11-28-1988 Council Packet - Laserfiche WebLink

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23, 1083 Staff has enclosed sections of the L.M.C.D. code, re, iew Exhibit C t3ec:.,on 2.0d'., Subd;.v:sions As aj.C1-.;ants no au :.n r e Cam�_c: rev`ew, the L.M.C.D. would have Lermitred an accesscr-. s-__'1cture cn �roLerty since it was cr?3t?d prior to 1979. If `!he t="C-s '.'%pre create'] after 1978, a principal residence would have been required. In Section 2.01, Subdivision 3, Common Use of Adjacent Dock Use Areas of the L.M.C.D. code, suggests that a principal residence is not required, merely a legal dock use area to be shared by both owners. The applicants also noted to str F that the likelihood of a lakeshore homestead owner agreeing to share a _.agle dock with an adjacent, undeveloped, riparian tract would be very rare, especially if that owner agreed to limit his dock use to two slips. Resl.or.se to Item 6 - the applicants rote that the lot line rearrangement will eleviate the violation of the setbacks of Mr. Tillotson's dock as the proposed shared dock will be located solely on Mr. Tillotson's property. Staff's Consents on Current Proposal - Clearly the L.M.C.D. code does not require a principal residence for accessory dock structures for lots created prior to 1978. The shared e,ck now located solely on Mr. Tillotson's lroperty would technically receive credit of the principal structure from the Tillotson residence. The Orono code does not distinguish between an accessory dock used as a single or shared dock. Staff would also add that this may not meet the true intent of the ordinance. If the Council concurs with the current proposal of the applicants, the subdivision of a lot line rearrangement will provide the City with the necessary authority to place restrictive controls on the future uses of the shared dock and the unbuildable properties to be combined as one unit. Staff would also agree with the applicants that the likelihood of a homestead, lakeshore lot owner giving up slips in a shared dock situation with an undeveloped, adjacent parcel would be most unusual. Council may wish to seek the opinion of the City Attorney regarding credit of the Tillotson lrincipal structure for the accessory shared dock in consideration of the pertinent sections of the Orono Zoning Code.