03-21-2011 Planning Commission Packet

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#11-3500 Boat Clubs March 17,2011 Page 5 . accessory use. In this case, the City would rely on the annual marina licensing reviews to address and resolve any issues that arise related to the boat club use. Optionally, a standard might be added to the accessory use listing that limits the level of the boat club use to a certain percentage of the marina's on-water slips (i.e. "Boat clubs that occupy no more than 25% of the on-water boat slips of a marina"). Any expansion beyond 25% would require a variance (?), or might have a corollary Conditional Use enlxy (i.e. `Boat clubs that occupy more than 25% of the on-water boat slips of a marina' would be a conditional use). . E) Other, or a combination of the above... Staff Recommendation Reliance on a set of regulatory criteria that does not contain clear standards by which compliance can be easily measured will be di�cult to enforce if the need arises. For that reason, staff is recommending that a numerical parking standard be established for the boat club use. While the marina owners/operators would prefer to not be bound by a standard that will potentially limit their use,the City needs to have some level of confidence in its ability to enforce its laws. Orono has licensed marinas since the 1960s. It has been suggested that annual review of a boat club operation could be tied to the annual marina license review process. However, staff is currently attempting to streamline the marina licensing process we have attempted to follow in the past. Issuance of annual marina licenses has often been delayed due to the perceived need to verify compliance with operational standards via a site inspection. Staff would prefer to separate the issuance of licenses from enforcement of specific zoning standards, which runs counter to the idea of an annual review of a boat club use as part of the licensing process. Given the options noted above, staff would recommend the interim use permit option be pursued, with a numerical standard for boat club parking, provisions for a review or renewal process at stated time intervals, and the ability to curtail the use if it becomes a problem. We acknowledge the marina operators' wishes to not be highly regulated. We understand Planning Commission's hesitation to recommend fixing a potential problem that doesn't yet exist. Staff is looking at the topic proactively and believes it would be in the City's best interest to have measurable and defensible standards to fall back on should boat clubs become an issue due to parking problems. Planning Commission Action Requested Planning Commission should discuss the options and their pros and cons, and make a recommendation to Council regarding the boat club use.