05-22-2000 Council Packet - Laserfiche WebLink

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J m May 10,2000 TO: Orono Planning Commission FROM: Jim Zimmerman 2745 Shad>’\vood Road Dick and Marlys Ogle 2771 Shadywood Road Richard and Sue Gay 2735 Shadywood Road SUBJECT: Ginther and Ault Conditional Use Permit cc: Bruce Malkerson E r i We had provided background information on this agenda item for the April Planning Commission meeting. At that meeting both Richard Gay and Jim Zimmerman testified briefly. We also provided the legal opinion of our attorney, Bruce Malkerson, who was the city attorney in Orono when the ordinances were written for non-conforming lots, which the Ginther/Ault property is. At the April meeting, the request by Ginther and Ault for a Conditional Use Permit was tabled since neither of the applicants showed up at the meeting. In the intervening period w'e have continued to research the issue and have gathered additional data relevant to this non- conforming property. Outstanding issues at the time of our April memo on histoiy^ of the lot w ere as follows: • What was present on the property w'hen the 1968 ordinances on non-conforming lots went into effect’ • What was the ownership history of the lot and was there one or two ovMiers of the lot in 1968? ■ When was electricity introduced to the non-conforming non-resident dock area? To address the above, we have researched the land title issue through Henm .^in County and have obtained certified aerial photographs of the dock area. The certified aerial photograph from 1971 clearly shows there was only one dock on thi.*; property at least prior to 1971. Therefore, the two docks currently on this property' is a substantial expansion of use since the 1968 ordinance took effect. Up until 1982 the lot was owned by one individual who we believe was the developer of the Pheasant Lawn subdivision. In 1982, the property was sold to two neighborhood residents (Hoffman at 2675 Pheasant Road and Messer at 2673 Pheasant Road). In 1990, Ginther purchased the half share owned by the Messer’s and in 1991 Ault purchased the Hoffman share. Since there was only one owner in 1968, splitting the property into two owners was an expansion of use of a non-conforming property. Certified aerial photos from 1989 clearly show there was no electricity at the non-resident dock area. Electricity was added after the purchase by Ginther, which was a significant increase in use. This increase in use dramatically changed how the non-resident docks were used, going from daylight recreational use to making the docks habitable. With electricity, the si^e of boats