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h To: From: Date: Thomas Frahm, Marina Committee Chairman Charles Xelley William Sime Jeanne A. Mabusth, Zoning Administrator June 17, 1985 Subject: Riparian Outlets North of Narrows Bridge List of Exhibits Exhibit A - Exhibit B - Exhibit C - Exhibit D - Exhibit E - Exhibit F - Exhibit G - Exhibit H - Exhibit I - • Exhibit J - Agreement of 5/31/85 Combination Papers Tracts S 4 T Building Permit for Temporary Dock 6/7/8-; Soule's Letter Dated 6/25/84 Zoning Administrator's Letter Dated 6/2S/34 Casey's (Resident Ov-;,,er) Letter Dated 7/10/84 Inspection Notice Building Permit for Nev; Dock Tract S S 7 Survey/Site Plan for New Dock Registered Land Survey 415 6 411 Review of Application In the Spring of 1984, after the many years of receiving complaints concerning the intense use and reported operation of a commercial marina within Narrows Lagoon area. Council directed staff to inspect the subject area. Staff advised Council that there was indeed a potential threat to the public, health, safety and welfare in the unregulated use of these ’0 feet wide riparian tracts given the limited area of the lagoon. The original Registered Land Survey division created the . tracts to provide protected dock use areas for the homestead lots within that same Registered Land Survey. The covenants, dealing, with the use of these tracts have long expired and the tracts have been sold off to non-resident owners. Complaints range as follows: garbage and litter of land portion of tracts, theft, obuses of parking, encroachment of dock use areas by adjacent dock owners, excessive number of guest boats stored at docks, all day picnics conducted on private property by guests, rental of residential slips. The City's real concern is for the potential for the congested lagoon and the alledged commercial within the LR-lD Resdential Zoning District. Status of Review accidents within •nta 1 of slips At your June 6, 1984 meeting, the Orono Marina Committee was reassured by all resident and non-resident owners t.*.at they had accepted the directive of the City Council and agreed to execute conevants for the limited use of their riparian tracts. Based on this verbal commitment by all owners, the chairman advised staff that they could issue a building permit for a temporary dock to the current owner of Tracts S 6 T. Review Exhibit C, the building permit speci fied the agreed upon standards (non-resident owner) for the docks construction. The tracts were sold upon construction of the dock to John Thimmesh who refused to accept covenants that he claimed dis criminated against non-resident owners (see Exhibit D). The agreement of May 31, 1984, as amended at the June 6th meeting, was never exe cuted. . . ^ Ji r. ,» i?::' ■" -••••.‘•j