10-17-1994 Planning Packet - Laserfiche WebLink

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Zoning File #1895 September 14, 1994 Page 2 Background The iq^pticaiit recently ccnstrvKted a new 10’ x 12’ storage shed which was troted by the Inspections F^artment in August 1993. The propeny owner was advised that such a shed is not an allowed use and to leave it in its current location would require variances from the lakcshore scib«:k and hardcover requirements. Mr. Wolfe has acknowledged that the shed is essentially a complete replacement of a shed that formerly existed in the same location. This is confirmed by the letters from the neighboring property owners. However, such total replacement constitutes a violation of the non-conforminc use section of iIk code, which is written with the clear intent that old structurally unsound buildings near the lakcshore should be removed rather than replaced. (See Exhibit X). As can be seen from the various items of correspondence, staff has reiterated to the applicant that this strucuire is illegal and must be relocated to a legal location on the property, meeting setback aikl hardcover requirements. Adding to the problem is that the eastern boundary of the property is in question due to lack of detail in the original 1879 plat and due to a legal description that lacks detail. In fact, many surveys of the property have been done through the years, and they are inconsistent. The nu>st recent survey merely retlects stall's interpretation of what the legal description intended to describe, and which applicant’s surveyor felt had as much justification as any of the previous versions. Problematically, this most recent version, while placing the shed within applicant’s property', results in a significant narrowing of the City’s beach right-of-way which could cause significant problems for continued use of the beach. Because of this issue, stall recommends that if Planning Commission finds justification to allow the shed to remain as located, such approval should be conditioned on applicant completing a torrens or land registration action to reach a conclusion as to where the property line actually is. Statement of Hardship Please review applicant’s hardship statement on the application form and his letter of request. Given the relatively clear intent of the municipal code, is there any justification presented that supports the existing shed location? There arc other places on the property (see Exhibit H) in which a shed could be legally located. Existing hardcover as calculated by staff is 24.947c in the 75-250’ zone. There is likely a potential for minor hardcovei removals to allow the shed to be relocated without a hardcover variance or with a very minor variance of less than 1%.