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MINUTES OF THE REGULAR ORONO COUNCIL MEETING — DECEMBER 9, 1991 <br />##1701 — CONT. <br />Callahan stated <br />may not have the <br />noted this land <br />even after the <br />substandard and <br />to remain on the <br />that this is a non — conforming use and the Council <br />legal right to grant approval of such a use. He <br />is adjacent to two marinas. He also noted that <br />combination of the lots, the property is <br />they.would be allowing two principal residences <br />parcel. <br />Goetten agreed and deferred the question to Barrett, <br />Barrett agreed that the Statute prevents the Council from <br />granting a use variance. He noted approval of this application <br />may present difficulties in other applications. <br />Mabusth noted the applicant is requesting the rezoning of the two <br />parcels. She noted the property owner to the west is interested <br />in also rezoning. <br />Jabbour stated he' has no problem with what the applicant is <br />proposing, however he noted they may not be legally able to allow <br />the use. <br />It was moved by Goetten, seconded by Callahan, to table <br />application #1701 for Phyllis B. Sprague at 3340 North Shore <br />Drive, to allow the City Attorney time to submit an opinion on <br />the matter. Ayes 5, nays 0. <br />( #8) #1703 EDWIN J. & TRACEE GIBBS, <br />VACATION OF CLARA AVENUE — <br />RESOLUTION #3054 <br />Edwin and Tracee Gibbs were present. Ralph and Ruth Knox were <br />also present for the application. <br />Moorse explained that the applicants are requesting vacation of <br />unimproved right —of —way that the City has determined they do not <br />need for a roadway. The adjacent property owners have requested <br />vacation and the property be reverted back to them. The Public <br />Works Director is requesting a drainage and utility easement <br />along the property line. <br />Callahan asked if the vacation could include all property but <br />that requested for the drainage and utility easement, which has <br />already been dedicated to the City. <br />Barrett noted that the City wouldn't necessarily have to give up <br />the entire easement, but it may be more trouble to subtract the <br />portion requested as drainage easement as it has never been <br />defined. He noted he would look into the issue. <br />It was moved by'Callahan, seconded by Goetten', to vacate the road <br />except for the portion requested to be dedicated as drainage and <br />utility easement, and if upon the advise of Counsel it is <br />necessary to vacate the total road and acquire the necessary <br />easements as a condition,. the staff followup on such requirement. <br />El <br />