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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 8, 2010 7:00 o’clock p.m. _________________________________________________________________________________________ Page 3 of 23 *8. #10-3452 CITY OF ORONO ON BEHALF OF FRED A. BRUNTJEN, 240/250 BIG ISLAND – VARIANCE – RESOLUTION NO. 5923 Murphy moved, McMillan 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 USE PERMIT AND VARIANCES Dirk Miller, Applicant, was present. White noted a large number of residents are in attendance at tonight’s meeting specifically for the Emily Program application and that he would like to give a brief overview of the history of the application. In December of 2009, the Emily Program filed an application for a conditional use permit and three variances to operate an eating disability facility at the former Hill School. Staff prepared a report with their findings. On January 19th the Planning Commission heard the report of Staff and recommended approval of the application and for it to be sent to the City Council for their consideration. In addition, the Emily Program submitted an application for a garage on the same property requesting a setback variance. On February 8, 2010, the City Council met and discussed the variances and conditional use permit. After taking testimony, action was taken to table the application to allow staff and the city attorney to review the issues. On February 16, 2010, the Emily Program obtained an approval recommendation from the Planning Commission of the garage variance based on a reorientation of the garage. On February 17th, representatives of the Emily Program met with the neighbors at city hall and explained their facility and answered questions. On the 22nd of February, the City Council reconvened and discussed the application. Again public comments were received at that meeting. Mayor White noted he was not present at that meeting. The City Council tabled the application for the City Attorney to provide additional information and to review their options. At tonight’s meeting the City Council is again considering the Emily Program application. Murphy noted at the February 8th Council meeting it was suggested that a public information session be held, which was held the Wednesday after. A significant number of people were in attendance. White noted a large number of written comments were submitted. White requested if someone has submitted a written comment, to not comment orally. The meeting will be open for public comments, but White encouraged the residents to avoid making the same comments over and over again. White stated the issues with this application relate to the use, parking, setbacks, and the 24-hour operation of the facility. The City Council has looked at all of those issues and that it comes down to a zoning issue and land use issue. White stated this application will likely come down to a legal discussion about the land use. A number of individuals have expressed concerns about the possible future use of the property should the Emily Program vacate the site. The question is whether the use can specifically be limited to this use and whether that could be bullet-proofed, so to speak, should the Emily Program vacate the property. A discussion was also had regarding an Interim Use Permit. Item #02 - CC Agenda - 03/22/2010 Approval of Council Minutes 03/08/2010 [Page 3 of 23]