08-12-2013 Council Minutes - Laserfiche WebLink

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� MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,August 12,2013 7:00 o'clock p.m. (6. #13-3606 L UKE KUJAWA O YOUR BOAT CLUB, 1444 SHORELINE DRIVE— CONDITIONAL USEPERMITAMENDMENT, Continued) The third requested item was evidence of property ownership status and contact information for the responsible parties or site managers, including copies of any purchase agreements, lease agreements, and any other useful ownership/responsibility documentation. The applicant has submitted a warranty deed indicating that ownership of the two residential lots is now under EOF Investments, LLC,whose manager is Christy Kujawa. The applicant is now owner of the residential lots. A copy of the lease for the rental house at 1442 has also been submitted. Gaffron noted information about the current ownership status and lease status of the main marina site at 1444 has not been submitted. The fourth requested item requires the applicant to provide a diagram depicting how the in-water slips and parking stalls are apportioned to the various tenant users and to describe how this apportionment and the use of parking stalls for boat display impacts customer parking and pedestrian crossings of Shoreline Drive. No information was submitted as to this request. Gaffron stated the fifth requested item requires the applicant to provide a copy of his NPDEs permit and evidence of compliance or certification of no exposure if applicable. Gaffron indicated he did spend some time reviewing the MPCA website with regard to stormwater management permits for industrial activity and was able to find a variety of materials.The applicant has made inquires to the MPCA and has indicated he is not clear as to what is required. The applicant has indicated they will comply with whatever is required but the application must be through the marina owner and not a tenant. Requested Item No. 6 requires submittal of evidence of liability insurance for all uses occurring at the site, including River Valley Power and Sport. The applicant has provided that; although, one has not been provided for River Valley. Item No. 7 is submittal of a written response to expressed Council concerns as to how the boat club and/or other operations on the site are compliant or can become and remain compliant with necessary CUP findings 9, 11, and 12 regarding impacts on neighboring properties, creation of nuisances, and traffic issues. Gaffron indicated Finding No. 9 is that the use is not expected to substantially impair the use and enjoyment of the property in the area or have a materially adverse impact on the property values in the area when compared to the impairment or impact of generally permitted uses. Finding No. 11 states that the use should not create a nuisance which generates smoke, noise, glare,vibration, odors, fumes, dust, electrical interference, and general unsightliness. Finding No. 12 states the use should not cause excessive non-residential traffic on residential streets,parking needs that cause a demonstrable inconvenience to adjoining properties,traffic congestion or unsafe access. Gaffron noted the applicant to some extent has addressed the parking concerns. Orono's building official has submitted a report stating that while the building is unsightly and in disrepair, it does not meet the definition of a hazardous building. The City of Orono does not have a housing code to address the issue of aesthetics or disrepair. Police Chief Farniok has been asked to document complaints and he has submitted a memo listing all of the incidents responded to in the area of the marinas since 2011. Staff has been advised verbally that there have not been any further incidents since the memo was submitted. Page 9 of 37