04-08-1985 Council Packet - Laserfiche WebLink

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2. Steep topography to rear of home made back of lot inaccessible. 3. Location of access road. I have asked the City Attorney for his opinion concerning the singling out of one individual for violation of an ordinance that is violated by many in our community. The Attorney has advised that if the City received complaints because neighbors have not been able to resolve the problem that we must enforce the standards of the ordinance. The singled out violator is provided due process by providing the mechanism - the variance application - to present his position. If staff refuses to enforce an ordinance, the complaining, neighbor can file an appeals application challenging the City staff's int;rpretation of an ordinance or refusal to enforce an ordinance. For this review, as with the Eller review, the fact that surrounding neighbors are also in violation of Section 10.60, Subdivision 13 is not relevant. The boat cannot be stored on Johnson's property and meet the standards of the code. The Planning Commission was asked to consider the following alternatives in dealing with the boat storage issue: If Planning Commission finds the hardships valid ones, and can make the necessary findings as set forth in Section 10.08, Sub- division 3 (A), vote to recommend approval. If it is your position that the hardships claimed by the appli- cant are not valid and that no boat no matter what size should be stored less than 10 feet from the side lot line of the Lake- shore/front yard of an adjacent home owner, vote to recommenI denial and ask that the boat not be stored at this location in the future. If it is your position that the code needs to be amended, would an amendment help Mr. Johnson's dilema? I have listened to many proposed amendments of this section of the code for the past month but not one proposed amendment recommended storage of mobile material 10 feet from the side lot line of a lakeshc;re yard. The intent of all the performance standards for lakeshcre use is to protect the view of adjacent lakeshore homeowners. b) Violation of Section 10.55, Suhdivision 8 - Placement of gravel and construction of retaining wall. I. Placement of Gravel The applicant has placed gravel over existing ground cover - as stated above the applicant claims about 200 square feet of that was original road bed. The neighbor to the west submitted photos for the review (available for review at meeting), taken prior to his residency that would dispute Johnson's claim that the house to west was served by a