07-11-1988 Council Minutes - Laserfiche WebLink

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MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JULY 11, 1988 serve the same purpose. He hopes that he will not have to • challenge the Ordinance but his clients paid a substantial amount of money for the land and they do currently have a dock there. He questioned whether granting this permit would set a precdent due to the fact that there are not that many 5,000 foot lots on a channel in the City of Orono. Mr. Callahan and the Mayor asked about the Tillotsen dock. It was mentioned that the dock had been there for many, many years and was there when applicants purchased the property. Goetten asked the applicants when they purchased the property. The Applicant replied a year and a half ago. Goetten asked if at the time of purchase whether the Applicants .asked the City whether or not it was possible to put up a dock; Applicant responded no. Goetten informed them that it would have been wise for them to have determined that prior to the purchase. Applicant stated that he had spent a great- deal of time with the ,_LMCD about their rules.and regulations and assumed that the LMCD rule °s would •coincide with the City rules. Mr. Callahan understands the staff to be truly concerned even about the use of the property as a ,place to dock even if they were to grant permit. The staff does not feel that there is parking that meets the requirements for parking, even if they just had a dock there. Also, the dock area not only is not close to any principal structure owned by the Applicant, but it is rather blocked by buildings so that it would be difficult to watch the boats on the dock. Mr. Michaels asked why the City would be concerned with the so- called criminal aspects of someone stealing the boat or • equipment. Goetten responded that the Orono Council is concerned about the health, safety and welfare of all of its citizens. She suggested that 41 Mr. Michals checked with the Police Department he would see that boats -are a prime target for stealing. Goetten stated that that was only one of many concerns that she had, and she assumed the entire Council had regarding this issue. Mr. Michaels does not believe that you cannot park two cars on 5,000 sq. ft. of land. Mr. Callahan reiterated that the Planning Commission and Council find this to the contrary. Mr. Michaels stated that the Council is not being practical about the usage of a piece of land. Mayor Grabek stated that this matter does set a precedent,•and that there are problems with placing docks on such small pieces of property around the shoreline of the City of Orono. It has been the policy of the City for years and because the Applicants did not come to the City and investigate the purchase of the piece of property is unfortunate. City Administrator Bernhardson commented. that Mr. Michals felt that the ordinance did not address the issue of accessory use. He thought that the City Attorney had researched that issue under one of the lakeshore zoning classifications that applies to all of the lakeshore zoning classifications; and it does specifically list the use of a private dock. That term may also apply to docking at a seawall. He recommends-that conceptual direction be given to staff regarding this issue and to have City Attorney research the usage issue to see if that is something that should be included in the bounds of a resolution denial if that is the Council's • direction. Goetten questioned whether the Council need be concerned about Mr. Tillotsen docking a boat on his neighbor's property? It was agreed that this issue would be dealt with separately at a later date. E