BY COUNCILOR GILBERT:
WHEREAS, the water resource management ordinance provides that the minimum building setback from ordinary high water mark is 50 feet in shoreline areas; and
WHEREAS, the council has received reports that the Beacon Point development project is in violation of this setback requirement, specifically, but not limited to the following reasons:
(a) The site layout and surfacing plan prepared by LHB dated July 27, 2005, shows the westerly corner of the building within 50 feet of the setback line;
(b) The site utilities plan and profile prepared by LHB dated October 24, 2005, shows the easterly corner of the building, the Phase I storage tank, and the bituminous surface fire lane adjacent to the easterly side of the building within the stipulated 50 foot setback line from the lake;
(c) The Lakewalk which is planned to be constructed between the building and the lake is certainly located within the 50 foot setback area;
(d) Plans are not yet available to determine whether the undeveloped buildings comply with setback requirements.
THEREFORE, BE IT RESOLVED, that the city council requests the administration to make an independent determination whether the Beacon Point project, developed and undeveloped, complies with the 50 foot or any other applicable setback requirement, and then if the project is not in compliance, the administration should urge the developer to comply with the setback requirements, and if the developer fails to comply with the applicable setback requirements, then the administration should “red tag” the project and stop construction until the developer comes into compliance with the setback requirements.
STATEMENT OF PURPOSE: This resolution requests investigation and enforcement action on alleged violations.