03-11-1985 Council Packet - Laserfiche WebLink

Home Browse Search

MINUTES OF THE ORONO COUNCIL MEETING HELD MARCII 11, 1985. PAGE #884 RICHARD ELLER Mayor Butler stated *hat as a result of the attorney's request, she suggested tabling the application until March 25, 1985 when the attorney and/or applicant can be present. Edward Stanke of 2660 Pheasant Road stated that the applicant has been using every means possible to delay the application and by the time the City resolves the issue the lake will be open and the boat back into the water. Stanke asked for immediate action on the application since this has been going on since September. Stanke stated that an ordinance isn't any good if the City isn't going to enforce that ordinance. Stanke stated that Eller has kept his boat therefor two years and none of the neighbors like it. Stanke explained that he has had his home for sale and that the location of the boat has scared off potential buyers. Stanke noted that the snow has melted off and Eller is able to move the boat but Eller refuses. Mayor Butler explained that the proper procedure has been followed and that Eller has responded to the letters of staff by applying for the variance. Butler noted that sometimes the process is a little slower than everyone would like, but that Eller is allowed due process just like anyone else. Butler stated that the item will be tabled and staff will notify Eller that action will be taken at the March 25, 1985, Council meeting regardless of whether applicant and/or attorney is present. City Attorney Radio noted for the record that Eller has submitted a letter stating that he will not park the boat on his property next year. Councilmember Frahm moved, Councilmember T. Adams seconded, to table the Eller variance application until March 25, 1985, at which time the City will take action on the variance whether or not the attorney and/or applicant is present. Motion, Ayes (3), Nays (1). Councilmember L. Adams voted nay. Adams felt that normally when someone is in violation of a City ordinance, that person should be issued a citation first. Adams stated that Eller should be applying for an after -the -fact variance and the issue promptly resolved. Zoning Administrator Mabusth explainer? that the normal procedure for violators is for staff to write a letter notifying the resident of that violation and wait for the resident's response. Mabusth stated then the City writes a second letter threatening the issuance of a citation if the resident hasn't responded. Mabusth noted that if a resident still hasn't responded, a citation is then issued. Mabusth explained that Eller responded at the second stage by applying for the variance claiming that the topography of his property will not allow the storage of the boat elsewhere on his property. Mabusth noted that Eller claims that moving the twat will harm the boat which was confirmed by a marina, owncy, and the City Engineer.