03-07-2012 Planning Commission Work Session

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C.,_ - 6. #11-3503 CITY OF ORONO, ZONING CODE TEXT AMENDMENT: DOCK RENTAL- ORDINANCE NO. Curtis stated at the May 23,2011,Council meeting, Staff presented a draft ordinance with which Staff attempted to simplify and clarify the City's rules regarding rental of boat slips on residential property. At that time Staff was directed to bring the dock rental issue to the Council at a work session for more discussion. The dock rental ordinance was placed on the Council's September 12th work session agenda, but due to a time constraint,the dock rental ordinance was not discussed at that time. The City's concerns have historically been land use impacts of residential dock rental on neighbors and neighborhoods. The LMCD's regulations alone do not appear to address all of the potential impacts from residential dock rental. Staff recently spoke with Staff at the LMCD regarding their dock rental rule and enforcement. Staff did receive a letter from Rich Anderson today,which has been distributed to the City Council. Gaffron stated one of the questions that the Council had raised previously is whether or not the City's regulation of boat storage at residential docks was a duplication of the LMCD efforts. Staff has had extensive discussion with the LMCD regarding their codes. The chart before the Council tonight compares what the LMCD and Orono ordinances require. As an example,a site that has one or two boats, the LMCD allows two boats with no ownership restriction regardless of the lot size as long as those lots were created prior to 1978. In that instance,the City has had ownership requirement since 1962. For a site that has three boats with shoreline less than 126 feet,under the LMCD regulations,they do not require that any of the boats be owned or registered to the owner of the property;whereas the City has that requirement. Gaffron commented there are some differences between what the LMCD requires and what the City requires. The City has typically been more restrictive with their regulations than the LMCD. Rahn stated his opinion has not changed from the last City Council meeting and that it is a duplication of regulations. The Orono residents are used to calling the LMCD with questions,and if an ordinance is adopted by Orono,it would be virtually unenforceable by Staff. Rahn stated if it is parking issues that are driving the complaints,the residents have the ability to call the police to deal with that issue. Rahn stated the majority of the boat issues is covered in the LMCD's ordinances and that in his view it is confusing when there are different bodies of government enforcing similar codes. Rahn indicated he does not have any issues with letting the LMCD handle it. McMillan noted Tonka Bay allows one or two boats with no ownership requirement but that it does require proof of ownership for three or more boats at a private residence. Rahn commented that almost mimics the LMCD regulations. Loftus stated that does not take into consideration the amount of shoreline. Rahn stated he is simply talking about a single dock with a single residence. Franchot indicated his opinion also has not changed since the last Council meeting and that he personally feels the City's ordinance is a good idea. If the only issue is the issue of a guest boat,the City can deal with that in some way and still restrict the rental of dock space,which causes problems on the land with parking. Franchot stated in his view calls to City Hall can be reduced by having smart regulation,which is what is being recommended by Staff.