07-22-2019 Council Work Session Packet

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Joint Use Dock - Pirates Cove May 7, 2014 Page 4 Section 82-255, the Lot Standards section of the Orono Subdivision Ordinance, prohibits the granting of easements for lake access, and was first adopted in 1984. It reads as follows: Sec. 82-255. Lakeshore lots. The granting of easements which purport to grant access to the lake to any person for any uses, including but not limited to docking, mooring, swimming and launching of boats, is prohibited and shall be deemed a violation of this chapter and subject to all of the penalties and proceedings as set forth in this chapter. (Code 1984, § 11.31(4)) Analysis of Joint Use Request Preliminary discussions between staff and LMCD indicate that with the shoreline of Lots 6 and 7 totaling approximately 344 feet when measured in a straight line, a total of 6 boats would potentially be allowed at the LMCD and City standard of 1 boat per 50 feet of shoreline. In order for each of the four non -riparian lots to have a slip, the two riparian lots would each be limited to one slip. We will need written confirmation that this situation is acceptable to the two riparian owners. The 1967 easement extended 20 feet either side of the lot line between Lots 6 and 7. If the 1971 easement is determined to have superseded the 1967 easement, then the shoreline length devoted to the easement totals 30 feet. Based on the survey provided, LMCD has indicated a side setback variance to the defined "authorized dock use area" is likely to be required. Issues for Consideration I. The proposed joint use dock appears to fall under the definition of "joint use" in that it appears to be an association of (more than 2) nonriparian landowners within a subdivision adjacent to the lake sharing a dock or dock system providing permanent boat slips for the members. Based on the airphoto record, it is entirely possible that past use of the shared dock system did not rise to the level of obviously needing a joint use license. This site had not been noted by staff as appearing to be a joint use situation during past annual lakeshore inspections by City staff. 2. If the owners of riparian Lots 6 and 7 each agree to be limited to one slip, it would be reasonable to allow credit for their entire lakeshore length toward the total of 6 slips serving 6 lots. On the other hand, if either owner does not agree to such a limitation, then the `1 slip per 50 feet' standard of Section 94-38 would not be satisfied. 3. It is unknown at this time whether this easement would be considered as an existing site under LMCD rules. The easements granted in 1967 and 1971 would appear to predate the 1984 code and might be considered as creating a legal nonconforming situation. 4. If the joint use dock license is approved, it would be reasonable to add a stipulation that each boat stored at the site must be registered to one of the non -riparian lot owners. 5. In addition to the 2012 survey (Exhibit D), the applicant has submitted two proposed dock layouts, each containing 4 slips (see Exhibits E). It appears that both layouts would require side setback variances from LMCD codes. Layout `A' extends approximately 115' into the lake, likely requiring an LMCD length variance, while layout `B' meets LMCD's 100' length limit.