1440-1442 Shoreline Dr - HISTORY

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Marina CUPs July 10, 1997 Page 2 ordinance,were defined as Conditional Uses by that ordinance,presumably requiring that a CUP be obtained in order for those uses to continue. Four of these five uses are conditioned on the provision of adequate parking. All of the uses are subject to demonstrated conformance with landscaping and screening requirements. Jim Dunn of Lakeside Marina and Ritchie Anderson of North Shore Marina have both told me that their respective attorneys advised them to not make formal CUP applications for uses which they have historically operated. The history of such uses is as follows: - In the case of North Shore Marina,the On-Demand Launching(Dry-stack)and Caretaker Dwelling Unit uses are well-documented as being in place prior to the 1995 ordinance. North Shore claims to be not operating the other 3 conditional uses. - Lakeside Marina is operating all five conditional uses to some extent. The documentation as to history of these uses is less clear: a. The extent of the boat club operation prior to 1995 is unknown,but it probably was advertised and operated to some degree. b. While no dry-stacking racks are at the site, on-demand boat launching of customer-owned boats stored on trailers at the site may have been occurring prior to 1995. c. The site has long had a ramp suitable for transient boaters to use, and Dunn advises he for many years has,if the marina has space available for car-trailer storage allowed launching for a fee, typically on weekends when the public accesses are full. d. The extent of charter boats picking up passengers at Lakeside is not documented in City records. Dunn claims it has been occurring for many years. e. Dunn indicates he has established an apartment for his own occasional use within the marina building, and he on occasion has stayed overnight for security purposes or when he is in town for only short stays. Both Dunn and Anderson claim their uses as noted above are 'grandfathered', i.e. that they were established prior to the 1995 ordinance and therefore are not subject to the CUP requirement. It was the clear intent of the City that these two marinas would be subject to the CUP requirements. It might be argued that Boat Clubs are merely a form of boat rental,and therefore that the boat club use was a permitted use prior to the 1995 ordinance. However,it is clear that the other four conditional uses were not specifically allowed in the code prior to 1995, and it might then be argued that those uses were not legal. It appears somewhat problematic that the City apparently took no specific action to eliminate or regulate those four uses prior to 1995.