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To:Planning Commission Members <br />Pn <br />Date: <br />Jeanne A. Mabusth, Zoning Administrator <br />October 15, 1985 <br />Subject: #972 Shaver/Tearse, 1080 Ferndale Road West - Variance <br />A) Variance to Section 10.23, Subdivision 5 A to permit construction of an <br />accessory structure (dock) on lot that cannot sustain a principal <br />structure. <br />B) Permit required per Section 6.07, Subdivision 1, City will require a <br />written permit to permit structure on unused portion of public right-of- <br />way. <br />List of Exhibits <br />Exhibit 1 - <br />Exhibit 2 - <br />Exhibit 3 - <br />Exhibit 4 - <br />Exhibit 5A ' <br />Exhibit 5B • <br />Exhibit 5C <br />Exhibit 5D • <br />Exhibit 6A - <br />Exhibit 6B • <br />Exhibit 6C - <br />Exhibit 6D • <br />Exhibit 7 - <br />Exhibit 8 - <br />Exhibit 9 - <br />Exhibit lOA <br />Exhibit lOB <br />Exhibit llA <br />Exhibit IIB <br />Exhibit 12 • <br />Exhibit 13 • <br />Exhibit 14 • <br />Exhibit 15 • <br />Exhibit 16 ■ <br />Current Dead <br />Survey of 4/4/85 <br />Survey of 6/26/85 <br />Plat of North Shore Cottage Acres <br />Bagley Certificate of Title <br />• Ritz Certificate of Title <br />Kingman Certificate of Title <br />Garske Certificate of Title <br />RLS 441 <br />RLS 397 <br />RLS 1123 <br />RLS 1350 <br />Tax Statement - P.I.D. 02-117-23 43 0011 <br />Plat Map <br />Copy of Abstract of Riparian Tract <br />- Zoning Administrator's Letter 4/28/82 <br />- Building Official's Letter 5/34/84 <br />- Staff Review of Old Survey <br />- Location of Shoreline on Same Survey <br />Memo - Walter H. Rockenstein 9/8/85 <br />Statement of Facts and Argument - John J. Taylor <br />LMCD Letter 8/8/85 <br />City Attorney Radio's Memorandum 9/6/85 <br />Council Minutes 9/9/85 <br />S' <br />4^ <br />Many issues have been raised and addressed during the Council's review <br />of this application. We have had formal opinions from the applicant's <br />attorney, a neighboring property owner's attorney and the City Attorney <br />(review Exhibits 13, 12 & 15). <br />At their meeting of 9/9/85 the Council directed the Planning <br />Commission to review two of these issues as follows: <br />A. Formal variance review to permit construction of a dock on a lot <br />that does not contain a principal structure. <br />B. Right to use unused portion of public right-of-way for private <br />dock purposes.