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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 12, 2013 7:00 o’clock p.m. _____________________________________________________________________________________ Page 21 of 37 (6. #13-3606 LUKE KUJAWA O YOUR BOAT CLUB, 1444 SHORELINE DRIVE – CONDITIONAL USE PERMIT AMENDMENT, Continued) Levang noted this is a conditional use permit and that the use will go with the land forever. Levang stated the Council needs to be cognizant of what happens with this property and that the Council has to make a decision that lasts the test of time, which puts a lot of responsibility on the Council’s shoulders. Levang indicated she is not willing to make a knee jerk decision and that she needs further information. Levang noted the fuel situation is a liability issue and the City does not want to see anyone get hurt. Gellis stated he is attempting to get clarification and understand how he can address the fueling issue when he does not own the property. Levang stated obviously he needs more time to think about this as well as the City Council. Gaffron stated permitted uses in the B-2 District include rental of in water boat slips, sales of boats, motors, trailers and marina accessories, repair and servicing of boats, on land storage of boats winter and summer. Gaffron noted there has been minimal storage at this marina the last few years. In addition, marine fuel sales are a permitted use. Gaffron indicated what Your Boat Club is doing today is providing marine fuel to their boat club customers. Also permitted are fishing tackle sales. Accessory uses allowed include signage, boat head pump-out, sanitary boat waste dumping facility, fishing tournaments subject to all other permit requirements of the code, sale of prepackaged food from vending machines, dive shops, a club house, a gazebo, lessons, teaching, sailing schools, rental of boats, sail board sales and rental, ice boating sales and rental service, ice fishing tackle sales and cross country ski sales. Gaffron noted those are all permitted uses once you have a main use. In addition, there are five conditional uses that are allowed. Number one is boat clubs or time share. The applicant shall demonstrate that adequate parking is available on site, which is the only condition that goes with a boat club. Other conditional uses allowed include public boat launching on demand, which is where there is a ramp and people come in and pay the person to let them put their boat in the water, public boat launching transient; on demand dry stacking where the boat stays there; transient public boat launching, which is the ramp; and charter boat port of call. Gaffron noted none of the City’s marinas have been approved for a charter boat port of call for a variety of reasons. Finally, a caretaker dwelling unit subject to conditions of limitations for such use as might be imposed by the Council. Gaffron stated the basis for a boat club being one of the five conditional uses had to do with the parking demands primarily, which is the one condition that was placed on it. The owner has to demonstrate adequate parking is available but no standards were put in place by the Council. Gaffron stated the City Council has to be comfortable that they have demonstrated adequate parking is available. Anderson asked if the Council could place some contingent items on the property even if adequate parking is demonstrated. Mattick stated the Council has had a lot of concerns about parking and the applicant has taken some steps to address those concerns. The Council is saying that there has been some good progress made but if the Council would like to look at it closer and perhaps do a site visit to get a handle on the situation, it is appropriate to table it for a couple of weeks to allow them to look the situation over. Mattick stated there is a basis to table the application and that the Council can take its time to make sure that the business is being operated properly and to think about other items that might not have been addressed. Item #02 - CC Agenda - 08/26/2013 Approval of Council Minutes 08/12/2013 [Page 21 of 37]