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REGULAR MEETING OF THE ORONO COUNCIL, JULY 28 , 1980 Page 19 <br /> Mr . Swenson: Mr. Rhode would agree to one dock, VARIANCE <br /> three boats, with the issuance of a building permit 1410 Bohns Point Road <br /> now with the stipulation that no certificate of (Continued) <br /> occupancy would be issued until all conditions are <br /> met. <br /> Mayor Van Nest: I would have trouble justifying <br /> this procedure. It makes it more difficult for <br /> the City to enforce . <br /> Mr. Swenson: My client needs to take advantage of <br /> the present building season. <br /> Mayor Van Nest: You now want us to short circuit <br /> the Court' s decision. <br /> Mr. Swenson: The intent of our approval was to <br /> support Orono ' s position. Our appeal to the <br /> Supreme Court will take us into the late fall or <br /> early winter. <br /> Mayor Van Nest: The issues are: <br /> l. Conformance to line D-D <br /> 2 . Protective covenant <br /> I want the record to show that we have no one here <br /> representing the Beckers, Lauers, or the Stewarts. <br /> Mr. Rhode : The dec.k will not be screened or enclosed. --- - <br /> Mayor Van Nest: �e do have a resolution that should __ <br /> not be substituted by an agreement. There are concerns <br /> with the proposed deck which can be satisfied. <br /> Mayor Van Nest moved, Butler seconded, to modify <br /> Resolution #851 for Council approval. Proposed , <br /> deck to conform to D-D line and not encroaching <br /> within 75 ' of the lake. Deck not to be screened or <br /> enclosed; one single dock structure for three boats; <br /> resolution and agreement to be signed off before <br /> � issuance of building permit. <br /> Butler offered the following amendment: building <br /> permit to be issued immediately, occupancy certificate <br /> issued subject to execution of agreement. Motion died <br /> for lack of a second. <br /> Original motion passed. Ayes (4) - Nays (0) . <br />