LA21-000017 (480 Big Island) Ex E Draft PC Min

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MINUTES OF THE ORONO PLANNING COMMISSION Tuesday, March 15, 2021 6:00 o’clock p.m. _____________________________________________________________________________________ 2. LA21-000017 JOE THULL, 480 BIG ISLAND, DOCK PERMIT ON ROW (STAFF: MELANIE CURTIS) Joe and Sara Thull, Applicants, were present. Staff presented a summary packet of information. The Applicants own 480 Big Island which is a non- lakeshore property on the eastern portion of the island. They have owned the property for a number of years and it is located between two platted, undeveloped rights-of-way which connect to the Bay Place right-of-way and connects to the lake on the eastern side of the island. There are many interconnecting undeveloped rights-of-way which are accessible to the public but no developed roads on Big Island and non are open for vehicular traffic. Code section 78-567 provides a mechanism for inland or off-lake property owners to request a permit to install or construct private improvements, such as a dock, on public rights-of-way. A dock would provide access to the Applicant’s property and this provision only exists within the RS district which consists of Big Island and Deering Island. Pursuant to this code the Applicants seek a permit to place a seasonal dock on City right-of-way. Two dock permits have been issued in the past 20+ years. Resolution 4465 attributed to 220 and 130 Big Island granted in 2000. Resolution 2038, referred in the Staff report as Permit 2038, attributed to 230 Big Island granted in 1986. 230 Big Island is an inland lot and that permit was for a dock that existed on the property on that location in the right-of-way since approximately the 1950’s. It was granted subject to a number of conditions including the following verbiage: “should there be any other requests from inland property owners to use this site for the installation of a dock to their properties, this permit is automatically revoked.” Permit 2038 appears to have remained in effect since that time, and has been transferred to the subsequent owners (Fred Brunjten/Nancy Farnes). Ms. Farnes has provided comment on this request, which was emailed to the Commissioners and placed at their seats, in addition to other comments received after publication of the packet. Staff finds the Applicants’ request generally meets the criteria outlined in the code for approval. Knowing the subdivision code has recently been changed to allow for easement access as another option for inland lots in the RS district only, the Applicants have attempted unsuccessfully to secure a private easement from neighbors including Three Rivers Park District as detailed in the submittal. They made the permit request in February. As a result of the request and based on the language in the resolution for Permit 2038, it should be considered to be revoked. Staff has concerns that the holder of this permit continues to desire dock access. There are two additional interior lots on the east side of the island, both just to the east of the Applicant’s property – they do not have lake access and may in the future request a permit for dock on the right-of-way as well. The City should anticipate requests from these property owners at some point. The other remaining properties on the east side are either lakeshore properties or in common ownership with a lakeshore property, thus providing the opportunity for a dock. Staff recommends the dock access question for inland lots be looked at comprehensively by the City. A number of public comments were received and included in the packet as Exhibit I; most of the comments received oppose the dock. Staff recommends approval of a dock with the following conditions: 1. The location of the installed dock shall be approved by the LMCD, and shall be approved by the Public Works Director. 2. The permit issued shall be valid for one year, and shall be subject to change, alteration or revocation for cause by the council at any time, and shall be automatically renewable on the anniversary of the date of issuance except upon written notice from the city to the permittee at least 30 days prior to the anniversary date. 3. The approval should identify which property(ies) has rights to use the dock, and each owner shall be permitted one boat slip for use by the owner of the property exclusively.