HomeMy WebLinkAbout07-15-1975 Council Minutes Work Session � � ' !���ork �ession - �Tuly 15, 1975 2,:(�0 F�.?��+.
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� '�ayor Searles opened t}�e t.•or�: sess i_o.r, r�eetinR at 2.:00
� �,.`t. Present: r�ayor Searles, Councilr�an-Paurus,
(,lerk-l�dministrator-Pick Benson, �zilding €, Zoning
� ".��r��inistrator-Nenry Atuhich F� '�lr. Rav �, Paul Kemnf-
� oltiners of North Star A'arina and 'tr. Tom 'iiller-attorney �
for Vorth Star.
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"�ayor Searles announced: The nurpose of this �aork
• session is to bring out facts of inform.�tion concern-
in,� the question of use of the dock belongin� to
� t:ie North Star �larina located on Crystal Bay.
� "�?�e ir�ain iGsucs are:
� 1.. �onin4� �
� 2, Licenses
.�. Previous usaRe
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'�iscussion follo�aed concernin�* the present zoning. 7'l�e
• records showed that the area. is nresently zoned residential,
'�':-1B sin le famil
� g y (rural residential 2 acres) .
� '`ayor Searles t�roduced the approvec� Council minutes clated
"ay 24, 1971, statinQ the conditions with ►ahich the original
� license iaas a�nroved and the restrictions imposed, noting
that tlie applicant aclmoivledges that tlie use cannot be
� = extended beyond one watercraft for the sole purpose of.
private use of the owner and guests and not commercial or
� quasi-com�nercial in nature.
� `•{r. Ray Kempf stated that he was a�vare of the 1�71 conditions
� but did not agree with them.
� `ir. Paul i�empf presented a letter concerning .•lorth Star
`iarina's point of d.iscizssion tia}iich stated:
� First of all, we have seen no evidence t}iat idorth Star "�Tarina
� is a threat to the public health, safety, and �velfare to
merit the very serious concerns expressecl in all the "lvhere
� as'" statements on pa�es 1 an�l 2. The "frenuent problems'' re-
ferrec� to in the fifth paragranh on t�age 1 have never been �
� revealed.
� �`,ihile we recognize the neeca for some re?ulation of businesses
serving t}ie public, we feel re�ulations should be designed to
� provide better service. (;hapter 73 regulations c�o nothi.ng to
encourage the `Tarina onerator to deliver better service.
• 'i'he uncertainty of being licensed, the short term emnhasis, anc?
'lostile attitudes expressed anci fostered by t?lese nrocec?ures,
� discouras�es and actua_llv makes professionalism and resnon-
� sibilitv for ��iarine operators diffi.cult or ir,ipossible. This is
a business th�t rectuires substantial and long term financial
� investment to function in a professional a,nd responsible r��nr�er.
T'e }�oia of no evidence that indi.cates T.Taxinas reqtzire the ciegree
� of re�ulation and control set forth in chapter 73. G�:'e know of no
� other business or private lake shore user that is subject to such
`iarsh and severe reauirements and tnerefore consider chapter 73
1 �ii�llly discriminatory ancl arbitrary.
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� • i��'ork Sessi_on, Jtzlv 1_5, 1`�75 Pa�e 2
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� T''l�:i ;; ';�"i:. �T:��:
� '-T'L".I=::'�
� 2. P��t,_I:����i—--�'�?c�1T1 TA'E �:'?O1.11C� L1��C t0 pOlIlt 011t t}IAt 1��T�:1T1�
� rec{uireMents as set forth are totally unrealistic. �,'e
have never re�uired more than 60 parking spaces to handle
� otir trade and dockage ctistomers. This past Fourth of. �Tuly
tae had just under 60 cars in our lots -- more than at any
� ot}�er time. Chzr customers have never had to park on the
streets.
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�'aragraph c� is not included in any ordinance and we do not
• un�ierstand �ahat it means, why it is needed, or �iow it would
}�e enforced. T}ie desismation of snecific narking spaces for
� snecific purposes is c�Zite imnractical and should be delete�..
� ��nly the totals shoulci have any relevance.
A �. I.�`�II)SCA}'Ii�dG---���e are not opnased to landscaping but feel the
amount rec�uirec? for marinas ancl its an�lication as a condit-
� ion .for li_censing is descriminator��. ►,'?e do not know of
anv cor�arable rec�uirements for other existing businesses or
� �oning districts. Orono requests substantial landscapins�
c�r•unitments over a period of several years, yet for reasons
� n<v�ed and wuiamed our license could be cancelled, denied, or
altered at any time with any license granted running on an
�� aalnual basis onlv.
