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124 4. The proposed use will not create an excessive burden on parks, streets, and other public facilities. <br />125 The proposed shared lake accesses should not create any discernable burden on parks, streets, or <br />126 other public facilities that is distinct from the impact of the accompanying residential development <br />127 itselfbecausethe boardwalks and pier-style docks are designed to impose minimal impact to the <br />128 wetland and lake. <br />129 5. The proposed use will not be injurious to the surrounding neighborhood, will not negatively impact <br />130 traffic or property values, and will not otherwise harm the public health, safety, and generalwelfare. <br />131 Several shared accesses already exist on Lake Owasso and the use of residentially zoned lakeshore <br />132 land for residential lake access will not create adverse traffic impacts, harm property values, or cause <br />133 harm to the public health, safety, and general welfare. <br />134 In addition to these generally-applicable conditional use considerations, City Code §1017.21.A <br />135 (Shoreland Conditional Uses) establishes additional evaluation criteria for conditional uses in the <br />136 Shoreland Management Overlay District, instructing that a thorough evaluation of the waterbody and the <br />137 topographic, vegetation, and soil conditions on the site shall be made to ensure: <br />138 1. The prevention of soil erosion or other possible pollution of public waters, both during and after <br />139 construction; <br />140 All applicable erosion control requirements and property maintenance regulations in City Code and <br />141 from other pertinent agencies will be enforced as normal. <br />142 2. The visibility of structures and other facilities as viewed from public waters is limited; <br />143 No structures are proposed other than docks, boardwalks,and turf paths, but any such structures will <br />144 need to conform to the zoning requirements pertaining to Water Oriented Accessory Structures. <br />145 3. The types, uses, and numbers of watercraft that the project will generate can be safely <br />146 accommodated on the site; <br />147 Watercraft are regulated by MnDNR. <br />148 4. The impact the proposed use may have on the water quality of the water body is not excessive. <br />149 Any use of the proposed controlled accesses must conform to all applicable requirements of agencies <br />150 regulating water quality. <br />151 Regarding the above findings and evaluation criteria, many of these topics were reviewed extensively as <br />152 a part of the EAW process. The EAW was made available to the public and many governmental <br />153 agencies for comment, with the proposed plans incorporating those comments and ensuring minimum <br />154 requirements are met. <br />155 As with all conditional use approvals, the City may add conditions to mitigate potential impacts of the <br />156 proposed use. While staff is not recommending any conditions of approval given the applicant has <br />157 already undergone an extensive review process and has revised the proposed plans to address the <br />158 feedback received from those processes, §1017.21.A indicates the City may wish to consider conditions <br />159 pertaining to the location of improvements or the removal or planting of vegetation. Further to the <br />160 preceding evaluation criteria and any necessary conditions of approval pertaining to all conditional uses <br />161 in the Shoreland Management Overlay District, City Code §1017.15.B specifies the following additional <br />162 standards for controlled accesses, which are paraphrased here for brevity. <br />163 1. An access must be “suitable” with respect to access and minimizing damage to topography or <br />164 vegetation; <br />165 2. It must have a “specific lot size” of at least 170 feet; <br />166 3. The access must be jointly owned by all homeowners in the subdivision; and <br />7e RCA.docx <br />Page 5 of 7 <br /> <br />