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RESOLUTION NO. A RESOLUTION TO GRANT A CONDITIONAL USE PERMIT FOR DREDGING BY DAVID DUNLAP WHEREAS, the DNR permit 50-8 which permitted creation of the existing harbor and channel imposed as a condition thereon that the same "shall be considered pubic waters and shall be left open and unobstructed for navigation by the public", Paragraph IV thereof. WHEREAS, the present channel depth of less than half that. required in the permit constitutes an obstruction to navigation b1 the public and is therefore violative of the public interest. WHEREAS, the Flood Plan purposes of the City of Orono are not adversely affected by ri intenance of the channel since the absence of such maintenanc All not preserve wetlands as its policies require. WHEREAS, nor: -dredging which may convert wetlands from public waters is not a stated objective of the City's ordinances. WHEREAS, non -dredging may not create wetlands or even if it does that the process may entail years of open, stagnant water with mosquito breeding, stench and other possible nuisance aspects in- jurious to riparian owners and the public. WHEREAS, current DNR rules as a matter of general policy dis- favor dredging and channeling in public waters make express exception for maintenance dredging of channels to existing boat harbors, 6 MCAR 51.502: B.2.b. WHEREAS, the DNR rules reflect a policy to prottct the exist- ing natural character of public waters and their existing shorelarnds and that doing so meets the Orono requirement- of showing th- app:icant's ,-tere-t ,_ ueii,g k.. the public interest, 6 MCAR 51.5022 A. entitled Policy and General Restrictions. WHEREAS, the existing harbor and channel constitute a pre- existing non -conforming use and the requ_st for maintenance dredging therefore constitutes maintenance of a non -conforming use rather than its enlargement or replacement and therefore complies with City ordinances governing non-conforminq uses.