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To: <br />Proa; <br />Dace: <br />Thomas Frahm, Marina Committee Chairman <br />Charles Kelley <br />William Sime <br />Jeanne A. Mabusth, Sorinc Adm.inistrator <br />June 17, 1985 <br />Subject: Riparian Outlots North of Narrows Bridge <br />List of Exhii>its <br />Exhibit A - Agreement of 5/31/85 <br />Exhibit 0 “ Combination Papers Tracts S S T <br />Exhibit C - Building Permit for Temporary Dock 6/7/e-; <br />Exhibit D <br />Exhibit E <br />Exhibit F <br />Exhibit G <br />Exhibit H <br />Exhibit X <br />Exhibit J <br />- Soule's Letter Dated 6/25/84 <br />- Zoning Administrator's Letter Dated 6/23/34 <br />- Casey's (Resident Ov.».er) Letter Dated 7/10/64 <br />- Inspection Notice <br />“ Building Permit for Nev; Dock Tract S s T <br />- Survey/Site Plan for New Dock <br />~ Pegistered Land Survey 415 & 411 <br />Review of Application <br />In the Spring of 1984, after the m.any years cf receiving <br />complaints concerning the intense use and reported operation of a <br />commercial marina v/ithin Narrows Lagoon area. Council directed staff <br />to inspect the subject area. Staff advised Council that there was <br />indeed a potential threat to the public health, safety and welfare in <br />the unregulated use of these ’0 feet wide riparian tracts given the <br />lis^ited area of the lagoon. The original Registered Land Survey <br />division created uhe tracts to provide protected dock use areas for <br />the homestead lots within that sam.e Registered Land Survey. The <br />covenants, dealing, with the use of these tracts have long expired <br />and the tracts have been sold off to r.on-reSident owners. Com.plaints <br />range as follows: garbage and litter of land portic.". of tracts, <br />theft, obuses of parking, encroachm.ent of dock use areas by adjacent <br />dock owners, excessive number of guest boats stored at cocks, all day <br />picnics conducted on private property by guests, rental of residential <br />slips. <br />The City’s real concern is for the potential for <br />the congested lagoon and the alledged commercial <br />within the LR-IB Resdential Zoning District. <br />Status of Review <br />accidents within <br />• .ntal of slips <br />A.t your June 6, 1984 meeting, the Orono Marina Committee was <br />reassured by all resident and non-resident • owners t.*.at they had <br />accepted the directive of the City Council and agreed to execute <br />conevants for the limited use of their riparian tracts. Based on this <br />verbal commitment by all owners, the chairman advised staff that they <br />could issue a building permit for a temporary dock to the current <br />owner of Tracts S i T. Review Exhibit C, the building permit speci­ <br />fied the agreed upon standards (non-resident owner) for the docks <br />construction. The tracts were sold upon construction of the cock to <br />John Thimmesh who refused to accept covenants that he claimed dis­ <br />criminated against non-resident ov/ners (see Exhibit D). The agreement <br />of May 31 , 1934 , is amended at the June 6th mee'^ing, was never exe­ <br />cuted . <br />Z.