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f <br />¥.■ <br />i ',fr 1 <br />The 1985 conditional use permits were apparently only required for dock lots whose owners did not <br />reside in the immediate neighborhood, approved the use of the lots as dock lots for Tracts S/T, R/Q, <br />0/P and E. Since that time the Hoffman/Messer Tract U has been sold io non-residents Ginther/Ault <br />and they have agreed to apply for a conditional use permit. The Orono Zoning Code does not have <br />the provision of a conditional use for dock lots. The CUP was accepted by the non-resident owners <br />in 1985 as a way of placing some limits on the dock lot usage. <br />Issues for Planning Commission Discussion <br />1.Does the pre-existing use of the dock lots prior to 1968 and presumably continuous since <br />then given new property owners perceived “grandfathered ” rights, and therefore the same <br />conditional use permit rights given to other dock lot owners in 1985? <br />2.Some lots have had electricity and lighting added since the CUPs were approved. This lot <br />has also. Would the addition of electricitv/liehting. etc, constitute the expansion of a non- <br />conforming use? <br />3.It is unclear how long Tract U has been used for the mooring of two boats. This makes it <br />difficult to determine if there has been an expansion of the use based on the number of boats <br />using the lot. Previous CUPs for adjacent dock lots only permitted one boat and one parking <br />space per dock lot. Because this lot currently has two boats and two boat slips the applicants <br />have requested an after the fact variance to permit a parking area to accommodate two <br />vehicles and the CUP to reflect the lot is to be used for storage of two boats. <br />4. <br />5. <br />Can the property, based on the size, be put to any other reasonable use. <br />The existing docks are approximately 65' long. If approved now at this length, any extension <br />of the docks would require an amendment to the CUP. <br />6.Recently the City of Orono has prohibited parking on Shadywood which has been very <br />controversial. Is there a created need for internal parking for this specific dock lot? Does <br />the parking area have to be gravel? <br />If you approve of a conditional use penr’t and variance for the this application recognizing tlie <br />riparian use of these tracts as a legal non-conforming use and approving the necessary variances to <br />allow an accessory structure without a principal structure and setback variances - consider whether <br />the following findings are appropriate: <br />1 . The use ot this lot as proposed will not create a hazard to the public, health, safety or welfare. <br />2.The present use as a riparian dock lot had been established on this property prior to official <br />municipal zoning and controls. <br />#2571 Jim Gimher and Dcug Alt <br />2739 Shadywood Road <br />Col Jitional Use Permit and Variance <br />Aiter the Fact Variance <br />Afarch 26. 2000 <br />pagf-2