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F <br />T'^ <br />3.The Planning Commission reviewed the request and recommended approval by <br />a vote of 6 to 0 to approve an after the fact variance based on the following <br />findings of fact: <br />A. <br />D. <br />Citing concerns over safety, the City of Orono posted Shadywood Road <br />in the area of the dock lots as a "No Parking" zone. To accommodate <br />parking on-site rather than on the street the property owners expanded <br />a parking area from one vehicle width to allow for parking of two <br />vehicles. <br />The lot is commonly owned by the Ault’s and Ginther’s. Etch <br />property owner has one boat slip for a total of two slips on the <br />property. <br />The entire lot is located within 75' of the lakeshore. It would not be <br />possible to construct or expand a parking area without impacting the <br />75’ setback. <br />The dock lots were created as part of Registered Land Survey No. 415 <br />(2/3/1955) in common with residential properties located within the <br />plat. It as assumed at the time of the plat lots within the <br />neighborhood would have access to dock lots for storing of a boat. <br />Since none of the dock lots were ever legally combined with the <br />residential lots nearby they eventually were sold off separately and are <br />held in private ownership. <br />The City of Orono has received several letters and comments from <br />concerned property owners in the neighborhood questioning the legality <br />of a second dock slip on the property. Staff has no strong evidence <br />to suggest one of the slips had been added after the adoption of the <br />ordinance requiring a principal structure to have a dock as a accessory <br />structure. Although no CUP has been issued by the City of Orono, <br />it is the position of the City the property has been "grandfathered" as <br />a legal non-conforming use for dock use. City Staff believes that it <br />would be difficult to require these docks, or one dock, to be removed <br />Page 2 of 8