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 RESIDENTML ZONING DISTRICTS: D.00KRENTAL, Continued) Rahn noted the City's handout states that new seasonal docks require a one -time $30 permit fee, and if the dock is reinstalled in the same location, the fee is waived. Gaffron indicated that language refers to the first time a new seasonal dock is installed. If a dock has been there for the last 50 years, it can continue to go in at the same location without cost unless it is relocated. Gaffron stated that may be a piece of the code that could be changed but that it is part of the City's fee schedule. The fee covers the cost of Staff having to go out and inspect the dock the first time it is installed to ensure it meets LMCD regulations. Rahn stated he has a problem with the dock inspection since the LMCD already covers dock inspections and setback measurements, and the City does not have zoning regulations for setbacks in the Code. Rahn commented he has spoken with the LMCD and they have a difficult time enforcing dock regulations, which is why the LMCD likes it when cities duplicate their efforts. Rahn stated he has spoken with other planners around the lakeshore cities and they have indicated they are not interested in regulating boats and do not want the legal issues associated with boat regulations. Rahn stated in his opinion the ordinance needs some additional work. Gaffron stated it is very rare that someone comes in and requests a license for a new dock at a site that has never had a dock. Printup asked what the typical complaint is. Gaffron stated the typical complaint by the residents is that their neighbor is renting their dock out and that people are coming in at all times of the day causing parking and neighborhood problems. In a situation like that, the City will send an inspector out, take the boat license number, and send a letter to the property owner and the boat owner informing them that it is illegal to be renting a boat slip. In the past the City has taken people to court in this type of situation and has won in court in a couple of cases. The LMCD has also been involved in similar cases. Gaffron reiterated that it is not an unusual thing to receive a dozen or more of that type of call in a year. Rahn asked if the LMCD also regulates dock rental. Gaffron stated Staff can check to see to what level the LMCD regulates dock rental. Curtis stated the LMCD website states that two restricted watercraft may be kept within a dock use area for most lots. Four restricted watercraft may be kept within a dock use area provided all the following conditions are met: There is a single - family structure on the lot, all restricted watercraft kept at the dock or mooring must be owned by and registered to persons who live in the residential structure. It also talks about the length of the shoreline and multiple dock licenses with the LMCD. 0 Rahn suggested Staff speak with the LMCD. Rahn stated the ordinance uses the word rental but that in his opinion the City should have an outlet for a neighbor who is allowing another neighbor, such as an inlander, to keep his boat on his dock. Rahn stated in his opinion that happens rather frequently and that the City should have some way to allow for dock use to happen if the property owner is not over the • number of allowable boats per their length of Lakeshore. Page 18 of 24