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05/17/00 WED 12:04 FAX i April 14,2000 Page 2 I am zdso familiar with some of the history of the problems relating to these docks because I was the City Attorney for the City of Orono from 1973 to 1984. I have been involved in many of the dock and other riparian use issues in the City of Orono while I was City Attorney and at various times thereafter. I was involved in the drafting of most of the municipal code that presently governs land use and other activities in the City of Orono. Instead of setting forth the summary of the facts, I refer to the memo dated April 13,2000 from my clients to the Orono Planning Commission, a copy of which has been sent to you. My objective in this letter is to point out to you what we believe are the relevant legal principles that apply to the review of tWs application for a conditional use permit and to the multiple dock situation in that area. The factual review set forth by my clients and my legal review are preliminary in nature because we have not had an opportunity yet to finish the review of all City records, title records and obtain other information concerning the historical use of these properties. n. Applicable Law. As you know, cities adopt zoning ordinances to regulate the type of uses allowed within the City to protect and give direction to the property owner who desires to use his or her property and to protect adjacent property owners. A property may only be used for a use which is allowed as a permitted use or for a use for which a conditional use permit is required and one has been approved by the City. In rare cases, there may have been a use of property that was in existence before there was any zoning ordinance in effect or there is a use w'hich was legal under the zoning ordinanre when it was first initiated, but thereafter because of a change in the zoning ordinance, such a use would no longer be legally possible. The above type uses are referred to generally as legal non conforming uses. Such uses may continue, but only subject to the provisions of the zoning code governing such non conforming uses and applicable judicial decisions and state statutes. Mike Gaffron has informed me that the earliest City ordinance he can find relevant to the use of docks on a lot without the principal building (a home in this case) was effective as of January 1, 1968, which states as follows: 31.300 Accessory Buildings. JT5I7BDM ®003 AT - —' • ,