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’ . I <br />X <br />Dock Location and Numbers <br />We are working \vith the city and the LMCD using aerial photographs to determine exactly <br />what docks and structure was associated with each non-conforming lot at specific points in <br />time. We expect to have that research completed in the next 2 to 3 weeks. <br />What was involved with each property is critical to understanding the issue of prior use for <br />each property. <br />A Long History of Problems with Non-Resident Dock Owners <br />In doing background history on the non-conforming dock properties we discovered that <br />there is a long history of recorded problems with these properties. The attached Orono city <br />memo from 1984 states that there have been many years of complaints about the non ­ <br />resident docks. The city cites the many years of complaints focused on theft, garbage and <br />litter, abuses of parking, excessive number of guest boats, all day picnics and boat slip rerital. <br />City staff also stated that the area had been complained about as being a commercial marina. <br />Because of all the stated problems and complaints, in 1984 the city asked residents and non ­ <br />residents to agree on covenants to address this issue. The City Council stated that they <br />would approve a building permit for a non-resident owner (Thimesh) if covenants were <br />developed and agreed to. Based on the verbal commitment of all the owners, approval was <br />given to Thimesh to install his dock. Once his dock w’as in, he had his lawyer send a letter to <br />the city refusing to sign the covenants Thimesh had agreed to in order to get his dock. <br />Because of this, the covenants were never signed and the problems stated in 1984 have <br />continued and accelerated. <br />Despite acknowledging the serious complaints and problems and the city’s conclusion that <br />“There was indeed a potential threat to the public health, safety and welfare” posed by the 20 <br />foot non-conforming lots, conditional use permits were granted to 4 of the non-resident <br />dock owners in 1985. <br />As a neighborhood, we have documented numerous issues, concerns and complaints about <br />the non-resident dock owners as detailed in the attached past correspondence. <br />Intensifying and Significantly Expanded Use of Non-Conforming Dock Lots <br />Since 1985 there has been a consistent and extensive increase in use that we feel the city <br />needs to address. <br />• In 1985 the non-resident dock slips were used in the same manner as residents, which was <br />for daytime recreational use. Boats were in the size range of 18-30 feet consistent with other <br />boats in the neighborhood and appropriate for the very shallow and narrow lagoon where <br />the docks are located. <br />In the late 1980’s or 1990, electricity was added by the non-resident dock ovyiiers which <br />f^undamentally changed the nature and usage of the boat docks. This addition more than any <br />other has led to a significant intensification of use. <br />The addition of electricity has changed the docks from appropriate only for daytime^ <br />recreation use to making them habitable docks. Large boats that can be used e^entially to <br />live on require shore power, which was not available at the non-resident docks in 1985 when <br />the conditional use permits were granted. <br />With the addition of electriciW, boat size has increased substantially, and usage has changed. <br />Usage of the non-resident boat docks has gone from da>time weekend use to boats being <br />used by many non-resident dock oyvners as weekend homes. A number of owners frequently <br />spend 2 or 3 nights per week on their boats, sometimes tied up at their dock.