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From:Vickie Schleuning To:Jeremy Barnhart Cc:Adam Edwards; Vickie Schleuning; Matthew Cook Subject:RE: Dock Ordinance Date:Wednesday, July 7, 2021 11:31:27 AM Attachments:image001.png image002.png image003.png image004.png Hello Jeremy, The following information is in response to your inquiry regarding the LMCD code as it relates to a proposed city ordinance which would expand the docking and lake storage at city properties, beyond the existing licensed city sites. I briefly reviewed the draft ordinance and there are a few conflicts with LMCD code. It should be made clear to applicants that they must meet the minimums of the LMCD code and each site needs to be reviewed independently. Further, any deviation from LMCD code would require a variance from LMCD. I would also suggest that you check with your city attorney regarding language about “exclusive rights” to city property since that was a point of contention during the recent litigation involving a different city. It appears that the intent of this ordinance is to only allow private docking/storage at certain city properties located on Crystal Bay Road and Big Island. For Big Island, I understand that the City is contemplating an ordinance establishing a program where inland lot of record holders on Big Island could obtain licenses to dock their boats on city owned docks located on seven platted rights-of-way on Big Island per your map. More details would be required for each site if you choose to apply for licenses to allow the installation of docks and storage of watercraft/structures at these locations. In the meantime, the following general information is offered in light of the proposed ordinance as it relates to the LMCD code. 1.Since these appear to be new dock/storage sites, generally the current code would need to be met for setbacks, length, boat density, etc. If the site does not meet certain code requirements, an application for consideration of a variance could be submitted for review by the LMCD Board if the variance criteria are met. (LMCD Code 6-5.01. Variances) 2.The riparian rights holder and any legal shared rights would be reviewed as part of the application review process. The City would need to verify riparian authority as part of the process and provide information about the reasonableness of the proposed uses. 3.A license is required, and the license holder would be responsible for compliance and ongoing maintenance. 4.The dock use area requirements for length and side setbacks would apply. Setback distances may vary depending on the measurement of the 929.4 ft OHW shoreline. In certain cases, the setback distance may be doubled where not located adjacent to a site with a multiple or commercial dock license. The use of canopies may also affect the required setback. In cases where a site was in existence on February 2, 1970, and has 50 feet or less, reduced setbacks may apply. Please see the enclosed setback requirements for more information. 5.The boat density is generally one watercraft per 50 feet of shoreline. There may be some Council Exhibit G LA21-40