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MINUTES OF THE <br /> ORONO CITY COUNCIL MEETING <br /> Monday,May 23,2011 <br /> 7:00 o'clock p.m. <br /> (9. #11-3503 PUBLIC HEARING-CITY OF ORONO-ZONING TEXT AMENDMENT <br /> LAKESHORE RESIDENTIAL ZONING DISTRICTS: DOCK RENTAL, Continued) <br /> Rahn noted the City's handout states that new seasonal docks require a one-time$30 permit fee,and if the <br /> dock is reinstalled in the same location,the fee is waived. <br /> Gaffron indicated that language refers to the first time a new seasonal dock is installed. If a dock has <br /> been there for the last 50 years,it can continue to go in at the same location without cost unless it is <br /> relocated. Gaffron stated that may be a piece of the code that could be changed but that it is part of the <br /> City's fee schedule. The fee covers the cost of Staff having to go out and inspect the dock the first time it <br /> is installed to ensure it meets LMCD regulations. <br /> Rahn stated he has a problem with the dock inspection since the LMCD already covers dock inspections <br /> and setback measurements,and the City does not have zoning regulations for setbacks in the Code. Rahn <br /> commented he has spoken with the LMCD and they have a difficult time enforcing dock regulations, <br /> which is why the LMCD likes it when cities duplicate their efforts. Rahn stated he has spoken with other <br /> planners around the lakeshore cities and they have indicated they are not interested in regulating boats and <br /> do not want the legal issues associated with boat regulations. Rahn stated in his opinion the ordinance <br /> needs some additional work. <br /> Gaffron stated it is very rare that someone comes in and requests a license for a new dock at a site that has <br /> never had a dock. <br /> Printup asked what the typical complaint is. <br /> Gaffron stated the typical complaint by the residents is that their neighbor is renting their dock out and <br /> that people are coming in at all times of the day causing parking and neighborhood problems. In a <br /> situation like that,the City will send an inspector out,take the boat license number,and send a letter to <br /> the property owner and the boat owner informing them that it is illegal to be renting a boat slip. In the <br /> past the City has taken people to court in this type of situation and has won in court in a couple of cases. <br /> The LMCD has also been involved in similar cases. Gaffron reiterated that it is not an unusual thing to <br /> receive a dozen or more of that type of call in a year. <br /> Rahn asked if the LMCD also regulates dock rental. <br /> Gaffron stated Staff can check to see to what level the LMCD regulates dock rental. <br /> Curtis stated the LMCD website states that two restricted watercraft may be kept within a dock use area <br /> for most lots. Four restricted watercraft may be kept within a dock use area provided all the following <br /> conditions are met: There is a single-family structure on the lot,all restricted watercraft kept at the dock <br /> or mooring must be owned by and registered to persons who live in the residential structure. It also talks <br /> about the length of the shoreline and multiple dock licenses with the LMCD. <br /> Rahn suggested Staff speak with the LMCD. Rahn stated the ordinance uses the word rental but that in <br /> his opinion the City should have an outlet for a neighbor who is allowing another neighbor,such as an <br /> inlander,to keep his boat on his dock. Rahn stated in his opinion that happens rather frequently and that <br /> the City should have some way to allow for dock use to happen if the property owner is not over the <br /> number of allowable boats per their length of lakeshore. <br /> Page 18 of 24 <br />