11-17-1997 Planning Packet - Laserfiche WebLink

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r HISTORICAL BACKGROUND In May 1976, the Orono City Council considered a rezoning and subdivision of 2500 Kelly Avenue for Daniel Lindsay. Conceptual approval for a conditional use permit for three duplexes was recommended on condition the third duplex unit not be constructed until the existing duplex is removed from the site and a maximum of two boats per dw elling unit for four boats per duplex be permitted dockage on the channel. The Planning Commission showed concern about the possible conflict in the ordinance as to provisions for duplex credits within the 1000' lakeshore setback requirement for multiple family residences. The conceptual approval of the concept plan for the planned residential development (PRD) and preliminary plat was approved subject to the Planning Commission recommendations on May 24, 1976. On October 3, 1977, the Planning Commission considered application #310 to consider issuing a conditional use permit for two new duplexes at 2505 Kelly Avenue. Dock rights for all three duplexes were also requested—one for the existing duplex and one each for the two proposed duplexes, for a total of slip usage for six households. The Planning Commission £q>proved the PRD and the duplex credit for the construction of tw o new structures within 200 feet of the commercial zone. However, they did not grant approval of any dock rights at that time. On October 11, 1977, the City Council considered the conditional use permit for planned residential development and the duplex credit. The proposal included a request for a joint use dock with four slips for the new units. No dock existed for the existing duplex. The City Council approved the conditional use permit for the duplexes. No consideration was given to the dock issue at that time due to a moratorium. In March 1978, the City Council approved a joint use dock permit and license for Kelly Avenue Holding Company for construction and use of six slips at 2505 Kelly Avenue. Issuance of the permit and license did not vest any permanent rights for multiple dock or moorage on this property. Minutes from previous Planning Commission and City Council meetings indicate that there was concern about riparian rights. Staff recommended a private outlot over the existing dock area to lessen the impact on the wetland and dismiss the need for a variance to the Flood Plain Wetlands Management Ordinance. In August 1979, the City Council approved Resolution #1058 to plat Navarre Cove. The resolution included creation of an area designated as Outlot A to be used as a joint use dock area for all three (3) lots, which outlot is to be owned and maintained by a homeowner's association comprised of the owners of all lots in this plat. Use of the dock area was subject to annual licensing and limited to six boats, one per dwelling unit. Creation of private easements for walkway purposes to provide access to Outlot A and for driveway purposes to access Kelly Avenue in favor of Lot 1 over Lots 2 and 3 and in favor of Lot 2 over Lot 3 were also established. Public notice was also give in Resolution #1058 that the existing duplex on Lot 3 (the subject property) is a legal non-conforming use of land. ' H