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 18 of 37 9. #16-3803 STONEWOOD, LLC, ON BEHALF OF TASHITAA TUFAA, 1830 SHORELINE DRIVE, VARIANCES AND CONDITIONAL USE PERMIT (continued ) City Attorney Mattick stated he understands where Mr. Winston is coming from in terms of establishing a practical difficulty, but that in an application like this, there are a number of factors that need to be taken into consideration. Mattick stated if there are things in the Council’s opinion that should be looked at, those are appropriate to consider. Mattick stated there was a lot of discussion about the driveway hardcover but that he does not believe a hardcover variance is at play in this application. Mattick stated where the driveway is located and how much hardcover exists may come into play when discussing other variances. Mattick asked if a variance is required for the driveway or the second curb cut. Gaffron stated the driveway situation is not a zoning issue but a Chapter 18 streets issue and is not subject to the practical difficulty analysis specifically. Printup asked if a condition could be that a curb cut be removed as part of the side street setback variance. Mattick stated as long as they still have access, the Council could deny the second curb cut. Mattick stated whether there are two accesses or not is up to the City Council. Mattick noted the County does control the right-of-way and that the County wants people to use the local roads for access whenever possible. Mattick stated he does understand the desire to take it off of the local road to preserve some of the parking but that he would envision the County denying that. Walsh stated he would agree with that and that there should be as few curb cuts on any main artery road as possible. McMillan stated it is part of the Council’s job to make sure the roads are safer. Printup requested the motion be amended to require the second curb cub onto Heritage Lane be eliminated if a variance is granted for the side street setback and that the access be onto Heritage Drive. Levang indicated she would not accept that amendment. McMillan stated they could make a motion to that effect. Walsh stated he would second Council Member Printup’s motion so it can be voted on. Printup moved, Walsh seconded, Application No. 16-3803, Stonewood, LLC, on behalf of Tashitaa Tufaa, 1830 Shoreline Drive, to amend the motion to deny the second curb cut onto Heritage Lane as a condition of the side street setback variance. McMillan stated they would be voting on whether to amend the motion to deny the curb cut on Heritage Lane.