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MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MAY 12, 1986 <br />#1011 EXCELSIOR BAY YACHT CLUB continued <br />Mr. McGoldrick stated that last year they were able to <br />get a boat within 15 feet of the island. <br />Zoning Administrator Mabusth noted that the proposed <br />40' docks would extend a 100' from shoreline. <br />City Administrator Bernhardson noted the possible need <br />for a business use license for the dockage. <br />Councilmember Adams asked the applicant why they could <br />not proceed on a less aggressive dockage plan. <br />Mr. Klint stated that they are prepared to do that, but <br />they want their right to control it on a private basis <br />and they are entitled to 38 slips per LMCD. He stated <br />that they feel that the City does not have the expertise <br />to decide the number or size of docks that should be <br />allowed. <br />In addition, Mr. Klint stated that at this time they <br />would like to withdraw the application for a variance <br />because at the time the code was adopted, the city took <br />the position that the island was 6.5 acres which was <br />recorded acurate and final for all times. He stated <br />that it is a record lot and regardless of the size of <br />the island at this time, they do not need the variance. <br />Mayor Butler stated that the issue is that the island is <br />now only 2.65 acres and the city can not pretend that <br />the island is 6.5 acres, and the proposed recreational <br />day use does indeed require a variance. <br />City Attorney Blatz concurred with Mayor Butlers <br />statement and to overlook the facts concerning the <br />actual size of the island would be irresponsible. <br />Councilmember Grabek stated that he is not in favor of <br />utilizing the island in a commercial fashion and feels <br />there would be long term problems i.e. transfer of <br />ownership. He asked the City Attorney's opinion in this <br />matter. <br />City Attorney Blatz stated that she would like to review <br />the code and its history before giving her legal <br />opinion. She noted that the city does have the right to <br />place conditions which they feel appropriate in <br />granting a conditional use permit. <br />It was moved by Councilmember Grabek, seconded by <br />Councilmember Adams, to table this matter pending a <br />legal opinion by the City Attorney. Motion, Ayes 3, <br />Nays 0. <br />A <br />