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CCP 02222021
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CCP 02222021
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Roseville City Council
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Council Agenda/Packets
Meeting Date
2/22/2021
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310 3. The proposed use is not in conflict with any City Code requirements. No specific plans have yet been <br />311 presented, but any improvements to the controlled access site will need to conform to all applicable <br />312 City Code requirements or receive variances to specific zoning provisions as may be necessary. It <br />313 should be noted City jurisdiction stops at the Ordinary High Water Level, with the MnDNR <br />314 regulating lake structures, such as docks. <br />315 4. The proposed use will not create an excessive burden on parks, streets, and other public facilities. <br />316 The proposed shared lake access should not create any discernable burden on parks, streets, or other <br />317 public facilities that is distinct from the impact of the accompanying residential development itself. <br />318 5. The proposed use will not be injurious to the surrounding neighborhood, will not negatively impact <br />319 traffic or property values, and will not otherwise harm the public health, safety, and general welfare. <br />320 The use of residentially zoned lakeshore land for residential lake access adjacent to a public beach, <br />321 boat launch, and fishing pier will not create adverse traffic impacts, harm property values, or cause <br />322 harm to the public health, safety, and general welfare. <br />323 Beyond these generally applicable conditional use considerations, §1017.21.A (Shoreland Conditional <br />324 Uses) establishes additional evaluation criteria for conditional uses in the Shoreland Management <br />325 Overlay District, mandatingthat a thorough assessmentof the waterbody and the topographic, <br />326 vegetation, and soil conditions on the site shall be made to ensure: <br />327 1. The prevention of soil erosion or other possible pollution of public waters, both during and after <br />328 construction; <br />329 All applicable erosion control requirements and property maintenance regulations in City Code <br />330 and from other pertinent agencies will be enforced as normal. <br />331 2. The visibility of structures and other facilities as viewed from public waters is limited; <br />332 No structures are proposed other than a dock, but any such structures will need to conform to the <br />333 zoning requirements pertaining to Water Oriented Accessory Structures. <br />334 3. The types, uses, and numbers of watercraft that the project will generate can be safely <br />335 accommodated on the site; <br />336 Watercraft are regulated by MnDNR. <br />337 4. The impact the proposed use may have on the water quality of the water body is not excessive. <br />338 Any use of the proposed controlled access must conform to all applicable requirements of <br />339 agencies regulating water quality. <br />340 As with all conditional use approvals, the City may add conditions to mitigate potential impacts of the <br />341 proposed use. While neither staff nor the Planning Commission recommends any conditions of approval, <br />342 §1017.21.A indicates the City may wish to consider conditions pertaining to the location of <br />343 improvements or the removal or planting of vegetation. Further to the preceding evaluation criteria and <br />344 any necessary conditions of approval pertaining to all conditional uses in the Shoreland Management <br />345 Overlay District, City Code §1017.15.B specifies the following additional standards for controlled <br />346 accesses, which are paraphrased here for brevity. <br />347 1. An access must be “suitable” with respect to access and minimizing damage to topography or <br />348 vegetation; <br />349 2. It must have a “specific lot size” of at least 170 feet; <br />350 3. The access must be jointly owned by all homeowners in the subdivision; and <br />351 4. A homeowners association must govern the use and maintenance of the shared access. <br />7b RCA UPDATED <br />Page 9 of 13 <br /> <br />
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