06-11-2012 Council Minutes - Laserfiche WebLink

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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 11, 2012 7:00 o'clock p.m. • (5. #11 -3503 CITY OF ORONO, ZONING TEXT AMENDMENT - LAKESHORE RESIDENTL4L ZONING DISTRICTS. DOCK RENTAL, Continued) McMillan indicated she is in agreement with Council Member Rahn and that the City should attempt to keep the regulations simple but make it clear that dock rentals are not allowed in residential districts. McMillan noted there are LMCD regulations that govern ownership of private residential docks and that it is unclear what more the City can do without imposing excessive regulations on the homeowners. Rahn commented the City will need to deal with issues as they arise as they have done in the past. McMillan stated the bottom line is that the City does not want commercial activity in residential areas. Rahn stated in his view his proposed language would cover all of those issues that the City has experienced in the past. Mattick stated the reason the "otherwise provide space" language was included is when the City attempts to enforce the ordinance, they may not be able to demonstrate a rental agreement exists and that this language would encompass that situation. Mattick noted the City has to be ready to accept allowing a family member to use another family member's dock without a rental agreement. Franchot asked if it was the intention of Council Member Rahn to omit buoys from his motion. Rahn indicated that was his intention and that he has a hard time accepting the fact that the City would • consider a buoy an accessory structure. Mattick stated to his understanding the City has not enforced that in the past. Rahn stated if that becomes an issue in the future, that can be addressed at that time. Rahn noted that complaints are now being documented and that the City can monitor that situation. Rahn commented the City has wrestled with this issue for a number of months and that it comes down to the ability of the City to enforce it. Printup seconded the motion. McMillan commented the new language will help enforce the fact that the City does not want commercial activity in residential neighborhoods. Rahn noted if the City gets too specific, they will be expected to act on every situation and that will result in added costs. Gaffron stated the City did have one buoy situation where the homeowner did not have a dock. In that case the buoy was considered an accessory to that property. Gaffron commented the new language will make it more difficult to prove that someone is renting and that people will be inclined to deny there is a rental agreement. Gaffron indicated he is comfortable with the language if the City Council is fine with it. VOTE: Ayes 3, Nays 1, Franchot Opposed. • Page 4 of 17