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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 12, 2013 7:00 o’clock p.m. _____________________________________________________________________________________ Page 11 of 37 (6. #13-3606 LUKE KUJAWA O YOUR BOAT CLUB, 1444 SHORELINE DRIVE – CONDITIONAL USE PERMIT AMENDMENT, Continued) Kujawa stated he would like to first address the fuel storage. All requirements of the fire chief have been met and selling of gas is a permitted use in the B-2 District. Kujawa indicated he has actually purchased four different tanks in an attempt to comply with the requirements and as of the present time Your Boat Club meets all requirements for the temporary usage. Kujawa indicated he would like to install an underground tank and that he did have City approval for that at one point. Kujawa stated that plan changed because of the location of the dispenser itself and they are now required to go through the LMCD to have the dispenser on the dock. Preliminary discussions with the LMCD have been had and it may be necessary to reconfigure a couple of slips to comply with their regulations. Kujawa stated he will be addressing that over the winter. As it relates to the ownership and management of the property, EOF Investments currently has three partners, including himself. Kujawa noted one of the documents listed his wife as one of the managing partners, which has been changed and new documents are available to be submitted. Kujawa indicated he does have a lease for the residential property located at 1442. Kujawa stated he also has in hand the boat club lease for the slips and gazebo as well as the lease with Browns Bay and River Valley Power Sports and he can provide those to Staff. In addition, EOF Investments has a signed and executed purchase agreement on the rest of the marina, which will also be provided this evening. Kujawa indicated he was hoping to be closed on the property by tonight but there were a few issues that slowed that process down. Kujawa stated in his view ownership is not a reason to deny approval of the application. Kujawa noted the slips on the Taniger Bay side are currently all private tenants and are all leased with the exception of one slip. Kujawa indicated he does have that slip map available tonight as well. As it relates to Requested Item No. 5, Kujawa stated the NPDES permit is brand new and was brought to his attention at the last meeting. Kujawa indicated he has had multiple conversations with the MPCA. During the first three meetings with the MPCA, they were unaware of the permit. Late last week an email was received from the MPCA indicated that if gas is being sold on site, that would be the trigger that would require the permit. The boat club is moving towards that goal and intends to comply with whatever conditions are required. The MPCA also indicated that the current site owner needs to apply for it and not a tenant. Kujawa indicated he is working with the property owner but he was just made aware of this requirement a couple of days ago but that they fully intend to comply with the regulations. Kujawa stated as far as liability insurance, documentation has been submitted for River Valley Power Sports and Your Boat Club. In addition, EOF Investments has been added to the liability policy. As it relates to the conditional use permit, Finding No. 9 states 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. The marina is already zoned a B-2 marina and the residential properties have a permanent and ongoing lease for parking. Kujawa stated he does not believe Your Boat Club causes any additional impact. Kujawa stated there is no doubt that as their boats get used more, it will require more parking, but that the steps they have taken have improved the parking on site and make the parking on site better than before they were a tenant. Item #02 - CC Agenda - 08/26/2013 Approval of Council Minutes 08/12/2013 [Page 11 of 37]