11-14-1994 Council Packet - Laserfiche WebLink

Home Browse Search

r Zoning File #1895 September 14, 1994 Page 2 Background The a^licant recently constructed a new 10’ x 12’ storage shed which was noted by the Inspections Department in August 1993. The prc^rty 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 lakeshore setback 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 confimied by the letters from the neighboring property owners. However, such total replacement constitutes a violation of the non-conforming use section of the code, which is written with the clear intent that old structurally unsound buildings near the lakeshore should be removed rather than replace^*. (See Exhibit J). As can be seen from the various items of ctMnrespondence, suff has reiterated to the applicant dut this Structure is illegal and must be relocated to a legal location on the properQf, meeting setback and hardcover requirements. Adding to the problem b 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 yean, and they are inconsistent. The most recent survey merely reflects sufTs interpretation of what the le^ 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 appUcant’s property, results in a signifleant narrowing of the City’s beach right-of-way which could cause signifleant problems for continued use of the beach. Because of this issue, staff recommends that if Planning Commission finds justification to allow the shed to renuin 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 Hardsliip 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 preseitted 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 24.94% in the 75-250’ zone. There is likely a potential for minor hardcover removals to allow the shed to be relocated without a hardcover variance or with a very minor variance of less than 1 %.