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<br /> TO: Council, IT (c)) �, ,-Y !
<br /> tz `'` FROM: Alan Pe 4, . Ol,:son, Village Planner P
<br /> '' ,`` DATE: April. 10, 198C
<br /> 11
<br /> ,,A.,'''r;'',;.:)..:1: ' SUBJECT: James Rivers, 1440 Shoreline Drive
<br /> Proposed Rezoning LR-1A to f3-2
<br /> `; `'`= This is a technically complicated application beta tse of varying
<br /> ownership interests, previous applications and rul nets,a,tL an • :`
<br /> X17. overlapping history of use on the property.
<br /> II
<br /> ..r,, - Simply put, Mr. Rivers is requesting rezoning of three parcels of
<br /> land in order to facilitate 1econstruction of his Browns Bay docks,
<br /> ,! . replacing buoys and the existing dock structure with a new floating
<br /> ° ` dock. The area to be rezones, is salown on Exhibit 1. The proposed
<br /> :2 dock rearrangement it shown on Exhibits 2 and 3.
<br /> .
<br /> �. ' 13ACKGfOUND INPOR!IATIONii j
<br /> __._.._ —_._......____....._.
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<br /> %7.44i114,-;,' In 1979, Windward Marine's 1.979 commercial dock license application ° 1
<br /> a"5:` qu ek included a proposal for a major rearrangement of the docks on Browns
<br /> tl. :' Bay. In review of that change, staff took copies of the proposed site 4
<br /> i.'s �a ��4„ plan and compared them to platting maps. We then took the 3.974 legal 1
<br /> ',',01V-'41,'4,,.' descriptions for the B-2 zone and marked them on the plat maps and
<br /> .*, ---,:e-, 1. the site plans. it that point, it ' 'as apparent that the proposed
<br /> rk' fi}' docks would have extended beyond thee legally described zoning district
<br /> J _velv‘ t boundary. In a�ldit.`ori, some of the existing dockage did not conform
<br /> to LMCD's requited Side setbacks. ,*-I
<br /> '' ; Resolution No. 10l'i was adopted granting the 1979 license based upon
<br /> ' the previous year' s dock arrangement but denying those slips encroaching - i
<br /> sa .7.t.' beyond the n-2 lire. This was subsequently amended to allow in 1979 I
<br /> � 'the same number oslips previously licensed pending review of the
<br /> ' >' zoning issues. See Exhibit 4 . 1
<br /> There is no question that the City had previously licensed slips on
<br /> Browns Bay per the 1978 and amended 1979 licenses. The issue is
<br /> ''-'a whether or not the City and/or Mr. River: were aware of the zoning
<br /> i
<br /> boundaries legally c:escr ib. d location.
<br /> ,a PROPERTY OWNERSHIP See Exhibit 5.
<br /> Parcels 1000 and 4000 - Owned by Lohtinen leased by Rivers. These
<br /> ;,. parcels contain the- windward Marine buildings and perking areas.
<br /> }
<br /> :, K ,, .t, Parcel 6000 - Ownr;:3 by Rivers. Contains his homestead - formerly
<br /> ` a r s,;. contained the MAC s pizza building. :
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