03-15-2021 Planning Commission Packet

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• Date Application Received: 02/08/2021 Date Application Considered as Complete:02/16/2021 SLOATo 60-Day Review Period Expires: 04/17/2021 To: Chair Ressler and Planning Commission Members y ,� Ron Olson, Interim City Administrator ` � G, -1kESH0°- From: Melanie Curtis, Planner h'1GG Date: 15 March 2021 Subject: #LA21-000017,Joseph &Sara Thull,480 Big Island, Permit for Dock on City ROW(Bay Place) Public Hearing Application Summary: The applicants are 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 recommends approval as detailed on page 4. Background The applicants own 480 Big Island, a non-lakeshore property on the eastern portion of Big Island. They purchased the property in 2010.The applicants' property is sandwiched between the • platted, undeveloped 33-foot wide right-of-way named Anawan Avenue and Lawn Avenue which, via Bay Street, connects to the Bay Place right-of-way(see Exhibit G). Bay Place connects to the lake on the eastern side of the island. There are no developed roads on Big Island. Recognizing no other options for boat dockage,thus safe access to the property,the applicants seek a permit to place a seasonal dock on city right of way, pursuant to the Code Section 78-567. Two dock permits have been issued in the past 20+years: Resolution 4465 attributed to 220 and 130 Big Island (attached as Exhibit F)granted in 2000;and Resolution 2038 attributed to 230 Big Island (Exhibit E)granted in 1986. **New information submitted 03/11/2021** Please see attached Exhibit L:Staff received an updated request and narrative on Thursday afternoon from the applicant in which he addresses some of the comments he has received. Applicable Regulations: Permit for Private Improvements within Public Rights-of-Way(Section 78-567) Section 78-567 provides a mechanism for an inland/off-lake property owner to request a permit to install or construct private improvements on public rights-of-way. A dock would allow access to the applicants' property. This provision only exists within the RS District(Big Island and Deering Island). (Section 78-567 has been abbreviated for analysis below,the entire section is attached as Exhibit D): 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: