09-19-1994 Planning Packet - Laserfiche WebLink

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MIMTES OF THE ORONO PLANNLNG COMMISSION MEETING HELD ALGtST 15. 1994 (#5) #1948 JOAN M. HARMON. 4100 WATERTO\M^ ROAD - CONDITIONAL ISE PERMIT/VARIANCE - PUBLIC HEARING - 7:47 TO 8:30 P.M. The Affidavii of Publication and Ccrtincate of Mailing were noted Joan Harmon and Chris Riits, attorney representing Frank Kokesh were present. Gaffron explained applicant is a ntm-resident and non-owiKr who requests a cotKlitional use permit and variance to run a limited horse operation. Frank Kokesh. the owner of the property, has operated a horse business for several years. In 1985 a conditional use permit granted approval for his horse boarding ami training operation but no renewal has ever been applied for. It is Ms. Harmon ’s intention to board only ten horses owned by five clients and provide riding lessons for only those clients. Qiris Ritts stated Mr. Kokesh ’s son. Dan. and other family members live on or adjacent to the property and all have reason to frequent the site. Frank Kokesh resides on the property approximately six months of the year. The youngest daughter, Suzie, presently resides in the farm house. Peterson asked for clarification of Resolution #1894 referencing condition #5 which states the conditional use permit runs with the property not with the owner. Gattron explained the code was amended in lv86 providing for a conditional use tor stables aral bams, private or public, and for a riding academy use. Since the code change, the owner never applied for a conditional use permit. Peterson noted that if applicant had continued to renew the conditional use permit, there would be no basis for the current request. Chair Schroeder asked whether there was public interest. Farl and Betty Dom. 4045 Watertown Road, recalled a prior incident in which the Dorns applied for a conditional use pemiit to allow for use of their property by a local day care facility. Mr. Kokesh was instrumental in starting a petition in opposition to the project stating they did not want excess traffic in the area. The application was withdrawn when the Council restricted the use to only 20 children which would not have been profitable for the Dorns. In 1985 the Dorns notified the City that Mr. Kokesh was operating a horse training and related business on his property. Eventually Council did grant Mr. Kokesh a conditional use permit for his business. A variance to the code is being requested for the current application which is almost the same as rezoning. Tliis would break down the barrier of commercialism as opposed to conditional use. He sees no need for a code variance if the present operation is trimmed back. The street is dancerous at this time with a 40 mph speed limit and people use it as a short cut. w