11-18-2019 Planning Commission Packet

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Date Application Received:09/21/19 Date Application Considered as Complete:9/25/19YJD . 60-Day Review Period Extension Expires: 01/23/20 y To: Chair Ressler and Planning Commission Members 11104., Dustin Rief, City Administrator 4kEsHO‘1"ti From: Melanie Curtis, Planner I'Y1GG Date: 18 November 2019 Subject: #LA19-000086,J. Marie Fieger, 580& 590 Big Island Permit for Dock on City ROW Public Hearing Application Summary: The applicant is requesting a permit to install a dock on City right-of- way to access their non-lakeshore, interior property on Big Island. Staff Recommendation: Planning Department Staff recommends approval. Background The applicant owns 580 and 590 Big Island,two non-lakeshore properties on Mahpiyata Island, the western portion of Big Island. The applicant's properties are adjacent to the platted 30-foot wide right-of-way between 570& 600 Big Island. The applicant is requesting approval to install a seasonal dock on this right-of-way, pursuant to City Code Section 78-657.This code provision provides a mechanism for an off-lake property owner to request a permit to install or construct private improvements on public rights-of-way. The dock allows access to their property. There are no roads on big island. This provision only exists within the RS District (Big Island and Deering Island), however not on the mainland. Applicable Regulations: Permit for Private Improvements within Public Rights-of-Way (Section 78-567) This section states that"it is unlawful for any person to alter, improve or use for private purposes in any RS district any platted public right-of-way... without first obtaining a permit from the council, as follows"(The following section has been abbreviated for analysis,the entire section is attached as Exhibit E): 1. Inland property access, persons desiring access to property located inland and not abutting the shoreline may apply for a permit to privately use and/or improve platted public right-of-way for such purpose.The permit applicant shall demonstrate and the council shall find: • That there is no reasonable alternative access available. The applicant's property does not abut the lake or a public dock access. • That the proposed improvements and/or type of use would not unreasonably affect other properties abutting the right-of-way. The installation of a seasonal dock on the right-of-way as proposed should not adversely impact the other properties on this side of the island as all but the applicant's properties are lakeshore properties.