04-26-1993 Council Packet - Laserfiche WebLink

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review of ihe Shoreland Regulations in early 1992 spent the remainder of the year discussing marina licensing issues, but generally got sidetracked with the Maxwell Bay access and LMCD issues that never reached a conclusion on marina licensing or the B-2 standards. Cohen requested that Gaffron give a brief summary of the issues which have lead to non licensing of certain marinas. Gaffron proceeded to summarize the historic issues with each marina, with the issues of number of boats, dry stack and dry storage, and boat clubs generating some discussion. Planning Commission members generally expressed surprise that certain marinas had been operating for many years without licenses. There was a brief discussion regarding LMCD’s requirement that Lakeside provide ongoing documentation of all boats on the land and the water. Breneman noted that this type of record is required by the marinas’ insurance companies anyhow, and the LMCD’s former inspector many years ago made regular inspections each year using these records to verify the status of boats on the property. In regards to the marinas which have redeveloped and constructed new buildings in recent years, in response to a comment that the marinas seem to be allowed much more flexibility with setbacks and hardcover standards than we afford our residential areas, Gaffron noted that in each case where the City has allowed construction of a new marina building or expansion of parking, the City ultimately felt that the improvements being made yielded a much better product than what previously existed. After the review of the marina issues, Cohen noted that since many of these issues h: ve been continuing for many years, it will likely be very difficult from a legal standpoint to resolve them. Peterson agreed, noting that a history of denying licenses but allowing continued operation doesn’t make enforcement now any easier. It was noted that marinas who had not regularly received Orono licenses had in many cases received LMCD licenses. Plamiing Commission expressed some consternation at the fact that there are two concurrent licensing bodies. It was reiterated that the LMCD exerts jurisdiction over the water, and the City exerts jurisdiction over the land. Gaffron noted that what happens on the land does affect what happens on the water and visa versa, hence out of practical necessity there will be some overlap. Discussion ensued about the multiple jurisdictions, and whether the multiple licensing is appropriate. There also was c cussion regarding the City s enforcement ability for existing marinas, and the consequences of attempting to force a non-compliant marina to not open this spring. It was generally recognized that to do so would yield a battle in the courts, but the Planning Commission showed no consensus as to whether this would be an appropriate action. It was also acknowledged that we likely will not see any new marinas built, but only rebuilding of the existing marinas. Bellows summarized the discussion by requesting that staff provide the information previously noted, and that the committee cannot make any reasonable progress towards coming up with a suitable ordinance until the Planning Commission and Counci* can meet at a joint session at which Council can give Planning Commission a better sense of what their goals are regarding marinas, provide additional background on the jurisdictional relationship between Orono and the