05-23-2011 Council Minutes - Laserfiche WebLink

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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, May 23, 2011 7:00 o'clock p.m. (9. #11 -3503 PUBLIC HEARING - CITY OF ORONO - ZONING TEXT AMENDMENT LAKESHORE RESIDENTIAL ZONING DISTRICTS. DOCK RENTAL, Continued) Bremer stated she does not like-the language in the ordinance under Section 4(6), otherwise providing space, but that she understands the intent of that language. Bremer stated there are a number of times that she has taken her boat to different locations and there are also lots of people who use neighbors' docks for going to and from places on the lake. Bremer noted that type of situation is not actually meant to be included in this but would be and that she does have a concern about the phrase "otherwise providing space" because it means no money is exchanging hands. Gaffron stated through the decades the City has had a number of people looking for ways around the ordinance and that is the phrase that gives the City some discretion in terms of the definition of renting. Staff is looking at the impact of boats on the neighborhood and one of the issues is parking and other activity from people who are not part of the neighborhood. The City receives approximately two dozen calls a year from people who know the City does not allow dock rental. In a situation like that the property owner may argue that they are not renting the dock and that it is just a friend, which may not necessarily be the case. Staff would like to make it clear in the code what the specific code section is without having to go to seven different sections. Mattick indicated he understands Council Member Bremer's concern, but that when it comes time to enforcement, the City has a difficult time proving that a rental agreement exists. Staff has found documentation of continued use of a dock by a boat that is not owned or controlled by the resident of the • property, which is what the City has previously attempted to regulate. From a drafting standpoint, this has been a tough ordinance to draft and that in a criminal sense the previous language made it unenforceable. Mattick stated they could consider inserting language that says a property owner may not otherwise provide space for X number of days consecutively or other similar language. Gaffron stated from a policy standpoint and perhaps from a Code standpoint, the LMCD generally checks around the lake and if there are four or more boats on one dock, they will check and verify if those boats belong to that property. If the same boat is there a week or ten days later, that would enter the realm of violation. Gaffron stated language of that sort could perhaps be written into the code. Rahn asked if the LMCD allows for non - ownership of boats if they are not over their BSUs. Rahn stated it was his understanding that the LMCD already had specific rules regulating dock use. Gaffron stated the City's ordinance has been stricter than the LMCD regulations for the last 15 years and perhaps longer. The City routinely receives complaints every year regarding dock rental and it is something that the residents expect the City to be enforcing. Gaffron indicated he is not sure whether he would recommend changing the proposed ordinance but that he could follow up and find out what the LMCD is doing and obtain their specific policies. Rahn stated he would like the City's ordinance to mimic the LMCD's and asked why the City would be dealing with this rather than the LMCD. Rahn commented that dock rental has to be a logistical nightmare for Staff to handle. Rahn stated near his neighborhood there are individuals that let other nonlakeshore residents keep boats at their docks and that he is not opposed to that if the property owners are not over their boat count or their BSUs. Since one of the concerns of boat rental is neighborhood • parking, Rahn questioned if the City is going to start to regulate people that entertain every Saturday night and their driveway is always full of cars. Rahn stated he would rather not have the City enact rules regarding boats if there is already another governmental agency that deals with dock usage. Page 17 of 24