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 noted the City cannot re -require something but that they can enforce the original terms. Mattick noted what is before the City Council tonight are the two rentals but that what they are talking about right now is the business. Mattick stated the Council could look at enforcing the parking. Walsh stated that is what the Council is saying. Mattick stated the Council needs to be careful about mixing the two issues, and that before the City Council tonight is the rental license application. Johnson stated he wants the record to accurately depict what is really going on and that the marina has a very specific parking requirement and they are all related to something. If they use four parking spots for a rental, they will lose some parking spaces for the business and the number of boat slips should be reduced. Johnson noted the next paragraph of the resolution states that in 2011, Your Boat Club received a conditional use permit. The conditional use permit confirmed the number of spaces required was 70 stalls and the number available was 81. Johnson noted what the conditional use said was that there was a potential for that many and that the City did not investigate it because the City Council determined there was not a requirement for additional parking for the boat club. According to the minutes, after some discussion, the City Council made the decision that they will not require additional parking spaces just because there was a boat club. Johnson stated when they are saying in the document that the City Council confirmed, that is actually not what it says in the conditional use permit because it says potential, which means the parking was not confirmed. Johnson noted further down in the paragraph it says that they ultimately need 74 spaces and the spaces identified in the 1989 and 2011 conditional use permits show they have more than that. Johnson noted when you go to the 1989 variance and not the conditional use permit, under Item A it says that they have 73 stalls. Johnson stated there were not parking spaces in excess of 74 because there were only 73, which means there is not enough parking to allow for both residences to be rented out under Orono's rental clause. Johnson stated in the 1989 application, it says that they are being provided a variance of four stalls because they fell four stalls short at the time and did not have enough then. The next paragraph says, there is no modification to an existing conditional use permit proposed that the City may not initiate an amendment to the conditional use permit. Johnson asked what it takes or what has to occur to initiate an amendment to a conditional use permit. Mattick stated it is issued to the land and that a change in zoning cannot initiate an amendment to the conditional use permit. If violations occur to the conditional use permit, the City Council can initiate to revoke the conditional use permit. Johnson stated whether it would constitute a violation of the conditional use permit if the City Council finds out that the boat club can only have 20 boats but they are actually advertising 24. Mattick stated the advertisement by itself cannot but the filling of 24 stalls possibly would. Page 11 of 16