04-11-2011 Council Minutes - Laserfiche WebLink

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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 11, 2011 7:00 o'clock p.m. (6. #11 -3501 YOUR BOAT CLUB, LL C, 1444 SHORELINE DRIVE, Continued) The issues discussed by the Planning Commission included the following: Should a boat club CUP be issued when the number of available stalls is already slightly below the number required by code for just the marina use? The Planning Commission concluded that in order to be granted the CUP, the applicant should provide to Staff's satisfaction that parking is available to meet current code requirements for the site. Variables in determining adequacy include how many functional stalls are available, how many stalls are required to serve rental slips versus "other" slips such as those used to serve the retail operation, and how many stalls are required for employee parking. 2. Is there any justification to allow parking in the additional stalls in the triangle area east of CR15? The applicant believes that a number of additional stalls can be established by making use of the triangle area east of CR 15 that the City has not in the pat formally sanctioned as viable parking. Use of this area for parking was not included in the 1989 approvals, but rather a 4 -stall parking variance for the marina was granted. The Municipal Code has defined standards for commercial driveway entrances, which would limit the driveway access width to 32 feet at the property line, that the portions of the approach in the county road right -of -way be paved, and that a turnaround be provided on site to avoid traffic backing to the county road. The current gravel entrance to the triangle area is approximately 75 feet in width. 3. What numerical parking standards are appropriate for the boat club use? Should it be based on • total boat capacity or simply on the number of club boats? Should there be a limit on the number of club boats? The Planning Commission heard comments from a number of local marina owners /operators in attendance. Part of the discussion centered on how boat clubs are operated and managed, how this club would operate absent an office facility, how the parking need was determined for the Sailor's World boat club CUP, and the issues of consistency and creating or maintaining an even playing field for all Orono marinas. The applicant stated that it would not be in his best interests to operate in a manner or at a level that created parking problems for his customers, as they would likely no longer be his customers. In the end, the majority of the Planning Commission concluded that in order to gain a recommendation for approval, the applicant must show that the site has parking that meets the existing standards for a marina, and that no added parking increment for boat club use be required. The Planning Commission did not recommend a limit to the number of club boats, club members, or establish any other numerical parameters for regulating the use. 4. Should the CUP be issued without a resolution to the noted ownership issue? Although historically the two adjacent residential properties have been in common ownership, the last sale of the marina resulted in a separate ownership situation. The two marina parcels are owned by Browns Bay, LLC, and the residential parcels are owned by Tanager Bay, LLOC. The Planning Commission expressed concerns with that situation and recommended that appropriate documentation be provided that established a permanent right to use the residential properties for marina parking. . The Planning Commission voted 4 -1 at its March meeting to recommend denial based on the information currently available, but further recommended that the applicant submit further evidence to Staff to demonstrate that the combined use of the marina and boat club will comply with existing Section 78 -668, Page 5 of 30