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MINUTES OF THE <br /> ORONO PLANNING COMMISSION <br /> Tuesday,March 15,2021 <br /> 6:00 o'clock p.m. <br /> 20+years. Resolution 4456 attributed to 220 and 130 Big Island granted in 2000. Resolution 2038,referred <br /> in the Staff report as Permit 2038,attributed to 230 Big Island granted in 1986. 230 Big Island is an inland <br /> lot and that permit was for a dock that existed on the property on that location in the right-of-way since <br /> approximately the 1950's. It was granted subject to a number of conditions including the following <br /> verbiage:"should there be any other requests from inland property owners to use this site for the installation <br /> of a dock to their properties,this permit is automatically revoked."Permit 2038 appears to have remained <br /> in effect since that time, and has been transferred to the subsequent owners(Fred Brunjten/Nancy Farnes). <br /> Ms. Fames has provided comment on this request,which was emailed to the Commissioners and placed at <br /> their seats, in addition to other comments received after publication of the packet. Staff finds the <br /> Applicants'request generally meets the criteria outlined in the code for approval. Knowing the subdivision <br /> code has recently been changed to allow for easement access as another option for inland lots in the RS <br /> district only, the Applicants have attempted unsuccessfully to secure a private easement from neighbors <br /> including Three Rivers Park District as detailed in the submittal. They made the permit request in February. <br /> As a result of the request and based on the language in the resolution for Permit 2038, it should be <br /> considered to be revoked. Staff has concerns that the holder of this permit continues to desire dock access. <br /> There are two additional interior lots on the east side of the island,both just to the east of the Applicant's <br /> property—they do not have lake access and may in the future request a permit for dock on the right-of-way <br /> as well. The City should anticipate requests from these property owners at some point.The other remaining <br /> properties on the east side are either lakeshore properties or in common ownership with a lakeshore <br /> property,thus providing the opportunity for a dock. Staff recommends the dock access question for inland <br /> lots be looked at comprehensively by the City. A number of public comments were received and included <br /> in the packet as Exhibit I; most of the comments received oppose the dock. Staff recommends approval of <br /> a dock with the following conditions: <br /> 1. The location of the installed dock shall be approved by the LMCD, and shall be approved by <br /> the Public Works Director. <br /> 2. The permit issued shall be valid for one year, and shall be subject to change, alteration or <br /> revocation for cause by the council at any time, and shall be automatically renewable on the <br /> anniversary of the date of issuance except upon written notice from the city to the permittee at <br /> least 30 days prior to the anniversary date. <br /> 3. The approval should identify which property(ies) has rights to use the dock, and each owner <br /> shall be permitted one boat slip for use by the owner of the property exclusively. <br /> 4. The dock shall be removed for the winter season. A winter storage location should be <br /> identified and approved by staff. <br /> 5. Dock sections shall not exceed 6-feet in width. <br /> 6. No canopy shall be erected <br /> Curtis noted most of those comments are from the code section that allows the permit. Staff further <br /> recommends that a comprehensive solution to the dock access question be considered. After the packet <br /> was finalized last week, Staff received an updated request and narrative from the Applicant in which he <br /> addresses some of the comments he received. His updated request includes an alternative to share a dock <br /> with the current permit holder for 2038. The Applicant can speak to his request. <br /> Kirchner said in reference to Permit 2038,he asked Curtis to note where that dock is situated on screen. <br /> Curtis pointed it out and said at the subject location. <br /> Ressler noted the way the City's existing permit that is currently granted becomes revoked in the event that <br /> another request is made. <br /> Page 4 of 34 <br />