11-23-1992 Council Minutes2 - Laserfiche WebLink

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Pheasant Lawn Homeowners ociation November 16, 1992 Page 2 Section 10.55» Subd. 9 (B), Item 3, states that all permanent boat docks or other similar structures are a conditional use within the floodway district^ defined as those areas below the 929.4 elevation. Section 10.56, the Shoreland Regulations, in Subd. 16 (B) "Lakeshore Access Lots”, stipulate that lakeshore access lots shall be designated as outlets, and shall not be subject to minimum lot area or width requirements, but that the number oJ[ inland non-riparian lots which may gain access via said ouTlot may not exceed the number obtained by dividing the out lot wiath measured at the shoreline“~bv the reguired zoning district lot width. The creation of new access outlets may only occur when the building lots being served are separated by an existing public or private roadway from the lakeshore. Finally, any such out lot must be jointly owned by all the owners of non-riparian lots who gain riparian access, and covenants must be in place that define what activities are allowed and must limit the number of vehicles to be parked, the number of watercraft to be stored, etc. Doesn't Meet Width Standard for Six Slips As measured by the LMCD, the length of shoreline contiguous with the multiple dock is 280*. LMCD approved this for six slips at a density level of li47'. The City would, according to the Shoreland Regulations, measure the shoreline length as a straight line between the points at which the side lot lines intersect the shoreline. Based on our straight line measurement, the actual lot width would be about 200', which in this LR-IB, 140* width residential sone would allow for only one lot to gain riparian access under current codes, but would not limit the number or slips, leaving that to LMCD. Kecoqnition of Bxisting Won-conformity Notwithstanding the above noted code sections which would generally disallow creation of the Pheasant Lawn multiple dock under today's standards, this dock system has been in place and in continuous use since prior to adoption of t. e code sections which regulate it. One could argue whether it is a "legally established non-conformity* (as addressed in Section 10.56^ Subd. 17, copy attached) from the standpoint that it has never been legally licensed, although such license has been required on an annual basis since 1963. Given the long history of continuous use, the Homeowners Association which has been in place since 1979, and the reliance by specific property owners that they have a legitimate lake access, the City may wish to consider this multiple dock use as a pre-existing non-conformity, the use of which will now be legitimized through an annual joint use dock license.