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REGULAR MEETING OF THE ORONO COUPdCIL, JULY 11, 1978 Page 8 <br /> Mr. Perry_ noted that this letter was the only REZONING <br /> objection on file and that most of the other 3445 Bayside Road <br /> neighbors had signed a petition in favor of (Continued) <br /> the request. He noted that Mr, ricCleary had <br /> tried for many years to overcome obstacles <br /> in approval of his dockage and marina requests. <br /> Planning Commission had general discussion <br /> regarding this proposal as an attempt to circumvent <br /> the LhiCD requlations regarding dock use areas. <br /> This rezoning is not for purposes of creating <br /> a building site or for permitting any use <br /> authorized by the zoning code, but is solely <br /> to redraw an imaginary line. There were <br /> questions about the legal effects of rezoning <br /> only a small porti.on of a separate parcel and <br /> about possible vested rights to residential <br /> use of this small lot portion. <br /> The issue was defined as one of dock use area <br /> definition - not number of slips. Planning <br /> Commission recommended denial of the rezoning <br /> request finding that the dock configuration <br /> presented with the #390 application infringes <br /> on the riparian rights of the owners of Lots 24 & <br /> 25 and that therefore the rezoning is unacceptable. <br /> Vote 6-0 for denial. <br /> Council Meeting - July 11, 1978 <br /> PQr. Stewart Perry was present representing the <br /> applicant. Mr. Perry commented that it would <br /> seem that we could work out the problems. We <br /> question the concerns stated by Mr. Brown and <br /> Pdr. Larson. - <br /> Mayor Van Nest: Our concerns are, we are <br /> creating substandard uses of the Stubbs Bay <br /> Marina property. <br /> Mr. Perry: We are concerned with the zoning <br /> line. <br /> �, <br /> Mayor Van Nest: We stated earlier that we would � <br /> not be in favor of rezoning. '�` <br /> Councilmember Massengale: We need the correct <br /> facts in front of us. This we do not have. <br /> Rezoning will not solve property lake rights . <br /> Rezoning is not a tool to create artifical lines <br /> to grant riparian rights to the lake. <br /> Massengale moved, Butler seconded, to direct <br /> staff to prepare a resolution for the next <br /> Council meeting to deny the application. <br /> The application does not conform to philosophy <br /> of rezoning. (Continued) <br /> � <br />