10-27-1986 Council Packet - Laserfiche WebLink

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To: Mayor Butler & Orono Council Members From: Mark E. Bernhardson, City Administrator Date: October 24, 1986 Subject: Spates Avenue Lift Station Issue: Should Council approve the following: a) Conditional Use Permit After -the -Fact b) Variance to Setback c) Hardcover Variance for lift station in Crystal Bay? Discussion: A number of issues have been raised during the review process not directly related to the cone ' ional use permit and variances and I would like to address those briefly in advance of the meeting. 1. Conditional Use Permit Requirement After -the -Fact As noted in Mr. Gaffron's memo dated 10/27/86, the City, while having the requiremen' for conditional use permits for lift stations since 1968, has nee_,. requested a conditional use permit for any it has constructed. When the issue was raised this year, staff had two courses of action to recommend to Council: a) obtain an after -the -fact conditional use permit; b) request an ordinance amendment to delete a requirement never utilized. Staff chose the former as it felt that location Lt view of such facilities is appropriately a land use issue and in the future will combine, prior to final approval of the project. 2. Is the lift station iust a structure or is it a building? Under the definition of building, a lift station is questionably a building (Section 10.02, #12). If it is a building (municipal), then it is a permitted use requiring no conditional use but variances for setbacks, etc. If not it is "Just" a structure and therefore does not need to meet the 50' setbacks for buildings. Given the questionable interpretation, it was felt the direct means was to obtain the conditional use permit for Public Works Structures not rising to a "Municipal Building" but that the 50' setback be given a variance.