10-28-1985 Council Packet - Laserfiche WebLink

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Zoning rile #972 October 22, 1985 Page 4 1. extension of private sewer lines 2. private driveways 3. retaining walls 4. existing structures within right-c.`.-way Each owner or developer was asked to execute a hold harmless agreement with the City. The applicant has asked to use 18 112 feet of :submerged road right-of- way to construct a residential dock. The City Attorney advises that the owner may use that portion of the dedicated right-of-way not currently used by the City for construction of the dock. The applicant has aclvise,3 the dock will not be connected to shore, the dock will be anchored to lake bed and user must step from shore onto dock. There will be no portion of the structure lccated within dry portion of right-of-way. Review Exhibit 14, the LMCD has stated that as long as there is written agreement among the owners, they will approve a permit for dock. The City Engineer has noted for ',.hT public record (Exhibit 16) that approximately 6 feet of the 8 112 feet f unused shoulder is needed for adequate maintenance. The real issue is to determine whether this use is compatible with the P,o- ic's use of Ferndale Road. Will the dock create safety concerns or hazards for the public roadway. The City would ask that no portion of the dock ever be extended into existing shoulder area of road. In addition, the City will not allow parking cf cars in the use of the residential dock - pedestrian access from homestead lot is only permitted. Dock must to claraified as temporary structures as City may be asked to fill and widen acc I if necesr�a:v at a future date. The precedent !kvtting aspect of this request poses great concern for the City. Staff hai:• established a list of the foilowinq issues to be addressed in each such case: 1. Title History - the parcel has been legally recognized as one unit since 1954 when owners applied to register the title. 2. Piattinq_Hibtory - original Lot 9 was platted in 1902 - the 25'x25' portion of Lot 9 was created around 1945 - prior to formal City wide zoninq. 3. Physical Characteristic of the Property and Surrounding Properties Tract is located within a protected lagoon. The 25 feet of lineal footage abutting the rridway would provide adequate area for a residential dock. LMCD standard allows a lot with less than 40 feet of l'M.noal shoreline to construct a dock to 3 feet of water depth but not to exceed 60 f(et in length.