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� °� <br /> � o 0 <br /> �b_ - CITY of ORONO <br /> �. � � <br /> ti <br /> ��L ��,'�' RESOLUTION OF THE CITY COUNCIL <br /> � 9kESH�S�`' NO. � $ � 5 <br /> 7) This history of conformity is in direct contrast to other similarly <br /> situated marinas in Orono which have for decades been non-� <br /> conforming as to the required number of stalls. <br /> 8) The Council finds that the negative aspects of increasing hardcover <br /> on the site for increased parking are substantial, suggesting that <br /> parking increases should be kept to a minimum. The Council <br /> further finds that the positive aspects of replacing the existing 2- <br /> story, 30' x 80' building on the site with a 1-story, 24' x 48' <br /> building, are similarly substantial. <br /> 9) It is the position of the City Council that this site has reached, and <br /> perhaps exceeded, its capacity for use and development. Further, <br /> the Council finds that any increase in the number of slips either in <br /> � the water or on land, cannot be reasonably accommodated on the <br /> site due to the limitations imposed on ;the site by Orono's <br /> environmental protection regulations: Therefore, any approval of <br /> variances to allow new uses which intensify activity on the site, or <br /> which could unintentionally result in a future intensifica,tion of <br /> � activity on the site, must be carefully weighed in terms of balancing <br /> the property owner's rights against the environmental risks as well <br /> as public health, safety and welfare concerns. <br /> 10) The Council finds that such a balance may be reached by allowing <br /> the proposed building replacement and boat sales use, conditioned <br /> upon an increase of three parking stalls with concurrent upgrade of <br /> • stormwater facilities to current City standards, and conditioned <br /> upon further site and operational limitations which are intended to <br /> result in no intensification of use of the site. Further, limiting the <br /> increase to three stalls minimizes the City's risk of unintentional <br /> intensification of use of the site, in that should the retail sales use <br /> cease, use of 'additional parking now available' as a justification for <br /> increasing the number of slips at the site, has been minimized. <br /> 11) Under LMCD codes, this site could conceivably be approved for an <br /> � LMCD 'special density license' allowing up to one slip per 10 feet <br /> � Page 6 of 15 <br />