03-28-2005 Council Packet - Laserfiche WebLink

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m-3090 March 16,2005 Page 2 Permanent docks (i.c. tliose docks with pcmiancnt pilings which cannot be removed without heavy equipment) sometimes result in requests by property owners for winter de-icing, to avoid ice damage. De-icing is typically accomplished by a bubbler system that keeps the water moving and therefore it does not freeze. The LMCD issues de-icing licenses, and has a set of standards which must be followed in terms of protection of adjacent properties from the impacts of de-icing. The proposed dock will be located in a fairly well protected cove area, so the potential for ice damage is relatively minimal. There are other permanent docks in the area, and they have not been a problem. Staffis advised by LMCD’s inspector that they will be issuing an LMCD pcmiit for this permanent dock, and have no specific issues with it. 'I’he DNR is notified of floodplain CUP applications, and is given the opportunity to comment. No comments from the DNR have been received for this application. Potential DNR concerns would be whether the work is in a sensitive habitat or spawning area, and whether the permanent dock might affect navigation or winter vehicular traffic on the lake. Neither of tliese issues are apparent with this application. Orono’s concurrent Jurisdiction over pennanent docks is primarily via the City ’s floodplain regulations, which provide no significant standards pertinent to the approval of pennanent docks. Both pennanent and seasonal docks fall under the zoning category of accessory structures, so with the exception of the RS District, one cannot have a pennanent or seasonal dock without a principal residence structure. There are no specific Building Code construction standards for docks. The City will require that a building pennit be issued to document the existence and construction of the permanent dock. Work was commenced on this dock prior to application for this CUP, and the work was stopped. The applicant has paid the after-the-fact fee investigation fee for this application. Staff Recommendation Staff recommends appmval of the conditional use pennit for construction of the proposed pennanent dock subject to the following conditions: 1. The dock shall be allowed as long as it continues to be permitted by the LMCD and DNR and is in conformity with the rules and regulations of those agencies. 2. Future replacement or alteration of the dock will require a new conditional use pennit from the City of Orono.