07-18-2005 Planning Commission Packet

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#OS-3095 July 14,2005 Page 3 Both permanent and seasonal docks fall under the zoning category of accessory structures,and one camiot have a pernianent or seasonal dock without a principal residence structure. The properiy does contain a principal residence. There are no specific Building Code construction standards for docks. The City will require that a building permit be issued to document the existence and construction of the permanent dock. Wetland Dock Standards The draft Wetland Ordinance allows as a permitted use within a wetiand, docks for "reasonable access to the lake",with the intent that lakeshore properties with lake perimeter wetlands should be allowed a dock to open water for boating and other lake recreation uses. This dock would appear to meet that intent. Staff notes that this is a secondary dock for the property,with a primary seasonal dock located an the inain part of Crystal Bay. The proposed dock width of 6' through the wetland is wider than the 4' dock that would be allowed by the draft Ordinance. Planniiig Commission should deternune whether a hardship exists that would support the 6' width. If so,is that a hardship that would apply to all similar docks?If that is the case, should the ordinance be re-drafted to allow 6' docks generally? Wetland Buffer Requirement Section 78-1601(c)(1)of the draft Wetland Ordinance indicates that wetland buffers will be required when a wetland is altered. Staff is reviewing whether the construction of a perinanent dock in a wetland should be considered as a wetland alteration. If so,in this case the inlpact would be(tu�der the draft ordinance) that a buffer of 35' width would have to be established and maintained on applicants property abutting the wetland(see draft Wetland Ordinance for more detail on buffers). Issues for Consideration Because the wetland moratorium is still in effect,the City cannot grant fuial approval for this dock. However, it may serve the applicant and the City to review the request in ternls of the Floodplain CUP,and with regards to appro�riateness of the draft ordinance standards for docks withul wetlands.