07-07-1980 Planning Packet - Laserfiche WebLink

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?sr» i 7 . 4 ♦ 4 V TO: FROM: DATE: Planning Conaission and Council Jeanne Mabusth, Zoning Administrator July 2, 1980 SUBJECT: #555 Cortlen Cloutier, 2480 Casco Point Road Conditional Use Permit and Variance Staff Update Planning Coonlsslon asked for an interpretation of the following section of the code 31.110 - as to determining what structure on a given property Is defined as non conforming use/structure. In addition does this ordinance also make a distinction between a non conforming structure and a non conforming use. 31.110. Apply to''U8es" Only. The non-conforming use provisions of the Zoning Code apply only to the use to which land and buildings are put, and do not apply to situations where location or height of structures, lot size or other factors not Involving the use of the premises prevent strict conformance with the requirements of the Zoning Code. Where, however, such a situation existed legally under the prior applicable lav, the Council will not unreasonably require strict compliance and will generally look with favor on granting of a variance under 32.300ff. It is this section that gives Council broader discretionary power In dealing with existing principle structures located within setback areas, on substandard lots, etc. The City does not recognize these principle structures as non conforming uses/structures. A boat house with similar ^setback problems although seemingly a compatible residential use becomes a non conforming use/structure by it accessory c^sslflcatlon. Council's policy on lakeshore accessory structures Is a fair and reasonable use of Its "police power". The City controls encrouchlng principle structures by setback, area, width and hardcore standards, never by designating them nonconforming uses—the City would have to rent Court space. As to the distinction between structure and use - there Is none. An •accessory structure becomes a non conforming use/structure because It docs not meet the standards of the district. The non conforming structure althou^ a permitted, compatible residential use, such as a boat house,lakeshore cabin (accessory to principle structure such as Seifert Case) Is considered a non conforming use. 1980 Update of Cloutier File a) Scheller letter dated June 25, Review of facts 1- Construction begun without permit Scope of original permit - boat house at ground Fee based on following: a-Cost of Material b-Work done by owner c-Ground level boat house (30* x 20'), capped off with a deck. 2- 3-