05-29-2018 Council Packet - Laserfiche WebLink

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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 23, 2018 7:00 o'clock p.m. 23. RENTAL LICENSE 1440-1442 SHORELINE DRIVE — Continued Mattick stated the two lots are correctly zoned for what they are requesting they be used for. Mattick stated while it does seem like a cross use, a decision was made to allow it in 2011. Walsh stated the City has to enforce the rules that are currently in place. Walsh stated he assumes the police department is aware of the issues, and if they are aware of them, they should be driving by, especially on the weekends, to make sure that the parking rules are enforced. Walsh commented it is not a safe area. Dankey commented it is also an inconvenience for people trying to get home because boats are backing out on the road. Matt Johnson, 1432 Shoreline Drive, noted item number two in Staff's report is background and summary, and Paragraph 2 it reads: In 1989, a conditional use permit was issued to the previous owners. Johnson stated he is presuming that what is attached as the exhibit is what Staff referenced from 1989. Barnhart indicated he attached the resolution and site plan. Johnson noted 2674 is the resolution number. The summary in Staff's report of the resolution calls it a conditional use permit, but when he looks at the document, it is actually a variance application. Johnson indicated he has had this conversation before with Staff, but that this is some of the ongoing misunderstanding that he continues to have. Johnson asked how this constitutes a conditional use permit versus a variance application for a B2 zoning district that is approved to have a marina and where they were obtaining variances for setbacks, hardcover, and parking because they did not have the required parking with the necessary screening. Johnson noted it is now being called a conditional use permit and he would like to know what it is. Barnhart indicated there were a number of requests in 1989 and in 2011 and that a copy of the resolution and site plan was provided to the City Council for their review tonight. Barnhart stated he does not see a conditional use permit in the paperwork that was provided to the City Council and that he was trying to recreate the history and provide the information that is pertinent to the site plan. Barnhart stated the 2011 document is the most recent conditional use permit and is the one where the analysis of the parking was done. Barnhart stated to his understanding there is actually a conditional use permit predating 1989. Crosby asked if conditional use permits automatically go from business to business. Barnhart indicated they stay with the property. Mattick noted the approvals given in 1989 and 2011 stay with the property regardless if the property is sold and a variance is a demonstration that there is a hardship and runs with the land. Barnhart stated he provided the 1989 site plan because there was not a good site plan from 2011. Johnson stated there is some confusion between the conditional use permit and variance because the enforcement is different. Johnson noted the City approved a conditional use permit with respect to the boat club only and not the whole marina. The conditional use permit is specific to the boat club and Page 9 of 16