01-27-1997 Council Packet - Laserfiche WebLink

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f f. u^i .1» 8) situated marinas in Orono which have for decades been non- conforming as to the required number of stalls. The Council finds that the negative aspects of increasing hardcover on the site for increased parking are substantial, suggesting that parking increases should be kept to a minimum. The Council further finds that the positive aspects of replacing the existing 2- story, 30' x 80' building on the site with a 1-story, 24' x 48 ’ building, are similarly substantial. It is the position of the City Council that this site has reached, and perhaps exceeded, its capacity for use and development. Further, the Council finds that any increase in the number of slips either in the water or on land, cannot be reasonably accommodated on the site due to the limitations imposed on the site by Orono's environmental protection regulations. Therefore, any approval of variances to allow new uses which intensify activity on the site, or which could unintentionally result a future intensification of activity on the site, must be carefully weighed in terms of balancing the property owner's rights against the environmental risks as well as public health, safety and welfare concerns. The Council finds that such a balance may be reached by allowing the proposed building replacement and boat sales use, conditioned upon an increase of three parking stalls with concurrent upgrade of stormwater facilities to current City standards, and conditioned upon further site and operational limitations which are intended to result in no intensification of use of the site. Further, limiting the increase to three stalls minimizes the City's risk of unintentional intensification of use of the site, in that should the retail sales use cease, use of 'additional parking now available' as a justification for increasing the number of slips at the site, has been minimized. Under LMCD codes, this site could conceivably be approved for an LMCD 'special density license' allowing up to one slip per 10 feet of shoreline length. The site has approximately 3310 feet of Page 6 of 15