08-18-1993 Council Work Session Minutes

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Joint Council and Planning Commission Work Session August 18, 1993 A Joint Work Session of the City Council and Planning Commission of the City of Orono was held pursuant to notice at 6:30 p.m., Wednesday, August 18, 1993 at the Orono Council Chambers. Mayor Edward Callahan and Councilmembers J. Diann Goetten, Gabriel Jabbour and JoEllen Hurr were present representing Council. Planning Commission representatives in attendance were Chairman Charles Schroeder and Planning Commission members Candy Rowlette, Sandee Smith and Charles Nolan. Building and Zoning Administrator Jeanne Mabusth, Assistant Planning & Zoning Administrator Michael Gaffron, and Recorder Lin Vee were present representing staff. Planning Commission Chairman Schroeder began the meeting by stating the intention of the work session is for the Council to give the Planning Commission some perspective as to what is happening with the B-2 zoning situation. Mayor Callahan explained that the section of the code being discussed is that which deals with zoning and land use for marinas. Questions began when the staff raised issues about the licensing procedures. The actual problems seem to revolve around possible violations of the land use section. Other problems involved the amount of the license fee, how many boats could be stored on the property, etc. As the Council looked at the code, two separate sections were evident; one dealing with licensing and the other with land use. The licensing section repeated almost verbatim everything that was in the land use section. A Lake Use Committee was formed consisting of present Councilmembers and Mr. Schroeder who determined there should be separate sections for licensing and land use for marinas. These two sections have now been separated leaving one of the grounds for revocation of the license that the marina must comply with land use regulations. The licensing section has now eliminated all reference to counting boats. The B-2 section was referred to the Planning Commission and it was unclear to them what Council had to say about the B-2 section. After looking at the B-2 section, it was found that the marinas were basically operating in compliance with the code. Mayor Callahan had the following suggestions: 1) Remove all reference to the LMCD from the ordinance. 2) Beyond providing necessary space for parking, the marinas should be allowed to do business as they wish as long as proper setbacks, hardcover and other land use issues are followed. 3) Avoid counting boats. Jabbour noted two instances in which the City has gone to court to gain compliance with dock lengths at marinas in the past. It was his opinion that the City should take a position that is equitable, fair and reasonable and is easy for staff to monitor. As long as the marina activity 1