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In regards to the marinas which have redeveloped and constructed new buildings in recent years, <br />in response to a comment that the marinas seem to be allowed much more flexibility with <br />setbacks and hardcover standards than we afford our residential areas, Gaffron noted that in each <br />case where the City has allowe'd construction of a new marina building or expansion of parking, <br />the City ultimately felt that the improvements being made yielded a much better product than <br />what previously existed. <br />After the review of the marina issues, Cohen noted that since many of these issues have been <br />continuing for manv years, it will likely be very difficult from a legal standpoint to resolve <br />them. Peterson agreed, noting that a history of denying licenses but allowing continued <br />operation doesn ’t make enforcement now any easier. It was noted that marinas who had not <br />regularly received Orono licenses had in many cases received LMCD licenses. Planning <br />Commission exoressed some consternation at the fact that there are two corcurrent licensing <br />bodies. It was reiterated that the LMCD exerts jurisdiction over the water, and the City e.xerts <br />Jurisdiction over the land. Gaffron noted that what happens on the land does affect what happens <br />on the water and visa versa, hence out of practical necessity there will be some overlap. <br />Discussion ensued about the multiple Jurisdictions, and whether the multiple licensmg is <br />appropriate. There also was discus.sion regarding the City’s enforcement ability for existing <br />marinas and the consequences of attempting to force a non-compliant marina to not open this <br />spriii- ’ It was generally recognized that to do so would yield a battle in the courts, but the <br />Planning Commission showed no consensus as to whether this would be an appropriate action. <br />It was also acknowledged that we likely will not see any new marinas built, but only rebuilding <br />of the existing marinas. <br />Bellows summarized the discussion by requesting tliat staff provide the information previously <br />noted and that the committee cannot make any reasonable progress towards commg up with <br />a suitable ordinance until the Planning Commission and Council can meet at a Joint session at <br />which Council can give Planning Commission a better sense of what tlieir goals are regarding <br />marinas provide additional background on the Jurisdictional relatioirship between Orono and the