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