03-28-2016 Council Packet - Laserfiche WebLink

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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 14, 2016 7:00 o’clock p.m. _____________________________________________________________________________________ Page 15 of 37 9. #16-3803 STONEWOOD, LLC, ON BEHALF OF TASHITAA TUFAA, 1830 SHORELINE DRIVE, VARIANCES AND CONDITIONAL USE PERMIT (continued) Libby stated part of the reason he attends these meetings is for the other 16 property owners that are in this neighborhood. Libby stated one of the intrinsic values to this neighborhood is the fact that the residents can use the docks and park on the street. The majority of the residents have historically used the parking along the west side of Heritage Lane for many decades. Libby noted there is an addition in the amended plan that he was not aware of regarding the driveway alignment. Libby stated that was not what they had discussed at the last meeting and that the alternative that was suggested was based on a statutory compliance that there must be an egress or turnaround, which has been in effect since1986. Libby stated he does not see any effort to revise the driveway. Libby noted he asked the developer if they had taken any method of design or consideration for a different type of turnaround or roundabout and he said no because they did not have a requirement to explore a different design. The developer stated they are entitled to the right to use Heritage Lane as a second egress and that it would be prohibited by law to enforce or to prohibit them from having that curb cut. Libby stated he was not able to respond to that because he is not an attorney but that perhaps the City Attorney could respond to that. Libby stated traditionally 16 homeowners, with the future development of two lots, have been using this area to park in order to bring provisions and family and guests to use their boats. As a result of the curb cut and turning radius, they will not only be deprived of one parking lot but actually two parking spots in each direction. Libby stated that deprives the residents of Fox Hill to park there and that in reality they will lose about 12 parking spaces total. Libby stated the residents will also have to put up with construction for the next five years, which will be a major inconvenience. Libby stated while the residents and the Council respect the property rights of every individual, the Council cannot do that as a governing body at the cost and inconvenience of the many over the good of the few, which is also stated in the City’s Charter. Libby stated until future research is done and the City Attorney determines there are legal provisions that give the Tufaa’s the right to have the two curb cuts, the Council should not move forward with this application. McMillan noted the16 docks is an outlot situation and that one of the reason why Orono stopped having outlots is because all the cars have to congregate in that area in order to use them. McMillan stated other cities around the lake allow outlots but that Orono is probably the strictest city regarding outlots. McMillan asked how many outlots the City has. Gaffron stated to his knowledge the City issues 12 or 14 joint use dock licenses per year. Gaffron stated this situation is relatively unique compared to the rest of them since many of those do not have a need for parking and most of the residents can walk to their docks.