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5. Rental of dock space is a use that is provided only under the B-2 zoning district <br /> where traffic, parking and noise can be accommodated for and regulated by <br /> commercial standards of the Zoning Ordinance. The property at 2740 Shadywood <br /> Road is not zoned B-2 but rather LR-1 B, One Family Lakeshore Residential District. <br /> 6. The Community Management Plan specifically addresses a number of Land Use <br /> Goals and Policies regarding the use of shoreline. I've attached excerpts from the <br /> CMP for your review. The goals and policies specifically affected by the illegal rental <br /> of residential dock space are as follows: <br /> a. Land Use Goals: #4 specifically addresses incompatible land uses. <br /> b. General Land Use Policies: #6 specifically addresses limitations on <br /> excessive boat density. <br /> c. Lakeshore Residential Land Use Policies: #3 addresses protection of views <br /> and open space currently enjoyed by lakeshore property owners. <br /> 7. Section 78-1376 regulates commercial uses within residential districts as Home <br /> Occupations. This ordinance lists standards for permitted Home Occupations and <br /> also lists prohibited Home Occupations. The rental of dock space is viewed as an <br /> illegal Home Occupation according to Section 78-1376. Section 78-1376 (e) (6) <br /> specifically prohibits rental businesses from the uses permitted by Home Occupation. <br /> City staff views this as a dock rental business. The business operated at this <br /> property would not fit any Home Occupation standards within Sections 78-1376 (d) <br /> (6, 7, 12, 13, and 15) as the standards relating to outdoor storage, off-street parking, <br /> hours of operation, total number of customers, and noise cannot be met (this section <br /> is attached for your reference). <br /> 8. The City has recently received a number of calls from our residents regarding other <br /> residential properties where the owners are illegally renting dock space. Staff does <br /> not go out looking for these illegal uses but depends on the neighborhood to inform <br /> the City if and when problems arise. Due to the increased number of complaints on <br /> this issue staff is concerned about precedence, as this particular situation is the most <br /> onerous the City has seen in its history. <br /> Please take the necessary immediate action to have the boats which are not licensed to the <br /> property owner removed, eliminating the commercial use of the property. Also, take action to <br /> prevent the same or similar violations of the Zoning Ordinance in the future. If you have <br /> questions regarding the information provided above or any further questions, please do not <br /> hesitate to call. Thank you. <br /> Sincerely, <br /> City of Orono <br /> Michael P. Gaffron <br /> Planning Director <br /> Enclosure: excepts from the 2000-2020 Community Management Plan <br />