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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 8, 2010 7:00 o'clock p.m. *8. #10-3452 CITY OF ORONO ON BEHALF OF FRED A. BRU:NTJEN, 240/250 BIG ISLAND- V ARIAN CE -RESOLUTION NO. 5923 Murphy moved, McJ\,fillan seconded, to adopt RESOLUTION NO. 5923, a Resolution Approving a Lot Area Variance for Record Lot Nos. 63 and 67 Pursuant to Orono Code Section 78-563. VOTE: Ayes 4, Nays 0. 9. #10-3442 THE EMILY PROGRAM, 2180 NORTH SHORE DRIVE-CONDITIONAL SE ERMIT AND VARIANCES Dir Miller, Applicant, was present. White oted a large number ofresidents are in attendance at tonight's meeting specificall); or the Emily Program plication and that he would like to give a brief overview of the history of the pplication. In December 2009, the Emily Program filed an application for a conditional use per · and three variances to operate an ea · g disability facility at the former Hill School. Staff prepared a repo with their findings. On January 19 th the lanning Commission heard the report of Staff and recomrnende approval of the application and for it to be sen to the City Council for their consideration. In addition, th mily Program submitted an application for a gara e on the same property requesting a setback variance. On February 8, 2010, the ·cy Council met and discussed the variances nd conditional use permit. After taking testimony, action was ken to table the application to allows ff and the city attorney to review the issues. On February 16, 2010, the Emily Pro am obtained an appro 1 recommendation from the Planning Commission of the garage variance bas on a reorientatio of the garage. On February 1 ?1\ representatives of the Emily Program met with the neighb s at city hall nd explained their facility and answered questions. On the 22 nd of February, the City Council recon en were received at that meeting. Mayor White note tabled the application for the City Attorney to and discussed the application. Again public comments e was not present at that meeting. The City Council additional information and to review their options. At tonight's meeting the City Council is a in considering e Emily Program application. Murphy noted at the February 8th Cou cil meeting it was sugge d that a public information session be held , which was held the Wednesday afte . A significant number of peo le were in attendance. White noted a large number of itten comments were submitted. Whi requested if someone has submitted a written comment, to not co ent orally. The meeting will be open for pu lie comments, but White encouraged the residents t avoid making the same comments over and over am. White stated the issue with this application relate to the use, parking, setbacks , arr the 24-hour operation of the facility. The Ci Council has looked at all of those issues and that it comes do to a zoning issue and land use issue. ite stated this application will likely come down to a legal discussio about the land use. A number of 'ndividuals have expressed concerns about the possible future use of the prope should the Emily Pro ·am vacate the site. The question is whether the use can specifically be limited to tn' use and whether at could be bullet-proofed, so to speak, should the Emily Program vacate the prope1ty. discussion was a o had regarding an Interim Use Permit. ---------------, Page 3 of23