10-28-1985 Council Packet - Laserfiche WebLink

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Zoning #97. October 22, 1965 Page 2 The applicant filed the required variance application to permit construction of the accesso;-y structure. Planning Commission was asked to iew the permit for th,• use of the unused right-of-way but per the ctive of the ordinance, staff must make the formal recommF.-id=xtion to ti. Council. a) Varian,:e application to permit construction of accessory structure. Brief rF . riparian rights. Since 1981 tht --rant and previous owners had been advi5e,d by st If that the land pc, Lion of the pr ert; :gas buildable and that the la1 le portion could sustain a dock. as soon as the house was built. Staff r r looked upon these parcels as separate but ,s one unit and based }heir opinion on old surreys of the subject proper. as - review Exhibits 11A and 11B. In our recent review of application #930 (rear seti.,ack variance) for the same applicant, new surveys revealed that the riparian lot was merged and approximately 18.5' of the W right-of-way of Ferndale Road was also submerged. The two parcels have separate P.I.D.'s. Thrc•lighout our City, we have similar lot conf i gurati, where home- stead parueis are divided from independant r: rian lots - example the Pink Palace properties, the Greentrees Plat, the many rej,stered la.,_i survey divisions along Sho•-cline Drive and numerous oth,.,cs. You have just 'ecently approved condit :ie permits and variances for small tracts of lands that sustain docks and which re originally desi-nated to provide safe riparian access for separated di.ide.c9-eighbor.inq properties. The 25x25` tra--t located within a protected lagoon. The applica stated that he will m, the required 10' side setbacks an proposes a 3'x 10' dock. The applicr, has suggestf...` that the dock need not be ci_nected to the shorel_ne; use. w,- 3 step onto cock structure ,,,n_chored ,n , ke bed. 1ne parcel wa,• cit.ed as an eAception on abstrac'. :n 1945 an] in 1954 joint owners appl;ed to register title of the prupert-,. State cap► ; are levie-i and have been pai,' on tre property. I do n(!* r«ve the facts in my record, but the attorney i the applicant con:-*_ that Lot 6 and ;},at 25'x:5' part of Lov 9 have _emained as one leg, uescript.ion on the Certificate of Title for several years. At your September 9th nice', ng, one Council memb,,r noted riparian tra-ts like this one are commor ar !nd he lake and t it is iml. :':.ant to estabi i sh--,ntrol.s on their use.