Correspondence - 4444 Shoreline Drive - 3/30/2022 From: Al Brixius — City Planner 3.28.2022
It is my understanding that the boat is moved to 4444 Shoreline Drive
under the guise of needing to be repaired. The site is zoned C-1 General
Commercial District which allows Commercial Service uses as a permitted
uses in this district. Other C-1 repair uses include Blue Lagoon Marine and
Certified Auto. The current tenant of 4444 Shoreline Drive is a marine
service business which includes repair services. The Judge has declared
that the boat owner has right to take their boat to the site for repairs as
allowed by zoning.
As I outlined in a previously, we do not have a definition that distinguishes
outdoor storage from repair services. In this light while the boat repair may
be allowed it must still meet the following standards.
i. Section 42-67(j) States that required accessory parking spaces in any
district shall not be utilized for open storage, sale or rental of goods,
storage of inoperable vehicles and or storage of snow. The only
exception to this section is the Seasonal Storage of boats.
2. Section 42-352(6) allows seasonal outdoor storage of boats
accessory to marinas and marina sales businesses as a permitted
accessory use. No boats or other watercraft are allowed within
required parking or driveway areas between June first and
September first.
3. The boat repair must be within a definitive schedule, not a forever
circumstance. The boat must be repaired not scrapped or
abandoned. In this regard, a deadline for the boat's repair and
removal must be established. We should request the judge to
establish a deadline for repair and removal or establish a deadline for
the boat's removal between the property owner and the City.
With the Judge's order, the City cannot deny the boat owner the ability to
take the boat in for repairs per our zoning code. However, we can apply
the aforementioned items as a means to avoid having the boat being
abandoned.
1.
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