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by <br />ict <br />Zoning File #972 <br />October 15, 1985 <br />Page 3 <br />4. A dock built to standards of the LMCD can be constructed within <br />the lagoon and create no navigable hazards to public. <br />5. The two parcels cannot be legally combined because they are <br />separated by public right-of-way. <br />6. The use of an independent tract for solely riparian purposes by a <br />neighboring property divided or separated by public or private ease­ <br />ments or public right-of-way is consistent with current patterns of <br />use of the lakeshore within the City. <br />Approval is subject to following conditions: <br />1. Applicant execute a special lot combination agreement recognizing <br />use relationship with homestead and riparian lots. <br />2. Dock to be constructed per LMCD regulations for existing lot <br />(prior to 1970) with less than 40 lineal '’let of lakeshore. <br />B. Permit to use portion of unused public right-of-way. <br />The City has approved various improvements within unimproved public <br />rights-of-way. I can remember the City approving the following within the <br />last eight years: <br />1. extensiv")n of private sewer lines <br />2. private driveways <br />3. retaining walls <br />4. existing structures within right-of-way <br />Each owner or developer was asked to execute a hold harmless agreement <br />with the City. <br />The applicant has asked to use 18 1/2 feet of submerged road right-of- <br />way to construct a residential dock. The City Attorney advises that the <br />owner may use that portion of the dedicated right-of-way not currently used <br />by the City for construction of the dock. <br />The applicant has advised the dock will not be connected to shore, the <br />dock will be anchored to lake bed and user must step from shore onto dock. <br />There will be no portion of the structure located within dry portion of <br />right-of-way. Review Exhibit 14, the LMCD has stated that as long as there <br />is written agreement among the owners, they will approve a permit for dock. <br />The City Engineer has noted for the public record (Exhibit 16) that <br />approximately 6 feet of the 8 1/2 feet of unused shoulder is needed for <br />adequate maintenance.