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Zoning File #972 <br />October 15, 1985 <br />Page 4 <br />The real issue is to determine whether this use is compatible with the <br />P^^lic*s use of Ferndale Road* Will the dock create safety concerns or <br />hazards for the public roadway. The City would ask that no portion of the <br />dock ever be extended into existing shoulder area of road. In addition, <br />the City will not allow parking of cars in the use of the residential dock <br />- pedestrian access from homestead lot is only permitted. Dock must be <br />classified as temporary structures as City may be asked to fill and widen <br />access if necessary at a future date. <br />The precedent setting by aspect of this request poses great concern <br />for the City. Staff has established a list of the following issues to be <br />addressed in each such case: <br />1* Title History — the parcel has been legally recognized as one unit <br />since 1954 when owners applied to register the title. <br />_Platting History - original Lot 9 was platted in 1902 - the <br />25'x25' portion of Lot 9 was created around 1945 - prior to formal <br />City wide zoning. <br />3. Physical Characteristic of the Property and Surrounding Properties <br />- Tract is located within a protected lagoon. The 25 feet of lineal <br />footage abutting the roadway would provide adequate area for a <br />residential dock. LMCD standard allows a lot with less than 40 feet <br />of lineal shoreline to construct a dock to 3 feet of water depth but <br />not to exceed 60 feet in length. <br />4. Taxing Records - the tract has an individual P.I.D. and is taxed <br />by the State. <br />5. Public Safety Issues - if dock is constructed per LMCD standards <br />and dock use is controlled per City's guidelines there is no public <br />safety problem. <br />6. Interference With Use of Public Property - the dock will not be <br />connected to shoreline. There will be no structures located within <br />dry portion of right-of-way. Pedestrian access only to dock. City <br />Engineer has confirmed that 6 feet of 8 1/2 feet of dry shoulder area <br />is needed for adequate maintenance. <br />Staff recommends approval of a permit to Shaver/Tearse to use that <br />portion of Ferndale Road not used by the City based on one or more of the <br />findings noted above. <br />I a iliilkyinaii mi.