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hr <br />f . <br />t <br />Zoning Files #941, 1946 & #951 <br />August 14, 1985 <br />Page 2 of 5 <br />Tracts R i O have contained docks since the early 60's. Each dock, as <br />with the others, maintain a zero lot line setback. Both docks have had <br />each one sail boat over 16 feet stored for the summer season. To my <br />knowledge there has never been another boat kept at these docks. Tracts Q <br />& P are the land tracts providing a parking space for each owner. Access <br />to these tracts are via Dick Ogle's property to the south. <br />b) Donald C. Cook <br />Cook has owned Tract E, a riparian tract since 1979 or 1980. The <br />tract was originally owned by an adjacent land owner and when the subject <br />owner sold his homestead lot, the riparian tract was not included in the <br />sale but sold independently to Cook. The covenants governing the special <br />ownership combinations for the riparian tracts owned by adjacent land <br />owners expired in January of 1965. <br />Cook has maintainc-d 1 boat over 16 feet in length at the zero lot line <br />dock since his ownership. Cook does not own the contiguous land Tract D. <br />Dick Ogle owns Tract D. Cook effectively has no legal land access to his <br />riparian tract. This should be resolved between the private parties. At <br />present his only legal access to the tract would be via the public waters. <br />The land tracts serve as off-street parking for 1 car. Cook would be <br />allowed to park on County Road 19 and use an adjacent land tract to achieve <br />land access but this is not an arrangement that neither the City would <br />condone via the adjacent neighbors. If these non-conforming uses are to be <br />approved by the City, there use inust in no way place any unnecessary <br />hazards and risks in the use of the properties or create nuisances for the <br />surrounding property owners or the general public. <br />John Thimmesh <br />Thimmesh is the current owner of recently combined Tracts S & T. This <br />property remained with the original owner/developor's family until 1984. <br />It was the request of a potential buyer to build a new dock that commenced <br />this year long review process. Tract S has had a zero lot line dock for <br />many years. The ipplicant asks if this property could bo owned jointly <br />with another individual. 1 have explained that this review may establish <br />limits on the use of these docks so that joint ownership is impractical. <br />He understands our concern but also asks that the City consider that a non- <br />adjacent owner could maintain 2 boats in trxcess of the 16 foot length and <br />not encroach on adjacent dock areas or create hazards for navigation within <br />lagoon. I suggested that the City would be wary of the potential to rent <br />or lease the second slip and add to the parking congestion problems within <br />the neighborhood. He advised that this was not his intention but that he <br />had planned at some future date to acquire a collec'.or type boat in excess <br />of 16 feet length. I advised Thimmesh to come back at that time to amend <br />his original conditional use permit per Council approval.