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r \‘-f <br />I <br />1 <br />'ji <br />. m <br />i[ <br />3 <br />i <br />J-4 <br />*#' <br />-•\ <br />f’ <br />• •' <br />'I <br />V. <br />I <br />p <br />To: <br />From: <br />Dace: <br />Thomas Frahm, Marina Ccrrjnittee Chairman <br />Charles Kelley <br />William Sime <br />Jeanne A. Mabusthf Zon^no Administrator <br />June 17, 1985 <br />Subject: Riparian Outlots North of Narrows Bridge <br />List of Exhibits <br />Exhibit A - Agreement of 5/31/85 <br />Exnibit D — Combination Papers Tracts S 6 T <br />Exhibit C - Building Permit for Temporary Dock 6/7/24 <br />Exhibit D - Soule's Letter Dated 6/25/84 <br />Exhibit E - Zoning Administrator's Letter Dated 6/2£/8< <br />Exhibit F - Casey's (Resident Ov.i.er) Letter Dated 7/10/84 <br />Exhibit G - Inspection Notice <br />Exhibit H - Building Permit for Hev/ Dock Tract S 6 7 <br />Exhibit I - Survey/Site Plan for New Dock <br />• Exhibit J - Registered Land Survey 415 & 411 <br />Review of Application <br />In the Spring^ of 1984, after the many 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 a.-.d welfare in <br />the unregulated use of these ’0 feet wide riparian tracts given the <br />limited area of the- lagoon. The original Registered Land Survey <br />division created the .. tracts to provide protected dock use areas for <br />the homestead lots within that same 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 non-resident owners. Complaints <br />range as follows: garbage and litter of la.-.d portion 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 docks, all day <br />picnics conducted on private property by guests, rental cf residential <br />slips. <br />The City’s real concern is for the potential for <br />the congested lagoon and the alledged ccmncrcial <br />within the LR-lB Resdential Zoning District. <br />Status of Review <br />accidents within <br />• .ttal of slips <br />At your June 6, 1984 meeting, the Orono Marino Committee was <br />reassured by all resident and non-resident owners t.*.at they had <br />accepted the directive of ~hc 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 per.mit for a temporary dock to the current <br />owner of Tracts S S T. Review Exhibit C, the building permit speci­ <br />fied the agreed upon standards (non-rcsidont 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 , as amended at the June 6th noc'-ing, was never e>:c- <br />cuted. <br />m