06-14-1993 Council Minutes2 - Laserfiche WebLink

Home Browse Search

r MINUTES OF A REGULAR ORONO COUNCIL MEETING HELD MAY 24, 1993 1993 MARINA LICENSES - CONT. Hurr noted that the plan for Windward Marina indicates no storage Is allowed on the east side of the gazebo, but boats were stored there all winter. Gaffron noted the Council approved a plan that supersedes the original plan, allowing such storage. Jabbour commented that the LMCD has difficulty understanding that all boats are used in the lake, yet they have a very distinct difference between boats to be launched on a daily basis and boats to be launched that are dry stacked. He felt it would best serve by the City if they acknowledge that all boats will at some time be launched in the lake, and felt the City does not wish to restrict marinas and their types of service. He added, the City does not intend the street to be used for parking and the entire marina property used for boat storage. • Mayor Callahan stated he has read the applicable Statute and found out that it was completely revised in 1991, and the word park.j.n^ appears in It once, so he assumed that there is only one occasion where the LMCD has control over parking. The area which it appeared in the Statute had to do with parking in connection with marinas. Mayor Callahan surmised that the only place which the LMCD has been given power by the State to regulate parking has to do with parking in marinas. The Statute goes on to say, "the regulation by the LMCD has to be In accordance with and conforming to the zoning ordinances of the City". He opined that if the City’s view about the use of the land is that you allowed to park as many boats on the property as you wish, the LMCD cannot govern this densit> . The LMCD is beyond its authority if it tries to govern boat parking on land based on the fact that the boat will be launched Into the lake. Resolution #938 indicates a Joint control with the LMCD over dock use, as long as the dock is attached to land in Orono. He said If the LMCD is planning to condition the grant of licenses on any connection with parking, he opined they are not empowered to do so. He felt the LMCD is trying to prohibit or limit the use of marinas and encourage free access for the public, and the reason for restricting marinas appears to be to encourage freu access. He said, "access is access, and the damage to the lake doas not depend upon who pays to get the boat into the lake". Jabbour reiterated in the past the City has established unattainable goals, and is now trying to change that philosophy. He felt they could not rely on the LMCD to come up with logical uses as the LMCD has expressed a bias towa-d a certain type of boaters.