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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,July 13,2009 7:00 o'clock p.m. PUBLIC COMMENTS None ZONING ADMINISTRATOR'S REPORT *4. #09-3410 JACK W. SAFAR,980 FERNDALE ROAD WEST—VARIANCE— RESOLUTION NO.5850 Murphy moved,Bremer seconded,to adopt RESOLUTION NO. 5850,a Resolution Granting Variances to Municipal Zoning Code Sections 78-1279,78-1288,78-1608(3)(c),for the Property Located at 980 Ferndale Road West. VOTE: Ayes 5,Nays 0. *5. #09-3412 CORTNEY SCOTT LeNEAVE ON BEHALF OF CORTNEY WAYNE LeNEAVE,360 WAKEFIELD ROAD—SUBDIVISION—SKETCH PLAN Murphy moved,Bremer seconded,to table Application#09-3412,Cortney Scott LeNeave on behalf of Cortney Wayne LeNeave,360 Wakefield Road,to the July 27,2009,City Council meeting at the request of the Applicant. VOTE: Ayes 5,Nays 0. 6. APPEAL OF ZONING VIOLATION-4450 SPRUCE WAY Curtis stated Staff did a drive-by inspection of the property located at 4450 Spruce Way following a complaint to the City. The property inspection confirmed that two Express Delivery trucks were parked at the residence and the word"Express"was printed on their address marker sign. A letter was sent to the property owner with notification that commercial use of residential property is governed by City Code 78-1376 regarding home occupations. The office of the business may be housed within their residence but the remaining business activity is not permitted. While the property does not fully meet the definition of a dispatch center as listed within 78-1376, Staff feels this business falls under the category of prohibited home occupations since the traffic level it potentially generates is similar to a dispatch center. Mr. Frazier is appealing staff's interpretation of the home occupation. Curtis stated in cases where it is unclear whether a home occupation should be classed as a Level 1 or Level 2,the zoning administrator shall make the determination,which is then subject to City Council confirmation if requested by the operator of the home occupation. In this instance, it is unclear whether the homeowner is operating a Level 2 business, but it is Staff's opinion the homeowner is operating a home business that does not qualify as either a Level 1 or a Leve12. Council is asked to review the information provided and make a determination whether the business qualifies as a Level I or II or should be prohibited. Curtis stated she does have photographs available for review. PAGE 3