Agenda Packet Cc - regular meeting 8/8/1988

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MINIITES OF THE RI9GUL1hR ORONO COUNCIL MEETING HELD JULY 11, 1988 asked her what the possibility would be of dock usage in the area. He said that her comment to him was that the question at hand was whether or not the lot was buildable. It was obvious that a 5,000 sq. ft. lot is unbuildable, so it was suggested the applicants go before the Council to see what could be done with this lot. Mr. Michaels referred to the comments regarding the dock as an accessory structure and does not see anywhere in the Ordinance where a dock is referred to as an accessory structure. He went on to confirm the location of the property in question as being a channel near Lord Fletcher's that abuts County Road 19. He addressed the recomendations made by staff: There is no question that there is approximately 5,500 sq. ft. of area, or that the area is inadequate ~o build a home and that it has never been assessed for sewer ane *pater. The tax valuation is nominal. He cannot disagree that t.ie lot is subject to f i oodiny but there have been no findings or eviuence or expert testimony that there has been any flooding. There is ro question that the lot is substandard. He finds it difficult to believe that a dock would create any problems with surface water Drainage. Congestion in the area should not be the result of maintaining a one or two slip dock. Referred to the finding of dimunition of value to surrounding properties as a bunch of nonsense. With regard to the problem of parking in the area he suggests that the issuance of a dock permit for one or two boats should not create parking problems in the area. Mr. Michals responded to Finding $8, referring to hardship by stating that the Applicants cannot build a house or any structures and the only tiring they can use the property for is a dock. He does not see how the granting of a dock permit would be adverse to the health, safety and welfare of the City of Orono. He respecfully requested that a permit be issued for the dock for at least one or two boats. Mayor Grabek asked for any questions on the part of the Counci 1 or the staff. Zoning Administrator Mabusth stated to Council that the findings noted by Mich^'.s dealt with the development of the property as a building site and had nothing to do with the installation of a residential dock. That they first had to deny the fact that it was a buildable lot and those were the staf f findings for building on this lot, not having a dock structure on this lot. Mr. Michals stated that his clients never asked to put a building on the lot. Mabusth noted that the first thing to to determined is the buildability of the parcel before the City can deal with accessory structures. Councilmember Goetter stated that she has never seen an incident where a dock was approved for building on a parcel without a stru-cure anc' is afraid that a precedent would be set. Mr. Michals addressed the Mayor and mentioc 1 that it was his understanding that his clients do have a dredg :g permit from the LMCD and that his clients could go ahead and i —tall a seawall to 4