Discussion: Dock Ordinance Changes
From neighbor Dave Bodden:
The existing boat dock ordinance is a complex and confusing document that does not serve the lake residents well. The biggest problem with this ordinance is the way that land property lines are extended onto the water to be used as boundaries in determining where your dock can be placed and if you meet offset requirements from the boundary lines. This would be fine if your property lines were perpendicular to the shore line but for most lots they are not. The unique lot shapes around the lake and especially in coves where lots are arranged in a semi-circle make the existing dock ordinance very unfair for some lake owners, to the point that it would be difficult to build a boat dock. In some cases it would be perfectly fine using the existing dock ordinance for some owners to build a dock in front of their neighbors house. This does not make sense.
There are numerous other problems with the ordinance that can be identified. Unfortunately, it would be difficult to put together a set of dock requirements that would be fair to all. Consequently, my recommendation is to provide more latitude to the Lake Worth Engineering office to use reasonable judgement in extending property lines perpendicular to the shoreline between lots such that the boundary lines on the water for a given lot are as parallel and as reasonably perpendicular to the shoreline as can be achieved. For all dock permits, the Lake Worth Engineering office should have the authority to work with the homeowner to develop a reasonable site plan and dock design, and approve reasonable variances from the dock ordinance without having to go to the board of adjustment. The Fort Worth Planning Office should not be involved in the permitting process for Docks on Lake Worth. They are not familiar with the Lake Worth Dock Ordinance. The Lake Worth Engineering office should solely be responsible for Docks and associated permits.
Please share your thoughts and discuss in the comments below.
The easement in the water is not proscribed by the dock ordinance. The easement that extends out into the water from the property lines is property ownership of each property owner defined in each deed. The city cannot create an ordinance to take away one owner's easement so that a neighbor can build on it.
ReplyDeleteMIchael, are you saying that the property underwater from the projected property lines is owned by the landowner?
DeleteThere is an easement owned by the landowner on the property in the lake. Railroads and other structures are built on easements. An easement is a powerful property right.
DeleteThe underwater extensions of our property lines are disclosed when purchasing land on Lake Worth. Allowing those lines to be redrawn administratively or permitting docks that encroach on a neighbor’s underwater property, would effectively allow one property owner to use land that belongs to someone else. That sets a precedent that could impact everyone on the lake.
ReplyDeleteIf a property owner needs additional space beyond their lot boundaries, the appropriate solutions are the same ones that apply on land: purchase additional property from the neighbor, obtain a written agreement or easement from them, or accept the limitations of the lot as it exists. I am sympathetic to Mr. Bodden's situation and hope that he and his neighbors are able to reach an agreement that is fair to each party.