AgdaPkt 2006-02-13 - Laserfiche WebLink

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7A Furthermore, the City would have to look at each situation at face value, and the onlYPage 5 determination that an engineer can make is that the improvements appear to place additional loads on the bank for which the bank was not designed to support. The question then becomes how much additional load the City is willing to accept. Furthermore, the City currently maintains a stormwater easement over the waterfront properties. Whenever a property is purchased, the new owner is given a Title Report. This document describes exactly what is owned, and describes any encumbrances on the property, such as easements. Every homeowner is presented with one ofthese documents at time of closing on the purchase. As a result, there should be no illegal construction in the City easement. As a matter of practicality, the City cannot allow construction within the easement area. The City Engineer is concerned that if the City decides to "grandfather" some of these structures, then the City will end up with slopes which cannot be adequately accessed for maintenance purposes. Therefore in an attempt to balance the City Engineer's concerns with the direction of the Planning Commission and the interests expressed by the community, the following objective criteria were established in an effort to further re-classify the Level 2 properties. The presence of any of the following criteria would result in the waterfront property being reclassified from Level 2 significance to the Level 3 category7: 1. Improvements that extend into the City's stormwater easement preventing access to the lagoon bank (Le., onto or over the rip rap).8 2. Improvements that have resulted in changes to the profile ofthe original lagoon bank through cut and/or fill creating an unbalanced slope. 3. Improvements that result in extensive massing and bulk adjacent to the water's edge. (Le., the improvements extend the width of the property and/or that do not provide for a transition from the waters edge) 4. Improvements that result in permanent improvements (Le. concrete piles into the lagoon bank). Of the 91 properties previously identified with "Level 2 significance", twenty (20) have been identified with one or more of the aforementioned criteria and, therefore, have been moved to the Level 3 category bringing the total number of properties with "Level 3 significance" from twenty-one (21) to forty-one (41). These "Level 3" property owners would have the opportunity to apply for a retroactive permit, per the procedures established in the Policy. However, in some cases the existing improvements would need to be substantially modified or removed to comply with the Policy. Upon compliance the property would be reclassified or removed from the inventory. The remaining properties have been moved to the Level 1 category bringing the total number of properties with "Level1 significance" from 74 to 145. Pending the City Council's approval the properties identified in the Waterfront Inventory with "Level1 significance" would be "grandfathered" in as existing construction following the recordation of an 7 These properties would be served with a compliance notice by Planning Services Division and/or Code Enforcement Division requesting the waterfront property owners to remove, repair, and/or modify the existing improvement to conform to the provision of the Policy and the conditions therein. Non compliance could result in further Code Enforcement action and/or administrative citations. 8 Rip Rap is defined as the rock used to protect the lagoon bank from erosion; which is typically located mid-slope at the water line. ... ,-_..' ,"..._----'"....._' .------- ---. , ,".. ,-'- ...._,---,_... ,-----"-"-'.--"'-"-""'"-' .