12-11-2017 Council Packet - Laserfiche WebLink

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AGENDA ITEM Item No.: 14 Date: December 11, 2017 Item Description: Approval Temporary Site Plan for River Valley Sports Use of a Tent for Sales Display Presenter: Jeremy Barnhart, Community Agenda Planning Department Development Director Section: Report 1. Purpose. The purpose of this action item is to consider a temporary site plan for River valley sports to erect a tent for three months, from January 19, 2018 to March 19, 2018 to accommodate post boat show sales and display. 2. Background. This item was tabled at the November 27, 2017 City Council meeting. Council members wanted additional information as to the ownership of the property, and verification of parking. River Valley sports is a marine based sales and service business at 1444 Shoreline Drive. Boat sales and service is a permitted use at the subject property, zoned B-2. River Valley sports has submitted a special event permit for their proposed event, which includes the use of a large (39' by 82') heated tent to the north of the existing sales and service building. Closer review of the special event request yielded the decision that the request is actually a site plan review. Section 78-142 of the Orono City Code states: It shall be unlawful to construct a building, enlarge the footprint of a building, or change or intensify the use of an existing building or site in any business or industrial district without approval of a site plan in accordance with this division. As previously stated, Boat sales are a permitted use under the zoning ordinance and because the applicant wants to construct a tent, the code contemplates that the applicant must receive site plan approval. Site plan review and approval would normally be handled at a staff level. In the case, due to the lengthy but temporary nature of the tents, and the need to document parking solutions, on a busy thoroughfare, it seemed appropriate for the Council to act on the request. It is important to remember that property owners have a right to engage in permitted uses as provided within the zoning district. City staff and the Council have very little discretion to deny the application. It is generally arbitrary and unlawful to deny a permit for a permitted use, unless the zoning is subsequently changed to prohibit the use. The Council may attach reasonable conditions to the site plan approval, but the conditions must be reasonably related to an identified problem. The tent would be located in the parking lot. Parking spaces necessary to support the retail business will be located in front of the tent, and across the street as shown on the attached site plan. Ownership/ tenants. 1444 Shoreline is owned by EOF Investments. EOF investments has three tenants occupy the property, Browns Bay Marina, Your Boat Club, and River Valley Power and Sport. Based on their respective uses, Browns Bay Marina and River Valley Power and Sport Prepared By: J. Barnhart Reviewed By: jl 6a Approved By: .1J)96Z