06-10-2013 Council Minutes - Laserfiche WebLink

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MINUTES OF THE ORONO CITY COUNCIL MEETING Tuesday,June 10,2013 7:00 o'clock p.m. (9. #13-3606 L UKE KUJAWA OF YOUR BOAT CL UB, 1444 SHORELINE DRIVE, CUP AMENDMENT, Continued) Gaffron indicated that this is the only marina in the City that is not owner occupied and has two tenants— The Boat Club tenant and River Valley Power and Sport Inhabiting the main area. The Boat Club is proposing to move their entire operation to the east side of the property. The main marina building is under lease to River Valley Power& Sport, who is also leasing a number of slips for their boat sales operation. The gazebo and additional slips are under lease to Your Boat Club. Staff is recommending approval subject to conditions addressing the issues brought forth by adjacent property owners and the Planning Commission. Gaffron stated that as part of the 2011 conditional use permit approval,the boat club was granted 20 boat slips. The current situation is unique and there are a number of factors affecting this marina operation, some of which are long-standard and some temporary. These factors include the physical configuration and location of this marina operation; fragmented ownership and ownership currently in transition; multiple tenants as opposed to a single owner-operator; individual tax parcels extending across a county road that are zoned commercial on one side and residential on the other; and commercial parking on a residentially zoned property that was approved by the City as part of a lengthy rezoning request during the 1980s. Gaffron reviewed the conditions of approval established in Resolution No. 6037, as follows: Item No. 1: Permanent parking rights for the commercial marina property on the two residential properties must be established. This was accomplished via a parking contract that runs with the land and may not be extinguished without City approval. City acknowledgement of the use of the two residentially-zoned parcels for marina parking dates back to agreements established in 1980 for rezoning of the marina from residential to commercial, actual rezoning in 1983, and carrying through in 1989 when this site was redeveloped at that time the then marina owner lived in the southerly of the two residences and owned both houses as well as the marina property. The Council chose at that time not to establish a separate parking standard for boat clubs. Item No. 2: Marina and boat club operators "shall endeavor to have customer parking occur on the same side of Shoreline Drive as the boat being accessed,to avoid pedestrian crossings of"Shoreline Drive." The applicant Mr. Kujawa has acknowledged and shares this concern. To reduce pedestrian movement, he is proposing to relocate the boat club slips to the east side of Shoreline Drive where there are at least 26(and potentially as any as 34) parking stalls available. The Boat Club will be officed at the gazebo building on the east side and restroom facilities are located in the gazebo so that a majority of boat club customers should not have to cross Shoreline Drive. Item No. 3 reads as follows: "No more than 20 slips may be devoted to boat club use. An amendment of this conditional use permit will be required in order to exceed this number." The current CUP amendment request is to increase from the currently approved level of 20 boat club boats to 30 boats. Page 13 of 32