08-19-1985 Planning Minutes - Laserfiche WebLink

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MINUTBS OP THE PLANNING COMMISSION MEETING HELD AUGUST 19, 1985. PAGE 3 #941-1946-1951 2739 SHAOYWOOD RD. continued Zoning Administrator Mabusth stated that the question is how to deal with the non-conforming use of these properties. Mabusth noted that the City has been aware of the non- conforming use of these lots since the late 50's. Mabusth gave a short background as to when these lots were purchased by the applicants'. Mabusth indicated that because the applicants' are non-adjacent property owners creates the illegal non-conforming use, which has been a non-conforming use for the past 30 years. Mabusth also noted that some of the tracts have been combined and some have not. All three applicants indicated that their request is to be allowed to use the lots for boat dockage. In order to do this, the City must recognize them as a legal non-conforming use. Rovegno questioned, since back in 1955 this use was apparently a legal thing to do, at what point did it become an illegal use? Zoning Administrator Mabusth indicated the change occurred in 1967, when the formal zoning came in. Zoning Administrator Mabusth stated that the Planning Commission is being asked to address two things: 1) recognize these lots as a legal non-conforming use 2 ) grant conditional use permits because these lots have accessory structures with no principal structure. Mr. Ogle stated that issues to be considered are that the applicants' want tc change the conformity of the lots, the lots were intended for residents, parking and access problems for guests, and the problem with regulating the use and number of boats being docked. A person from the public stated that the LMCD allows one boat per 100 feet of lakeshore and the lots in question are 20 foot lots. Tom Frahm, Chairman of the Marina Committee, stated that the Marina Committee found a problem with the number of boats and ownership of boats. Frahm stated that the real problem is that the Marina Committee felt they could not deal with the dockage problem without a legal definition of what these pieces of property are, which is why it is before the Planning Commission. Rovegno wanted to make clear the Planning Commission's issues in this matter which is a conditional use permit to allow an accessory use absent a principal use and variances because the lots are sub-standard under the terms of today's zoning review. Rovegno felt that is what probably a reasonable use because it has been done for over 30 years. Rovegno questioned whether these docks have permits from the LMCD.