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V 1:11 <br />L <br />Resolution No. <br />• Page 8 <br />AND, FURTHERMORE, BE IT RESOLVED, that based upon the' <br />above Findings of Fact, the City Council of the City of Orono <br />hereby declines to renew.Building Permit No. 3696 and instead makes <br />the following conclusions: <br />1. There is no valid permit outstanding for construction <br />of any improvement on this property. <br />2. The prior marina structure and non -conforming use <br />were permanently destroyed by fire on November 16, 1976, <br />thereby prohibiting reconstruction of any non -conforming <br />building or use. <br />3. The existing rental -of boat storage slips on the <br />public waters, particularly without accompanying marina <br />services, is an illegal non -conforming use of land. <br />4. The rapid expansion of boat storage density since <br />McCleary's involvement in the marina is not in keeping <br />. with the residential character of the area around Stubbs <br />Bay and is detrimental to the water quality and use of <br />Stubbs Bay by the public. <br />5. The numerous applications by McCleary for various <br />uses, expansions, rezoning, etc. over the past five (5) <br />years leaves'a cloud over the true intentions concerning <br />development -of the marina. <br />6.-McCleary's move out of state and his -lack of recorded <br />property interest, leaves a cloud over the true ownership <br />and control of the property. <br />7. There is probable conflict between septic system <br />requirements and the flood plain designation which has <br />not been addressed by McCleary. . <br />8. Even since the March, 1977 building permit approval ' <br />by the Council, McCleary has made applications for uses <br />denied by that approval.. <br />9. There is no justification for renewal of the building <br />• permit until all legal, factual and usage questions have <br />been answered. <br />