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Resolution No. 929 <br />Page 4 <br />0 <br />18. That such dock construction and use is therefore a <br />nonconforming use as defined by the Orono Zoning Code and <br />at best is defined as a legal -nonconforming use. <br />19. That the docks as existing are in dangerous condition, <br />being structurally unsound, partially underwater and in <br />poor repair. <br />20. That Orono Zoning Code Section 31.106 requires the <br />removal of non -conforming structures which have a fair <br />market value of $3,000 or less, or in lieu of removal, <br />that the structures be brought into full compliance with <br />all other regulations of the Zoning Code. <br />21. That'McCleary's Stubbs Bay Marina docks have been and <br />are constructed in such a way so as to encroach the public <br />waters beyond -the authorized D.U.A. <br />22. That McCleary's Stubbs Bay Marina docks have been and <br />are constructed in such a way so as to encroach in front of <br />and within the authorized D.U.A. of adjacent residential <br />• properties (to wit: lots 23 and part of 22, Aud. Sub. 203, <br />owned by McCleary and lots 24 and 25,.Aud. Sub. 203, owned <br />by Dr. and Mrs. V. H. Larson. . <br />23. That Dr. and Mrs. V. H. Larson have publicly and for <br />the record complained about commercial expansion and <br />encroachment upon their D.U.A. and their reasonable riparian <br />rights. <br />24. That McCleary's subject application for rezoning involves <br />a small portion of his commercial parcels, namely part of <br />"a part of lot 22" and part of lot 21, Aud. Sub. 203 as shown <br />on Exhibit A attached hereto. <br />25. That McCleary's subject application for rezoning would <br />result in a record lot being 'subdivided for use purposes <br />without being subdivided for recording purposes. <br />26. That McCleary's subject application for rezoning would <br />result in a parcel of residentially zoned property which <br />would be 150 ft. long by 22 ft. wide in a triangular shape, <br />totalling 1,650 sq, ft. in area. <br />0 <br />