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3. The Planning Commission made the following findings of fact: <br />A. The municipal dock has been located south of the Stubbs Bay Road and <br />Bay side Road intersection for many years. <br />B. The dock has been used as a public dock for many years. Historical air <br />photos indicate the dock has been located in this area since before 1955. <br />C. The dock has provided public access via a narrow path of crushed rock <br />from the street side to the dock. <br />D. A recent survey on an adjacent property revealed the dock was located on <br />private property and not public land. The City has a platted 30* wide <br />corridor to &e lake from Bayside Road, known on the plat as Oak Street, <br />where it has been thought Ae dock was located. <br />E. Oak Street was platted on the south side of Bayside Road as part of the <br />Bay View Park Addition. <br />F. Upon discovering the dock was not on public property, it was relocated <br />to the present site, within the "Oak Street." <br />G. The access path to the relocated dock requires a variance to exceed <br />allowed hardcover on the site and a conditional use permit to allow filling <br />of 180 square feet of a non-Orono protected wetlaixl; grading within the <br />0-75’ lakeshore setback and within 5 ’ of a property line; and placement <br />of 12 cubic yards of fill material within the 0-75’ lakeshore setback; to <br />permit access to an existing City dock located on the North end of Stubbs <br />Bay. The fill is required within a non-Orono protected wetland to provide <br />easy access and handicapped accessibility. The grade is uneven providing <br />difficult access. <br />H. Wetland fill shall be minimal so not to affect the treatment of water <br />entering Stubbs Bay. <br />Page 2 of 4