05-12-2014 Council Minutes - Laserfiche WebLink

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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, May 12, 2014 7:00 o’clock p.m. _____________________________________________________________________________________ Page 4 of 16 (4. NEW JOINT USE DOCK LICENSE – PIRATES COVE [850-860 WINDJAMMER LANE], Continued) Gaffron indicated the LMCD, in looking at existing situations, will look at the entire length of Lots 6 and 7, which consists of approximately 344 feet. Based on the LMCD’s review of the six lots, the property owners would be allowed up to seven slips and Lots 6 and 7 would be limited to three slips. Gaffron noted the aerial photos from the 1970s, 1989, and 2009 show that there has been a dock at this location but that it has increased in size through the years. There have also been different layouts of the dock throughout the years. From Staff’s perspective, there are no real issues with a joint use dock at this location but that it would be looked at as a legal nonconforming situation. The City Council should consider the following issues: 1. The proposed joint use dock appears to fall under the definition of “joint use” in that it appears to be an association of more than two non-riparian landowners within a subdivision adjacent to the lake sharing a dock or dock system providing permanent boat slips for the members. Based on the aerial photos, it is entirely possible that past use of the shared dock system did not rise to the level of obviously needing a joint use license. 2. If the owners of riparian Lots 6 and 7 each agree to be limited to one slip, it would be reasonable to allow credit for their entire lakeshore length toward the total of six slips serving six lots. On the other hand, if either owner does not agree to such a limitation, then the “one slip per 50 feet” standard of Section 94-38 would not be satisfied. 3. The easements granted in 1967 and 1971 would appear to predate the 1984 Orono code and might be considered as creating a legal nonconforming situation. 4. In addition to the 2012 survey, the applicant has submitted two proposed dock layouts, each containing four slips. Layout A extends approximately 115 feet into the lake, likely requiring an LMCD length variance, while Layout B meets LMCD’s 100-foot length limit. 5. If the joint use dock license is approved, it would be reasonable to add a stipulation that each boat stored at the site must be registered to one of the non-riparian lot owners. Gaffron stated the City Council has the option of calling for a public hearing on this matter if is so desires. Staff’s memo with the attachments was mailed to all six involved property owners. Pending confirmation that the owners of Lots 6 and 7 will agree to being limited to a total of three slips for their use at their own property, Staff would recommend approval of a 2014 Joint Use Dock License for the Pirates Cove Dock Owners; to be renewed annually, subject to the following conditions: 1. Either dock layout A or B is acceptable, subject to gaining appropriate approvals for the dock system from the LMCD. 2. No more than four slips shall be allowed, one for each of the four off-lake lots, to be installed as a single four-slip dock system. The owners of Lots 6 and 7 shall additionally be limited to no more than three total slips combined, but are not required to have those slips be part of the joint dock structure.