09-12-1994 Council Minutes - Laserfiche WebLink

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MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON SEPTEMBER 12, 1994 • (Item #4 - McKinney - Continued) City Attorney Barrett stated the City erroneously determined the number of units to be one, years ago, and is now recovering the water and sewer access fees. Barrett said the City is acting consistent with the statute and has the legal authority to recover said charges. Mayor Callahan stated the Council will follow Barrett's advice that the City has the authority to make these charges. Councilmembers voiced their opinions with compassion for applicant's hardship, possible availability of grants, but felt a precedent would be set if this charge was dismissed. In response to Barrett's comments, Eidsen replied he felt the assumption of misassessment is not correct. Neighbors, Mike Anderson, Greg Goodfellow, and Karen Cuff voiced concerns over the failure of the applicant to meet all conditions of the conditional -use permit citing examples of illegal parking, bedroom sleeping arrangements without proper egress, and number of people dwelling in the residence. Callahan stated the main concern here was the SAC charges. Mabusth said this was true but applicant must meet the conditional -use permit requirements as well. Mabusth stated an inspection found requirements completed and satisfory with the exception of a garage • stall being misused as storage. Gayle Siegler addressed the use of the garage stall as storage stating this will be remedied by winter. Siegler instructed the tenants that the lower level was not to be used as a bedroom. Callahan said the Council will not revoke the conditional -use permit as the applicant has the right to use the property as a duplex. Jabbour stated the Council members will uphold the conditions of the permit. Hurr and Goetten agreed to enforcement and the need to set a time limit to meet the conditions. Kelley asked that all matters be resolved by next meeting and for Mabusth to check that this was done. Neighbor Anderson asked the opinion of the City Attorney on the multi -use issue. Barrett said part of the problem with pre - existing use is in the zoning and arises not out of a City ordinance but with the Constiitution of the United States. The question is at what point a City would be found to have "taken" a property. Barrett believes the continual use may raise that constitutional issue but within the context of our ordinances, as well as the constitution, allows continuance of use if used continually. Because of this, the owner has the right to use the property as a duplex.The device of a conditional -use permit is used by the City to know what the non - conforming uses are and what the dimensions and limits are of the use. The neighbors asked for clarification of the best process in which to report violations of the conditional -use permit. It was determined that phone calls for expediency with • follow -up letters for the City to have in print is the best method. 3