04-09-1990 Council Minutes - Laserfiche WebLink

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MINUTES OF ORONO COUNCIL MEETING HELD APRIL 9, 1990 ZONING FILE #1497 -G. TOBERMAN repairs. Mr. Crear read a letter written by his wife, in which she too objects to the commercial use. Mrs. Crear also indicated that she did not believe the property was suitable for residential use and would cost a great deal to convert. Mrs. Crear made reference to the adjoining residential property owned by Mr. Toberman that is in a state of disrepair. (See Planning Commission Minutes of 3/19/90). Mr. Crear believed that Mr. Toberman was asking too much for the property which is why it will not sell. He did not want the City to "bail Mr. Toberman out" if this is all due to a bad business decision on his part. Mr. Crear said, "If the Council recommends that the conditional use be renewed, most of the property owners in the area feel that Spates Avenue should be dead - ended." Mr. Crear also suggested that as part of the renewal approval, Council require that the property be continually maintained. He asked the City Council to require a high level of excellence for the property since it is in a residential area. Mr. Crear said, "Right now the fences surrounding the property are broken, the paint is peeling off of the building and the landscaping has not been kept up. Another problem is that an incredible bat population has developed underneath the eaves. I have had more problems with bats in my chimney than I have ever had before. If I walk out of my house at sunrise I can barely get out the door because the bats are flying by to get to the back of that building." • Mayor Grabek asked the City Attorney what happens to the property should the Council deny the conditional use renewal. City Attorney Barrett said, "That is my dilemma with this property. It would seem to me that the 'grandfathered' status of this property was lost because of a lack of use. As a consequence, we could determine that the underlying zoning, which is residential, applies and we could then compel the owner of the property to conform. One of the considerations that you have to keep in mind is that there has to be some use of the property. You may wish to ask the applicant to discuss his intentions for the property with staff." It was moved by Mayor Grabek, seconded by Councilmember Callahan, to conceptually deny the renewal of the conditional use permit /variance and ask the applicant to provide the City with a plan for the property within thirty days. Motion, Ayes -5, Nays - 0, Motion passed. #1500 ERIK CELMS 4050 HIGHWOOD VARIANCE RESOLUTION #2789 Mr. Celms was present for the review of his application. • Bernhardson provided Council with information regarding this 8 -