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Zoning Files 1941, #946 & #951 <br />August 14, 1985 <br />Page 3 of 5 <br />Review of Application <br />In the Spring of 1984, after receiving complaints concerning the <br />intense use and reported operation of a commercial marina within the <br />Narrows Lagoon area. Council dii'ected staff to inspect the subject area. <br />Staff advised Council that there was indeed a potential threat to the <br />public health, safety and welfare in the unregulated use of these 20 foot <br />wide riparian tracts (see Exhibit F) given the limited area of the lagoon. <br />The original Registered Land Survey division (1954) created these tracts to <br />provide protected dock use area for the homestead lots wihin that same <br />Registered Land Survey. The covenants dealing with the use of these tracts <br />have long expired (1965) and four tracts are currently in the ownership of <br />non-adjacent land owners. <br />The City was introduced to this multiple dock are in 1979 in the <br />process of reviewing a lot area variance for a Robert Watson. It was an <br />application involving the common ownership of two tracts of lakeshore <br />properties. One was developed, the other undeveloped. A condition of <br />approving that variance application was that both homesteaded lots on the <br />mainlake retain a lagoon tract for dock purposes. As a result, the current <br />owners of Tracts M & N and K & L are the only legal or conforming users of <br />the riparian tracts. The original covenants established standards for the <br />use of these limited properties but they are no longer in effect and many <br />would require variances to our present code. <br />The Marina Committee had been attempting to deal with the six separate <br />owners, two adjacent residential owners and four non-adjacent owners, but <br />found it impossible to come to any agreement because of the diverse owner­ <br />ship pattern and the illegal or unresolved status of Tracts S & T, M & N, K <br />Sr L and E. The chairman of the Marina Committee advised each of the four <br />owners of the need to gain legal status or recognition of their use of the <br />riparian tracts from the Council before the committee could work with all <br />six owners on a safe agreed upon use of the lagoon area. <br />Issues for Consideration <br />1. Can those tracts be put to another reasonable use under the <br />present zoning? <br />2. Were the hardships created by the owners or due to circumstances <br />unique to this property? <br />3. Is the current use of the property out of character with the <br />surrounding lagoon neighborhood? <br />4. Is there a safe level of use for a 20' wide riparian lot? <br />5. Should the fact that these non-conforming uses existed before <br />formal zoning would have deemed the use illegal have any bearing on <br />the review - the City knew in 1958 that these tracts were not owned <br />and used by adjacent land owners. <br />jaM