04/07/1993 Council Minutes - Laserfiche WebLink

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COUNCIL WORK SESSION APRIL 7, 1993 activity on the outlots rise so it is not a permitted activity?" It can be argued that a boat launch is an accessory use, however in that case the boat launch cannot be constructed until the principal use is constructed. Mr. Hawkins explained that permitted uses on residential lots would include a dwelling with a boat launch for the owner of the house. That would be normal accessory uses. He explained that if this matter cannot be resolved by mediation, there could be cause for legal action by the City. Council Member Kuether asked if everything that has happened on the Outlots is legal except for the boat launch. Mr. Hawkins said that he has not viewed the area and did not know. Mr. Brixius read a portion of the City Code that requires a site plan review for improvements on the outlots and he also noted that a permit process is outlined in the Shoreland Ordinance. He felt that if there is to be any alteration on the outlots a PDO rezone is required as well as a site plan and a grading plan. Mr. Brixius stated that a boat launch is a non riparian use of the lake and since such usage is not mentioned in the Shoreland Ordinance it is questionable if it is permitted. Mr. Hawkins explained that when this matter was under discussion last fall, the improvements to the outlots were not prohibited and the courts do not issue orders to prevent something that has not been done. However, at this time activities show what the Homeowner's Association intend to do with them. He said he would prefer that an agreement regarding the use of the outlots be completed otherwise the City Council will have to take legal action. Mayor Reinert explained that a legal opinion on this matter was requested by the City Council. He also explained that Mediation Services will meet with Mr. Schumacher and Mr. Hawkins to prepare for individual meetings with the Reshanau Park Estates Homeowner's Association and the Reshanau Lake Association members. The City will step back and allow Mediation Services to complete its process and come to an understanding. Mayor Reinert asked that Mr. Hawkins and Mr. Brixius prepare a complete and specific outline of the City's position. He noted that some residents are very new to the City and are not familiar with the sensitive environment in this area. Mr. Schumacher explained that this outline will be available on Monday (April 12, 1993) for City Council review. Update, Pornography Ordinance - The Planning and Zoning Board will be holding a public hearing on the draft ordinance. Mr. PAGE 2 1 1 1