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w • <br />In looking at the situation, we thought it made sense to look at it in five different ways: <br />■ The phjfsical characteristics of the area in question and what is appropriate <br />• Original intent for the dock area <br />■ The histoiy of what’s happened relative to these docks in the last 15 years since the <br />Conditional Use Permits were granted <br />• How the current use of the docks no longer conforms to the conditions set forth in the <br />Conditional Use Permit <br />■ Resident docks without Conditional Use permits <br />Specifics of each are as follows: <br />Physical Characteristics of the Dock Area <br />■ The area where the docks are located is very shallow, ranging in depth from 2-4 feet. <br />• Because the area is so shallow, docks need to be 40 feet plus in length to be usable in periods <br />when the lake is low. <br />There is a very narrow channel leading back to the non-resident dock area. At the narrowest <br />it is approximately 60-70 feet from the end of the dock at 2765 Shadywood to the other <br />shore. <br />Because of the shallow depth of the channel, the navigable area at the narrowest part of the <br />channel leading to the docks is only approximately 20 feet wide. <br />In testifying before the planning commission in January, one of the non-resident dock <br />owners, Miegel, testified regarding the narrowness of the channel and that there wasn’t <br />room for large boats. He stated that a 33-34 foot boat w*as the maximum that would be <br />appropriate for the area. This is smaller than a number of the boats currently docked at the <br />non-resident docks. <br />■ Due to the very' shallow depth and narrowness of the channel, extremely large boats are not <br />appropriate for the non-resident dock area. In 1985, the boats docked at the non-resident <br />docks were much smaller than those docked there today. <br />Orieinal Intent of Dock Area <br />■ In taking a historical look at the dock situation, it’s important to go back to the original <br />intent and plan for the neighborhood and docks. <br />■ The docks were established when the neighborhood was originally plotted. <br />■ The docks were created solely for neighborhood residents. <br />■ The covenants of the neighborhood development clearly specified that the docks were for <br />neighborhood residents and the path behind the boats w*as to be used to take things to and <br />from your boat, and not as a car park area. There was certainly no overnight parking <br />envisioned or allowed.