09-26-1994 Council Packet - Laserfiche WebLink

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r minutes of the orono planning commission meeting HELD AUGUST 15, 1994 ZONING FILE #1948 > CONT. Chair Schroeder cj^lained a code variance is being considered to a level of usage which is less than the previous conditional use had permitted. Randy Weestrand, 525 Orchard Park Road, stated he would not object to limiting the operation to only 10 horses. Lindquist if other non-owner conditional use permits had been issued within the City? Gaffron 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 within 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. Chns Ritts mdicated that Mr. Kokesh has a farm liability policy on the property and Ms. Harmon would also need coverage. Peterson he is opposed to the application because it goes against city code to allow a non ownership commercial busine^*to operate on anyone’s property. Chris Ritts reassured Planniitg Commission Members that the Kokesh family would still be using the property on die premises. Lindquist agreed with Peterson. Chair Schroeder suggested that subdivision be an alternative means to handle this request. He asked Councilmember Jabbour if there was a precedent for non-owner conditional use permits. Jabbour suted 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 Sfhry>ed*‘*‘ explained that members are in agreement with applicant continuing to jperate a limited horse facility but quesUoned 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 <^rat^ on Tonkawa Road is owned by a group and listed other examples. Chair Schroeder suggested ubling the application to sec if there is precedent of a non-owner operator and that tl» City Attorney be contacted for guidance as to what basis can owners give up their nght or obligation to operate under a conditional use permit. Chris Ritts stated he would check out legal issues and agreed to withdraw the application and have the owner rr»ubmit it.