Laserfiche WebLink
CASE NUMBER: 1412-82 <br />APPLICANT: Edward McCarty <br />1 <br />December 1982 Page 4 <br />5. <br />It appears that a portion of articial shoreline was constructed as one time <br />and to our knowledge was done so in the southerly portion of the shoreline <br />contiguous to Mr. McCarty's property. None of the drawings submitted <br />indicate where this previous "wall" existed. In any case, if it was <br />deteriorated to the point where it needed total replacement, it would <br />appear not to qualify as a non -conforming structure. <br />6. <br />Mr. Steve North, Assistant City Manager, has been in touch with Kent <br />Lokesmoe from the Department of Natural Resources who informs Mr. North <br />that the extension of fill into the lake is expressly prohibited by the <br />DNR and would not be approved. Mr. Lokesmoe indicates that Mr. <br />.McCarty noted that portions of the wall had previously been in existence <br />which according to Mr. Lokesmoe would have some bearing on whether or not <br />a permit would be issued by the Department of Natural Resources. <br />_ <br />He indicates a <br />, permit from the DNR is necessary for the construction of. <br />`- <br />the wall, to the extent it has already been done and for its completion. <br />If the'City does not approve the variance to the Shoreline Zoning ordinance <br />as requested, a petition before the DNR becomes moot. <br />7. <br />The Planning Commission and Council may wish to consider the consequences <br />of an approval of the variance. It would appear that if the variance is <br />.granted,,then-a precedence will have been established, allowing ;:others to <br />- apply for a`.similar variance and thus be allowed to construct such <br />Artificial shorelines contiguous to their property. If this is d(-,ie in <br />even parts :of the lake, the aesthetic impact and degradation of the lake <br />`f <br />will be substantial. The City has invested substantial funds in the <br />acquisition of contiguous park properties around the lake. The, protection <br />:t <br />:of "that public interest in the form of the preservation of the .natural;,,: <br />amenities of the shoreline seem to be of prime importance to the general <br />public interest. <br />�y <br />r <br />t <br />µ <br />