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:-i <br />.*$1 <br />'IV r>>..'•<, ^^VilK <br />To:Thomas Frahm, Marina Cojnmittee Chairman <br />Charles. Kelley <br />William Sime <br />Prom:Jeanne A. Mabusth, Zorir.c Administrator <br />Date : <br />Subject: <br />June 17, 1985 <br />Riparian Outlots North of Narrows 5rid9c <br />List of Exhibits <br />Exhibit A - Agreement of 5/31/65 <br />Exhibit B - Combination Papers Tracts S S T <br />Exhibit C - Building Permit for Temporary Dock 6/7/84 <br />Exhibit D - Soule's Letter Dated 6/25/84 <br />Exhibit E - Zoning Administrator's Letter Dated 6/2S/84 <br />Exhibit F - Casey's (Resident Ov.^.er) Letter Dated 7/1C/84 <br />Exhibit G - Inspection Notice <br />Exhibit H - Building Permit for New Dock Tract S 6 7 <br />Exhibit I - Survey/Site Plan for New Dock <br />• Exhibit J “ P.egistered Land Survey 415 & 411 <br />Review of Application <br />In the Spring of 1984, after the many years of receiving <br />complaints concerning the intense use and reported operation or a <br />commercial marina v/ithir. 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 70 feet wide riparian tracts given the <br />limited area of the lagoon. The original Registered Land Survey <br />division created uhr 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 land ‘portion of tracts, <br />theft, obuses of parking, encroachment 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, re:\tal of residential <br />slips. <br />The City ’s real concern is for the potential for <br />the congested lagoon and the elledged* commercial <br />within the LR-lB Resdential Zoning District. <br />accidents within <br />• r.ta 1 of slips <br />Status of Review <br />A.t your June 6, 1984 meeting, the Orono Marina Committee was <br />reassured by all resident and non-resident owners t.not 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 conunitment by all owners, the c'nairman advised staff that they <br />could issue a building permit for a temporary dock to the current <br />owner of Tracts S 6 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 owners (see Exhibit D). The agreement <br />of May 31, 1934, as amended at the June 6th meeting, was never exe­ <br />cuted . <br />/