C�. ;I�L'RS OF OPrRATION---This is not clear and also discrimin-
� atory. The "commercial boat dock business" runs 24 hours a
ciay, seven clays a L�Teek. Perhaps "onerations'' requires more
� defin ition. � •
• '. I�CKS-----Snecific denial of riaht to use "North Star" 1ock
on Crystal Bay.
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� �Torth Star °'arina is Fee ��ner of lakeshore on Crystal Bay as
shows on attached surve�;.
� 1=�efore we can res ond to this we must know how this
P , Pronerty is
� ::�ned.
l. T"Te thou�ht it was Lake Shore Co*imlercial. In the past
� tnere lias been Corr�ercial Docks and a Fuel anci Service Pock
in that location.
• 2. The Orono Zoning Coordinator advises us it i.s zoned
• single f�i.ly residential.
5. The dimensions of the piece of land is approximately
� 4�� by 150' .
4. 1?enne�in County has an easement over a portion of the
� pro�erty for Countv Road 51 .
5. If it is zonec?� corrm�ercial we should have rights to dock
� �lorth Star owned boats--up to the number allotved adjoining
� nroperty o�aners. There has never been a problem titi�ith park-
ing nor have we been advised of any other problems in con-
nection �aith our use of this property.
� 6. If it is actually zoned single family residential �ae
� i�oulc] like to �:no�-� �ti�hen this occt�rred.
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� ; ':'.ork �ession - July 15, 1975 Page 3
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� Ir a court would determine that this is annronriate zonin� �;OR'I�� STAP.
for tllis property we shoulcl then he allowecl to dock the same a•�nnI_,?A
� number of comnany owned boats ancl enjoy the same riQhts as
any other property owner, without licensing and only subject
� to tlie same restrictions that are im�osed on nrivated
�ropert}� owners. � �
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� '':e feel that the restrictions noted on our license for 1971 in
connection wi.th our dock on Crystal Bay are not consistent with
� olzr property rinhts or even with tlle previ_ous use history of the
property or nossiblv even with ��rliat is allowed bv tlie ordinance.
� }, rr�]TY RIGIIT OF i�IAY---Not ta.kin� specific issue at this time
� with the intent of this �ara�*raph, we feel that Henne�in
�;otmtv is i.n a better nosi.tion to �ictate ?lo�,� this nronertv
� '�e utilize�3. � � �
r �� siun u�, l,:e fecl t'zat �11 act.:i_or ta�:en :in t�ie *�a_�t �everal vears
+ reqarding �-2 zonin,s� and licensing restrictions and regulations
are quite arl�itrary and descriminatory. Throu�*hout the formulation
� of "cha�ter 73' , to the best of our l�owledfie not one nerson or
husiness affected was consulted or auestianec� as to conditions
� neculiar to the o�erations. �ne would think that ive wl�o are af_fect-
ec3 would at least be best able to provide specific information re-
� lating to the pronerty use in �rono that would have been beneficial
i_n arriving at any conclusions. As it was, a totally new and
• {-iiite specific ordinance was drafted and passed with� no apParent
., innut from persons experienced and lmowledgeable in specific use
of Orono B-2 zoning districts.
� t�nder the circumstances, we feel it is too late and auite i.uireal-
� istic to attempt to resolve any of the areas in question prior to
issuance of a license for 1975. There are too many interrelated
� areas of concern and conflict to come to grips with such as our
c�uestions caith cl�pter 73, applications for building permit and
• seawall and the issue relating to our dock length, t�,e respect-
fully request that our license be granted as last years and
� t?-�at iae work toQetiler toward 1976 and future years.
� '�ouncilrnan Norman Paurus stated that the letter �aas discrir�inatory
� znd unreasonable and that the B-2 h�.a.rina corrmiittee and City Cotincil
��ad worked extremely hard to find a solution to the riarina� nrobler�.
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'�ile findings of fact to be presented to the City Council are:
• A'}�e oresent use of the dock located on Crystal Bay is not
cor.s istant 1ti�itli tlze: "
� l. Zoninp
� ?. intent of original issuance of license
�. previous usa�e
� �� . ori�ir,ai.l.v t��c ar�� ;r nuestion ��.�� -:e,ne-i resic�e��t�l
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� ���e,.rlr.,� r:i�lj;�t�rncc': r��eet.i�;n �t _ e .., ,
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