07-11-1988 Council Minutes - Laserfiche WebLink

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MINUTES OF THE REGULAR ORONO I COUNCIL MEETING HELD JULY 11, 1988 asked her what the possibility would be of dock usage in the area. He said that her comment to him was that the question at hand was whether or not the lot was buildable. It was obvious that a 5,000 sq. ft. lot is unbuildable, so it was suggested the applicants go before the Council to see what could be done with this lot. Mr. Michaels referred to the comments regarding the dock as an accessory structure and does not see anywhere in the Ordinance where a dock is referred to as an accessory structure. He went on to confirm the location of the property in question as being a channel near Lord Fletcher's that abuts County Road 19. He addressed the recomendations made by staff: There is no question that there is approximately 5,500 sq. ft. of area, or that the area i.s inadequate to build a home and that it has never been assessed for sewer and water. The tax valuation is nominal:: He cannot disagree that:' the: -lot is subject toy flooding but there have been no findings or evidence or expert testimony that there has been any flooding. There is no question that the lot i•s substandard. He finds it difficult to believe that a dock would create any problems with surface water Drainage. Congestion in the area should not be the result of maintaining a one or two slip dock. Referred to the finding of dimunition of value to surrounding properties as a bunch of nonsense. With regard to the .problem of parking in the area he suggests that the issuance of a dock permit for one or two boats should not create parking problems in the area. • Mr. Michals responded to Finding #8, referring to hardship by stating that the Applicants cannot build a house or any structures and the only thing they can use the property for is a dock: He does not see how the granting of a dock permit would be adverse to the health, safety and welfare of the City of Orono. He respecful ly requested that a permit be issued for the dock for at least one or two boats. Mayor Grabek asked for any questions on the part of the Council or the staff. Zoning Administrator Mabusth stated to Council that the findings noted by Michals dealt with the development of the property as a building site and had nothing to do with the installation of a residential. dock. That they first had to deny the fact that it was a buildable lot and those were the staff findings for building on this lot, not having a dock structure on this lot. Mr. Michals stated that his clients never asked to put a building on the lot. Mabusth noted that the first thing to be determined is the buildability of the parcel before the City can deal with accessory structures. Councilmember Goetter stated that she has never seen an incident where a dock was approved for building on a parcel without a structure and is afraid that a precedent would be set. Mr. Michals addressed the Mayor and mentioned that it was his understanding that his clients do have a dredging permit from the LMCD and that his clients could -go ahead and install a seawall to 4