12-08-2003 Council Minutes - Laserfiche WebLink

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ORONO CITY COUNCIL MEETING MONDAY, DECEMBER 8, 2003 • PUBLIC COMMENTS — Continued Gaffron read from the ordinance that parking in a residential district of vehicles in excess of 14,000 pounds requires: a lot size of 5- acres, property owner must be vehicle owner or operator, vehicle must be set back 50' from property lines, must not be visible from neighboring properties and public streets, maintenance shall occur within a closed building, vehicle shall not create a nuisance of any kind, and in a shared driveway situation the City must have on file a signed agreement from all driveway users. White asked if the Tim's share a driveway. Mr. Tim stated that they do. Mrs. Tim stated that they have the property with the barn painted "Class of '04." She stated that Mr. Tim left and returned to the property once each day, and he parks the truck on the south side of the garage. Sansevere asked if the truck could go in the barn. Mr. Tim replied it is not stable enough. Sansevere asked about some kind of grandfathering clause. Barrett stated that this form of regulatory ordinance, in his judgement, did not automatically create a constitutional right to grandfather where a truck is parked on the property. Council could make a decision concerning the issue, but the ordinance itself did not allow for it. • Mayor Peterson asked if Mr. Tim would have to apply for a variance. Barrett stated that Council could amend the ordinance to grandfather or not, as they choose, but the ordinance itself made no allowance for grandfathering. Murphy asked Mr. Tim if his neighbors' had issues with the truck. lair. Tim stated that his neighbor did not like the truck. He stated he tried to be respectful of people. Murphy stated Council should be careful about grandfathering someone without getting all the information they need from any and all concerned parties. He stated that with the 6 -month transition period, there was no need to take action at present. Gaffron stated that there was potential for a variance application, which would involve a public hearing, at which time Council would get the chance to hear from neighbors. Mayor Peterson asked how long the % -'ve lived in their home. Mrs. Tim replied they'd been there nine years, and the neighbor for five. Sansevere asked who they dealt with on staff when they requested permission to get the truck. Mrs. Tim replied that person had moved on, but she had a letter from 2003 concerning an in -home occupation. Sansevere stated that if the City approved his use of the truck, the onus fell on the City to work something out. 0 Mayor Peterson directed staff to review the matter. 7