03/19/2012 Planning Commission Minutes

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MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,March 19,2012 6:30 o'clock p.m. Gabriel Jabbour, 985 Tonkawa Road, stated he would like the Planning Commission to relook at how they are approaching this subject since the City has had the tendency over the past few years to approach the problem by making a deal,which does not work well. Jabbour noted he does own a marina which has 78 slips in it. One year the marina stored 800 boats on shore. The majority of the income does not come from rental of the slips. Up until a few years ago, it was illegal to sell boats at a marina,which was resolved by a court case and the marinas prevailed. When the City started doing zoning,they took the time to figure out what type of community Orono was and how they wanted to grow in the future. The City has zoning areas of half an acre on the lake all the way up to five acres on the lake. The City also has a number of ordinances that tell you what a lakeshore lot is and what use that lakeshore lot should have. Jabbour stated he personally owns six residential properties and pays an enormous amount of taxes to Orono. He is not allowed to have a dock unless he has a house, but yet,based on this proposal,his neighbor could have a dock that belongs to anyone. In order to be fair and equitable to everyone,the Planning Commission has to think of the overall ordinances. The reason for the various size lots was to minimize density. On every one of those sites,the City has lakeshore regulations. If you introduce other uses for people that do not live in the house,the City will end up with more boats,more canopies, and jet skis,which will have a strong impact on the visual appearance of the lake. Jabbour stated he is a strong proponent of public access but not to the detriment of the lakeshore owners. Jabbour noted the City had a person that had a house boat. The City took the property owner to Appellate Court and the court ruled that he could not have a dock. That person was actually advertising that his house boat was a cottage on the lake. Jabbour indicated he bought him out to make the problem go away. These regulations will affect the adjoining properties. Schoenzeit asked whether Jabbour has any issues with family and friends renting the docks. Jabbour stated he does have a problem with changing the spirit of the code. Jabbour stated people are not equal under the law. People have property rights,too, and if you change the structure of the ordinance, it will affect other people. Jabbour indicated he does not have a problem with relatives but that he does have a problem with friends. Jabbour stated in his view the City has been relying too much on the opinions of City Attorneys and City Engineers and that the City should check with the Water Patrol and the Police Deparhnent as well. Sean Foy,3345 Crystal Bay Road, stated he has stored his boat at a marina for 15 years. Foy commented marinas are great for handling people that are coming from different places and that you need some sort of regulation for that type of use. Foy stated there have not been any problems at the marinas. On Crystal Bay Road,there is not enough room for people to park their cars. Foy stated he knows there are people renting boat slips out in his neighborhood and that he is against the fact that they let private citizens rent their slips. Foy stated allowing your friends and family use your dock slip seems reasonable. David Boies, 1360 Rest Point Road, stated over the past 26 years,he has benefited from his neighbor's generosity in that they have allowed them to store their boat at their dock. Boies stated he is here to ask the Commission and Staff to include language in whatever proposal that goes before the Council to allow neighbors and immediate family members access to docks,primarily to protect the landowners Page 20