 321 harm to the public health, safety, and general welfare. 322 Beyond these generally applicable conditional use considerations, §1017.21.A (Shoreland Conditional 323 Uses) establishes additional evaluation criteria for conditional uses in the Shoreland Management 324 Overlay District, mandating that a thorough assessment of the waterbody and the topographic, 325 vegetation, and soil conditions on the site shall be made to ensure: 326 1. The prevention of soil erosion or other possible pollution of public waters, both during and after 327 construction; 328 All applicable erosion control requirements and property maintenance regulations in City Code 329 and from other pertinent agencies will be enforced as normal. 330 2. The visibility of structures and other facilities as viewed from public waters is limited; 331 No structures are proposed other than a dock, but any such structures will need to conform to the 332 zoning requirements pertaining to Water Oriented Accessory Structures. 333 3. The types, uses, and numbers of watercraft that the project will generate can be safely 334 accommodated on the site; 335 Watercraft are regulated by MnDNR. 336 4. The impact the proposed use may have on the water quality of the water body is not excessive. 337 Any use of the proposed controlled access must conform to all applicable requirements of 338 agencies regulating water quality. 339 As with all conditional use approvals, the City may add conditions to mitigate potential impacts of the 340 proposed use. While neither staff nor the Planning Commission recommends any conditions of approval, 341 §1017.21.A indicates the City may wish to consider conditions pertaining to the location of 342 improvements or the removal or planting of vegetation. Further to the preceding evaluation criteria and 343 any necessary conditions of approval pertaining to all conditional uses in the Shoreland Management 344 Overlay District, City Code §1017.15.B specifies the following additional standards for controlled 345 accesses, which are paraphrased here for brevity. 346 1. An access must be “suitable” with respect to access and minimizing damage to topography or 347 vegetation; 348 2. It must have a “specific lot size” of at least 170 feet; 349 3. The access must be jointly owned by all homeowners in the subdivision; and 350 4. A homeowners association must govern the use and maintenance of the shared access. 351