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REGULAR MEETING OF THE ORONO COUNCIL, MAY 11, 1981 Page 5 <br /> Mayor Van Nest also stated that it took the City NORTH SHORE MARINA <br /> several years to obtain from the applicant the survey (Continued) <br /> showing the 929 . 4 elevation and because it was not <br /> provided in a timely manner, instead of denying the <br /> permit in each year , the City Council in an attempt to <br /> work with the marina, approved the license on that <br /> condition, and only to the extent that in fact it did <br /> meet the 200 foot setback from the 929 . 4 elevation. <br /> Douglas stated that there was no question but that if <br /> you measured the dock lengths from 929 .4 , then the docks <br /> are currently in violation of the ordinances. He stated <br /> that 1977 was a low-water year and because of this depth <br /> change and the amount of erosion, the docks that were <br /> then in compliance are no longer in compliance. He <br /> stated that if you had built the docks in 1949 at 200 foot <br /> length from that point, then they would even be much <br /> further out today because of the higher water and erosion. <br /> Douglas stated that certainly the City would not require <br /> that they cut docks that would have been 200 foot in <br /> length from the shoreline in 1949 and now need to be <br /> cut back because of erosion and high water. Douglas <br /> stated that these docks justify a variance because of <br /> the facts. <br /> Bruce Malkerson asked whether or not there was a Mark <br /> Hurd aerial of 1977 that would show the location of <br /> the shoreline at that time or any other evidence <br /> showing that the shoreline , in fact, was further out <br /> into the lake and that the docks were in compliance <br /> in 1977 . <br /> Mayor Van Nest stated that we granted the license in the <br /> past with the understanding that they did comply and it <br /> is now evident that they have not been in compliance for <br /> several years . <br /> Paurus moved, Butl.er seconded, to table the application <br /> for 1980 and 1981 marina licenses until additional facts <br /> and information are obtained. <br /> Discussion followed: <br /> Douglas stated that we should focus on this one issue and <br /> if the City is right and docks are not in compliance, the <br /> City should still feel they could grant a variance to the <br /> marina in order to work out an accommodation with the marina. <br /> Councilmember Paurus stated that 10 to 11 years ago, the <br /> original 200 foot requirement was adopted and this is the <br /> only marina on the lake that is now not in compliance <br /> with the 200 foot setback and it must come into compliance . <br /> (Continued) <br />