09-09-1985 Council Packet - Laserfiche WebLink

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Zoning Files #941, #946 & #951. :august 14, 1985 Page 3 of 4 Review of Application In the Spring of 1784, after receiving complaints concerning the intense use and reported operation of a commercial marina within the Narrows Lagoon area, Council directed staff to inspect the subject area. Staff advised Council that there was indeed a potential threat to the public safety and welfare in the unregulated use of these 20 foot wide riparian tracts (se- Exhibit F) given the limited area of the lagoon. The original Registered Land Survey division (1954) created these tracts to provide protected dock use area for the homestead lots wihin that same Registered Land Sur, !y. The covenants dealing with the use of these tracts have long expired ; .,65) and four tracts are currently in the ownership of non -adjacent land owners - The City was introduced to this multiple dock area in 1979 in the process of reviewing a lot area var ince for a Robert Wa'. - n. It was an application involving the commcn o. ership of two tract of iakeshore properties. One was developed, the other undeveloped. A condition of approving that variance application was that both homestead lots on the mainlake retain a lagoon tract for dock purposes. As a result, the current owners of Tracts M & N and K & L are the only legal or conforming users of the riparian tracts. The original covenants established stanuards for the use of these limited properties but they are no longer in effect anc: many would require variances to our present code. The Marina Committee had been attempting to deal with the six ?arate owners, two adjacent residential owners and four non -adjacent owners, ' found it impossible to come to any agreement because of the diverse owner- „lp pattern and the it leaai or unresolved status of Tracts S & T, M & N, K & I, and E. The chairmar ' the Marina Committee advised each of the four owners of thr -eed to gai. legal status or recognition of their use of the riparian tra...:�.s from the Council before the committee could work with all six owners on a safe agreed upon use of the lagoon area. Planning Commission was asked to consider the following issues: 1. C these tracts be put to ar-rher reasonable use under the prese,_ zoning? 2. Were the hardships ted by the owners or due to circumstances unique to this property: 3. Is the current use of the property out of character with the surrounding lagoon neighbcrhoo6? 4. Is there a safe level of use for a 20' wide riparian lot? 5. Should the fact that these non -conforming uses existed before formal zoning have any hearing on the review - the C-ty knew in 1958 that these tracts were not ownvd and used by adjac. nt. land owners.