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Planning & Zoning Board <br />October 11, 2006 <br />Page 4 <br />Mr. Bengtson presented the staff report. Staff explained that the only decision before the <br />board tonight is the request for variances, and that if the variances are approved then at a <br />later time a request for a Comprehensive Plan Amendment would be brought forth for <br />approval to allow for the proposed intent. Staff is recommending approval subject to the <br />two conditions listed in the staff report. <br />Mr. Tralle asked if this request was similar to an application that came before the board <br />in the past. Mr. Bengtson replied that two applications of a similar nature were presented <br />in the past for Anoka County Park land which involved a blanket variance such as this <br />one. <br />Mr. Laden asked if staff had considered placing a conservation easement over these <br />properties since some areas are zoned Public Semi - Public. Mr. Bengtson stated that there <br />would be easements over the lakeshore side of the properties which would prevent <br />development from occurring beyond the Ordinary High Water Level as well as lakeshore <br />setbacks, therefore a conservation easement was not necessary. Staff stated that <br />individual property owners would maintain these areas. Mr. Laden had concerns about <br />potential clearing and cutting of vegetation in the future. Mr. Bengtson said that staff <br />could discuss options with the city's Environmental Specialist in regard to signage or a <br />program to make landowners aware of the restrictions. <br />Mr. Laden asked if the Environmental Board would review the Comprehensive Plan <br />Amendment. Mr. Smyser replied that this type of application would not typically go to <br />the Environmental Board. Mr. Smyser stressed that the properties involved are very <br />narrow strips of land. He added that the city will maintain a flowage easement over the <br />properties and that the city's shoreland overlay ordinance regulates to some degree. Most <br />property owners have had previous access through these properties and this process <br />would formalize their ownership. <br />Applicant, Bill Tschida, St. Paul Regional Water Services, stated that 22 property owners <br />came to a board meeting requesting ownership of these properties. (Hyden arrived at <br />7:08 p.m.) He said that currently the board grants use of the properties to the property <br />owners, and that this request is completely driven and strictly voluntary by property <br />owners. He explained that property owner will convey the land by quick claim deeds, <br />and the board will retain flowage and drainage easements over the properties with a <br />restriction that no structures can be built on them. He does not think there will be any <br />further lakeshore to be addressed after this request. <br />Mr. Pogalz asked if property owners have had use of this lakeshore property without <br />paying taxes. Mr. Tschida said that property owners have been paying an annual fee to <br />have docks and access to the lake. Mr. Tschida stated that he is unsure if this will cause <br />property taxes to go up. He reiterated that this request is totally driven by the property <br />owners. <br />Mr. Laden asked how the St. Paul Regional Water Services originally acquired the land. <br />Mr. Tschida stated that the governing body was given rights by state statute to acquire the <br />land in order to maintain the water flow. He added that some property was acquired by <br />condemnation while some was given to them. He stated that appraisals were done for the <br />DRAFT MINUTES <br />