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MINUTES OF THE <br />ORONO CITY COUNCIL MEETING <br />Monday, June 27,2005 <br />7:00 o’clock p.m. <br />10. 005-3120 Calvary Memorial Church, 2420 Dunwoody Avenue - Conditional Use Permll - ResolutionNo. 5345 <br />WWte moved, McMillan seconded, adopting RESOLUTION NO. 5345, a Resolution cranting a sign <br />variance for 2420 Dunwoody Avenue. VOTE: Ayes 5, Nays 0. <br />II. 005-3125 Christine Valerius, 2377 Shadywood Road - Amend Conditional Use Permit <br />Gundlach explained that the applicant requests an amendment to the conditional use permit for a coffee <br />8^/restaurant approved in April of 2004 which would allow a portion of the upper level to be used as an office <br />r street setback vanance to allow a second story staircase to be setback 21.5’ from the side street lot <br />line Wien 35 is required, 24’ was previously approved, and 15’ formerly existed. Gundlach noted that the <br />Planning Commi^on voted 5-1 to approve the requested conditional use permit and side street setback variance to <br />permit a pnvate office and 2 story exterior staircase stipulating that the staircase be constructed of wrought iron <br />material of a color consistent with the building. <br />Mayor Peterson inquired as to what the hardship was for granting the additional exterior staircase. <br />Gaffion staM that the change in use forced the need for the outside staircase, in essence a building code issue. <br />Though a self imposed hardship, Gaffion stated that the Plaiming Commission felt it was reasonable. <br />^giiuUly a coffee ^restaurant was to be run by the appUcant. Murphy questioned how it had become a chain <br />store, plus ^ihonal rental office space upstairs. He questioned whether the City would have approved this <br />concept under the original application. <br />Gaffion stated that this different use triggers an amendment to the original application and resolution. <br />White stated that this is a business use in a business district. <br />Sansevere sUted that he was unsure whether he saw a legitimate hardship to warrant the ouuide stoircase. <br />Murphy ^ if there is ad^uate parking to accommodate a Caribou coffee shop. He questioned additional <br />changes from the original plan, the handicapped ramp had been moved, windows, doors, and now the stairway. <br />Sansevere suggested the Council table the request and allow the appUcant time to consider their options. <br />M^ Pete^ pointed out that the appUcant had changed their use from what was onginally proposed. The <br />use they have created does not provide them with legitimate hardship. <br />>^us stat^ thtt^ building inspector had led her to beUeve getting approval for adding the extenor stairway <br />wouM be no big deal. She maintained that the City was denying her use of her buildmg. ^ <br />Page 10 of 12 <br />L..