HomeMy WebLinkAboutResolution 1010 . �
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RESOLUTION N0. 1010 '
� A RESOLUTION REGARDING THE PENDING 1979
DOCK LICENSE FOR NORTH SHORE DRIVE MARINA
. WHEREAS, North Shore. Drive Marina, Inc. (hereinafter the
"applicant") has applied for a 1979 Commercial Dock License; and
WHEREAS, the City Council of Orono has publicly told the
applicant that all dock structures must comply with City and LMCD
dock use area regulations and that failing such compliance, the
City intends to deny the 1979 license and intends to proceed with
prosecution for violations of dock use area regulations; and
WHEREAS, the applicant has several times publicly stated
his intentions to locate all dock structures in compliance with
LMCD and City dock use area regulations ; and �
WHEREAS, the City Council a�ppreciates the desire of the
applicant to conform to the dock use area regulations and the City
Council continues to respect the good faith efforts of the applicant
and the applicant's attorney in resolving the differences between
,• the parties,
NOW, THEREFORE, BE IT RESOLVED, that the City Council of �
the City of Orono hereby wishes to place in the public record the �
following understanding: '
1. Larry Hork, President of Nort�. Shore Drive Marina, Inc. ,
' has promised and does again promise to provide the LMCD and
the City with a certificate of survey of the marina property
and the dock use area authorized therefore; but because of
the weather or other delays beyond the control of the
applicant, the appl'icant has been unable to provide said
survey. The applicant_ con tinues to promise early delivery
of said survey. -
' 2. The applicant understands that the City will require
delivery of said survey before the City will issue a
commercial dock license to the applicant for 1979, and that
the effect of such requirement is that the marina wi11 not,
open or operate in 1979 until. completion of this requirement.
3. The required Certificate of Survey shall show the actual
. shoreline location at elevation 929.4 feet MSL, ' the LMCD
� authorized dock use area including side setbacks and the
maximum lakeward extension from elevation 929.4, and the
� existing loca tion of all dock structures in rela•tion to the
authorized dock use 'area.
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� Resolution No. 1010 -
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4. The applicant has stated his belief that all existing
dock structures do comply with the dock use area regulations,
. but that should the certificate of survey show non-compliance,
the applicant will on the same certificate of survey sliow a
plan for relocating or reconstructing all docks to be in
full compliance with all dock use area regulations. The
maximum lakeward extension of docks from elevation 929.4 MSL
is 200 feet except that the City has and wi11 continue to
authorize a 25 foot extension to the 200 foot maximum dock
length for the sole purpose of fuel sales and related service
(gas dock) but in no case for the storage of watercraft or
rental of dock space,
� 5. Should any existing dock structures be in non-compliance
with the dock use area regulations, the applicant has and
does further agree to remove and/or relocate such structures
• to be in compliance with all regulations as part of the 1979
� license requirements.
6. The applicant has on March 12, 1979, delivered to the
City final plans for approval of the City Engineer for the
previously agreed upon baffle weir catch basin in the end
of the lagoon and has further promised to complete construction
of said baffle weir during 1979 according to such approved
plans.
I, Larry Hork, have read the foregoing and understand fully
the City's intentions regarding enforcement of the existing dock use
area regulations. I further agree that the various promises and �- �
statements written above are true and correct as of this date.
Signed:
• Larry Hork, President
� North Shore Drive Marina, Inc. _
, Adopted this 13th day of March , 1979.
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� ATTEST: William B. Van Nest, Mayor
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Walter R enson, Clerk/Administrator