09-19-1994 Planning Packet - Laserfiche WebLink

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MINUTES OF THE ORONO n ANMNC COMMISSION MKKTINi; HELD AI GI ST 15, 1994 ZONING FILE #I!M8 - CONT. Chair Schroedcr explained a cixle \ariance is being considered to a level of usage which is less than the previous conditit>nal use had permitted. Randy Weestrand, 525 Orchard Park Road, stated he would not object to limiting the operation to onlv 10 horses. Lindquist asked if other rwn owner conditional use permits had been issued w ithin the City? Gaffron stated he was unaware of any similar stable operation. Smith asked applicant what emergency arrangements would be in place. Joan Harmon explained two people would be hired that would be able to be on the premises w ithin 5 to 10 minutes and also Suzie Kokesh who is knowledgeable would be living at the site. Phone numbers would be posted along with guidelines to follow in emergency situations. Chair Schroeder pointed out the issue of liability regarding owner versus non-owner. Chris Ritts indicated that Mr. Kokesh has a farm liability policy on the property and Ms. Harmon would also need coverage. Peterson stated he is opposed to the application because it goes against city code to allow a non- ownership commercial businesses to operate on anyone s property. Chris Ritts reassured Planning Commission Members that the Kokesh family would still be using the property and be on the premises. Lindquist agreed with Peterson. Chair Schroeder suggested that subdivision be an alternative means to handle this request. He asked Councilmember Jablxvur if there was a precedent for non-owner conditional use pennits. Jabbour stated it is his understanding the conditional use permit is granted to the land not the applicant. He suggested the City Attorney be contacted for his opinion. Chair Schroeder explained that members are in agreement with applicant continuing to operate a limited horse facility but questioned if a conditional use permit can be transferred to a non- owner. Gaffron listed some conditional uses that are permitted within the 2 acre zones - schools, churches, clubs, camps, recreation areas, greenhouses, guest houses, antennas, crop and stock farms, keeping of animals, and stables and bams. For instance, the camp that is operated on Fonkawa Road is owned by a group and listed other examples. Chair Schroeder suggested tabling the application to see if there is precedent of a non-owner operator and that the City Attorney be cv>ntacted for guidance as to what basis can owners give up their right or obligation to operate under a conditional use permit. Chris Ritts stated he would check out legal issues and aiireed to withdraw the application and have the owner resubmit it.