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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 11, 2010 7:00 o’clock p.m. _____________________________________________________________________________________ Page 11 of 20 (6. #10-3471 TERRY SCHNEIDER WITH KLINGELHUTZ DEVELOPMENT ON BEHALF OF WOODHILL SENIOR COTTAGES OF NAVARRE, 2525 SHADYWOOD ROAD, Continued) White commented it is difficult for the residents whenever there is a change in the neighborhood but that those concerns have to be balanced with the rights of the property owner. White stated in his opinion this proposal is a big improvement over the previous plan. Curtis stated she would like to see the engineering issues resolved prior to the resolution being brought before the City Council. Murphy moved, Franchot seconded, to direct staff to draft a resolution approving the conditional use permit, site plan, and plat, subject to the engineering issues being resolved prior to the resolution being brought back before the City Council. VOTE: Ayes 4, Nays 0. 7. #10-3483 CITY OF ORONO-ZONING AMENDMENT – COLUMBARIUMS Bremer noted she is a member of Good Shepherd Church and that she will not be voting on this application since this ordinance indirectly affects the plans being considered by Good Shepherd. Bremer noted the City Council has received an e-mail from Good Shepherd on how this ordinance will impact their application. The proposed ordinance requires a 10-foot setback from all residential property required for a columbarium and that the property adjoining Good Shepherd is a city park. Given the configuration of the Good Shepherd site, they believe the best location for their inurnment garden is closer than 10 feet from the adjoining city property line. The Planning Commission understood that issue and proposed a 5-foot setback from city-owned property, but the City Attorney drafted language requiring a 10-foot setback since, in his opinion, it would be difficult to differentiate between city residential property and private residential property. Bremer noted the Good Shepherd application will require a variance based on the language contained in the proposed ordinance. Murphy stated he attended the first Planning Commission meeting on this application and that his understanding was that the City was going to require a conditional use permit to address the setback. The ordinance is now going with a 10-foot setback. Curtis stated that was based on the advice of the City Attorney. Murphy stated he personally would prefer being able to analyze the applications on a site-by-site basis. Curtis noted the City Council does have the option to amend the language and perhaps include language exempting the 10-foot setback from a city park or other similar language, which would be a way to address that concern. David Owen, 3486 Ivy Place, Good Shepherd, invited the City Council to visit the site. The 5-foot setback they are looking at is a result of the narrowness of the site. Their design has been in place for a couple of years. Good Shepherd is looking for a 5-foot setback based on the fact that this site is a very wooded site and this area near the property line is flatter and they would like to take advantage of that. They would like to locate the inurnment garden five feet from the city property line to avoid having to deal with some steep slopes. Owen displayed some pictures of the site. Owen pointed out the inurnment garden would be located approximately 90 feet from the nearest property line and 150 feet from the nearest residence. The photos Item #02 - CC Agenda - 10/25/2010 Approval of Council Minutes 10/11/2010 [Page 11 of 20]