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Zoning File #1011 <br />March 12, 1986 <br />Page 3 of 3 <br />4. The property <br />shall <br />operate <br />under the recommended users level <br />suggested for Day <br />Use <br />Recreation <br />Areas. <br />Staff would recommend we amend <br />the <br />RS District to reflect <br />actual area of <br />Deering Island and rec lassif ica- <br />ion <br />of lot as substandard. <br />But also note <br />that such lots are not approved <br />for <br />conditional uses within <br />RS district. <br />Other Issues for Consideration <br />1. Have all other applicable standards of the RS District been <br />addressed by applicant? <br />2. Has adequate care been taken to protect lake?... to guard against <br />septic pollution?... to maintain hardcover standards?... to protect <br />public health and safety? <br />3. Is the proposed use in conflict with the original intent of the <br />R.S. District?... with Orono's Comprehensive Plan? <br />Igo .. long established policies encouraging eventual public <br />ownership of the islands as recreational resources for general <br />lake users.... limited private seasonal recreational use would be <br />allowed to continue indefinitely subject to strict conformance <br />with special health and safety standards". <br />4. Is the proposed level of use consistant with other Day Use <br />Recreation facilities within the City i.e. Power Squadron, Vets Camp, <br />...? <br />5. Is Day Use Recreational Area use allowed as a new use ... or only <br />permitted as a continued existing use as long as use Satisfies <br />standards? <br />6. If lot is reclassified as substandard and approved for a <br />conditional use only permitted to conforming lots ... is this a use <br />variance? ... are we establishing a non -conforming use? Staff will <br />run this one by the City Attorney. <br />Staff has reveiwed the proposal and finds the level of use as amended by <br />staff to satisfy a 1 1 applicable standards for a Day Use Recreation Area. <br />The issue of the lots reclassification, the unique circumstances <br />surrounding the error in the original classification and the many legal <br />questions raised when approving a conditional use permit for a substandard <br />lot within the RS District must be resolved before the Planning Commission <br />considers approval. Staff will address these legal concerns at the meeting <br />after speaking with City Attorney. <br />If Planning Commission votes to deny, refer to your variance and <br />conditional use permit sections for the necessary findings. <br />