12-15-1997 Planning Packet - Laserfiche WebLink

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ORONO PLANNING COMMISSION WORK SESSION MINUTES FOR DECEMBER 15,1997 (#5 Home Occupation, Continued) #4 shows a deference to demonstrated disabilit/ where this would be the only opportunity to conduct business. #5 allows for any complaints to be in writing #5A was amended to include notification of the complaint to the alleged violator. Smith asked what occurs under 5B. She was informed thet a notice of zoning violation is sent, the section of the code is cited, and process is followed for zoning violation. Schroeder asked how it would be enforced. Smith asked if complaints have always been mailed This has not occurred but will in the future She asked if a copy of the complaint will bo sent to both the violator and complainant. Gaffron questioned whether the law preserves the c-nonymity of the complainer. If so, he feels this has to be respected that information received beco.nes public property Van Zomeren said the intent was to eliminate the need to follow up on all phone calls. Lindquist said he would not investigate an anonymous call. Van Zomeren and Gaffron said this occurs frequently Gaffron informed Schroeder that they follow up on complaints Calls are investigated to determine whether a problem exists. Srn>oeder said many people will not want io write a letter. Van Zomeren questioned how follow up car- occur McMillan suggested getting advice from City Attorney Barrett Van Zomeren said she would like to eliminate what is currently in the code. Lindquist. Schroeder, and Smith agreed Hawn suggested the use of a fee. Smith asked what happens to businesses that are currently in effect that are not allowed under the ordinance. Gaffron said an amortization schedule could be used or be grandfathered in and acknowledged for the record Schroeder leferenced the use of marina licensing in order to correct deficiencies, which has not worked. Van Zomeren said licensing is viewed as a privilege but working-at-home is considered a property right Stoddard said he felt a fee creates an added buiden. Van Zomeren said the $30 licensing fee is to cover the expense of investigating the business Smith asked if a determination has been made regarding the use of plumbing in an accessory structure as a side line business Gaffron said it has not McMillan suggested reviewing the issue of grandfathering in a business Lindquist noted that a person cannot be put out of business. McMillan asked about businesses that are non-conforming Lindquist said they should be allowed to show conformity Lindquist said new businesses that do not conform would not be allowed Hawn suggested making it clear that businesses must register. Uses that are grandfathered in will die Vn/ith that business owner upon death or retirement Lindquist agreed that it should not be allowed to be turned over to another person Gaffron asked that if the home occupation is not on the list and is a non-conforming use, should it go with the property. He suggested this regulation be lightened Smith questioned afffecting the livelihood or assets of a business. Schroeder said an argument could be made if the business was sold to another person