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If you review the staff exterior boat storage survey of tlie <br />surrounding area, note th.at only one other Pheasant. I-awn resident <br />stores an oversized boat on their property (area 1). The boat is <br />stored 10 to 1 [j feet off Pheasant Road screened by a small shrub. <br />The remaining residents of Pheasant Lawn store their boats out of <br />site. The boat stored in area 2 is located in the front/street <br />side yard. The boat stored in area 7 is located in a <br />lakeshore/front yard. Hy windshield survey reveals a total of <br />eight oversized boats storc'd in the Pheasant I.awn, Shore Hi 1 Is <br />and Narrows area of the City. <br />This is the first variance application to the exterior <br />storage section of the code to be reviewed by the City. <br />I have included an article by Ruthanne Lange in your <br />packets. She approached the City staff seeking information on <br />the ordinance and the City's normal proceedure for dealing with <br />violators. She adv.ised that petitions were being circulated in <br />the Navarre area asking that the City enforce the ordinance. In <br />her closing paragraph she posed the City's dilema. VJhether to <br />enforce or amend an ordinance that does not reflect the boat <br />storage habits within the City. <br />If the City upholds the current code and responds to only <br />the complaints of neighbors, the City will continue to bo charged <br />with acting in a discriminating manor because the violator will <br />point to other violators. A City cannot just single out a few <br />for enforcement when it is obvious there are several violators. <br />It is not difficult to locate boats over 20 feet in length stored <br />on a property. How realistic is our ordinance when the majority <br />of lakcshore lots do not possess rear yards? Are not the boats <br />under 20 feet stored in lakeshore and street yards in violation <br />of the ordinance? <br />If we recomiiieded amending the code and remove the size <br />limitcition, what kinds of exterior storage patt€*rns would be <br />encouraged? Is a limit on size necessary? Is the 20 feet length <br />realistic? If rear yards are not applicable for lakeshore yards, <br />what placement standards are acceptable? The intent of any <br />amendment of this code must bo to protect not only the property <br />rights of residents but at the same tim.e guard against creating <br />undue financial hardships for its residents and legislating <br />unrealistic, or confusing and unpractical standards to live by. <br />Options of Action Available to Planning Commission; <br />a) Lnforce the code ~ recommend that the boat bo removed <br />because the site is not suitable for the storage of a boat <br />in excess of 20 feet, <br />or <br />Recommend the boot be relocated to a more acceptable site - <br />minimum 35' off Count'* Road 19 and Pheasant Lawn Road, 75 <br />feet from lakcshore, 10 feet from a side lot line, and only <br />if natural screening is available or to bo provided and in <br />addition r<-comm*nd to v'ounci 1 that the code be amended. <br />k>