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Resolution No. �099 <br /> Page 80 ' . <br /> • <br /> 7. Either residential or limited commerical marina <br /> use of the Stubbs Bay property is a reasonable use <br /> of property within the legal definition of such. ' <br /> Prohibition of unlimited or �greatly expanded commer- <br /> cial activity is not a legal "taking" of any property <br /> rights but would instead be a recognition of the <br /> historic use of the property and the physical con- <br /> straints of the property. ' <br /> 8. Any developTnent on the property, whether residential <br /> • or some form of commercial marina operation, is <br /> considered by the Council to be "new" development <br /> because the only activity remaining on the property � <br /> • since the 1976 fire is the non-conforming rental of <br /> . slips on the public waters. The docks in place are <br /> structurally deficient and have been declared hazardous <br /> � by both the City and the owner. <br /> 9. Lack of cohesive City policy on an appropriate <br /> � permanent or ultimate use of the property will only <br /> lead to further tug-of-wars between neighborhood . and <br /> public concerns and private development pressure. <br /> IV. RECOMMENDATIONS TO THE CITY COUNCIL <br /> . A. STUDY MERITS . <br /> 1 . The Council does not lightly commission "studies" <br /> and-opposes the use of "studies" as delaying tactics . <br /> Instead, in depth land use or policy studies are <br /> commiss�ioned when important fact questions or policy <br /> questions require detailed review before a well-seasoned <br /> conclusion is made or action is ordered. <br /> 2. The Orono City Council and Planning Corra�ission <br /> members have collectively invested thousands of hours <br /> with citizens and professional experts in the <br /> development and refinement of the .City' s land use <br /> policies, goals and plans over the last 25 years . <br /> � � . <br />