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MINUTES OF THE <br /> ORONO PLANNING COMMISSION MEETING <br /> Monday,March 21,2011 . <br /> 6:30 o'clock p.m. � <br /> The Planning Commission should consider the following options: <br /> 1. Recommend no changes, continue the current status of boat clubs as a conditional use, and <br /> establish appropriate conditions for a given site at the time a CUP is requested. Whatever <br /> conditions are established that would allow the City to limit or curtail the use in the future <br /> must articulate a rational basis for such curtailment. <br /> 2. Revise Boat Club Conditional Use Standards. In this option,the Planning Commission could <br /> recommend that a numerical standard be established for parking relative to the number of boat <br /> � club boats being operated. Adding a numerical standard creates an administrative tool that <br /> would automatically limit the allowed use to a certain level. The counter argument is that a <br /> numerical standard may be viewed by those being regulated as arbitrary and anti-business. <br /> 3. Interim Use Pernut. The Interim Use Permit is a tool that might be very appropriate for the <br /> boat club use. An I[TP does not grant permanent rights that stay with the property; it can <br /> contain sunset provisions that make the use disappear if certain triggers are met. It can be <br /> subject to regular review. The IUP is especially applicable in situations where the City is <br /> concerned about the impacts of a use and doesn't want to make a permanent commitment to <br /> allow the use. It is generally more acceptable for uses that do not require investments in <br /> infrastructure such as buildings,roads,etc. <br /> The Planning Commission could recommend that the zoning code be amended by(a) adopting <br /> provisions to allow Interim Use Permits and then(b)removing boat clubs from the list of B-2 <br /> conditional uses and adding them to a new list of interim uses allowed in the B-2 District. <br /> Then any request for a boat club CUP would be granted as an Interim Use Permit,perhaps <br /> requiring a review or renewal ever 2-3 years to determine whether or not the use should be <br /> allowed to continue. The basis for doing so would be that the boat club use may be appropriate <br /> under a given level of operation but if it becomes problematic,conditions would be in place to <br /> curtail or eliminate the boat club use. <br /> . 4. Make boat clubs an accessory use. If the Planning Commission feels that regulation of boat <br /> clubs as a conditional use permit is not appropriate because issuance of a CUP grants a <br /> permanent right to that use, an option might be to change their status to an allowed <br /> accessory use. In this case,the City would rely on the annual marina licensing reviews to <br /> address and resolve any issues that arise related to the boat club use. <br /> . As an option, a standard might be added to the accessory use listing that limits the level of <br /> the boat club use to a certain percentage of the marina's on-water slips. Any expansion <br /> beyond 25 percent would require a variance or might have a corollary conditional use entry. <br /> Gaffron stated reliance on a set of regulatory criteria that does not contain clear standards by which <br /> compliance can be easily measured will be dif�cult to enforce if the need arises. For that reason, Staff is <br /> recommending that a numerical parlcing standard be established for the boat club use. While the marina <br /> owners/operators would prefer to not be bound by a standard that will potentially limit their use,the City <br /> needs to have some level of confidence in its ability to enforce its laws. <br /> Orono has licensed marinas since the 1960s. It has been suggested that annual review of a boat club <br /> Page <br /> � 16 <br />