04-08-1991 Council Minutes - Laserfiche WebLink

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REGULAR CITY COUNCIL MEETING HELD APRIL 8, 1991 ($9)ZONING FILE #1628- FINNEY CONTINUED as any non - conforming structure. She said, "Clearly, this structure would never have been approved. The City would only have allowed a four -foot w.'de s`aircase, and four by four foot safety landings on bank such as this. If any repair has to be done to this structure, it has to come before the Council for approval. Staff dotes not have the authority to issue building permits for repairs in such cases." Jabbour noted that the structure was built subsequent to the adoption of hardcover and lakeshore setback ordinances in 1375. He questioned why Staff's recommendation is to designa!e the structure as non - conforming. Mabusth explained that the structure was built eight to ten yea-..-s ago, and that the Finneys are the second owners of the property since that time. She added further that at this point, the stairway structure is helping to support the bank. Butler noted that the applicants are not bring asked to address the stairway structure at this point. Bellows explained that the Planning Commission viewed this situation the same as they would a case involving a boathouse structure. She said, "The City does not require a person who purchaser a property with a boathouse to immediately tear it down. When the structure requires repairs, the issue of removal is then addressed. I would suggest that in this case, since the Finneys are being asked to address the erosion problems, that a long term portion of that plan include a way to bring the stairway structure into compliance, while allowing it to continue to support the bank." Jabbour noted that the City really cannot force the Finneys to provide erosion control. If the Finneys so choose, they can allow the bank to slide into the lake. Mark Finney commented that they had tried to do all they can to control the erosion by planting whatever they can get to grow and hold the bank. Sara Finney. stated that the problem goes much farther than just their property in that water coming from neighboring properties also washes down their bank. Jabbour referred to an application involving a similar structure which was constructed without permits on Big Island. He stated that there needs to be a more specific distinction made as to why these two applications should be viewed differently. Bellows explained that from the Planning Commission's point of view, there is a distinction between a structure that is - 9 -