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MINUTES OF THE <br />ORONO CITY COUNCIL MEETING <br />Monday, April 26, 2004 <br />7:00 o'clock p.m. <br />• PUBLIC COMMENTS, Continued <br />Since there is an apparent easement issue, Murphy asked staff what it would take to get a new <br />driveway access solely on their property. <br />Although the expense might be too much for them, Mrs. Timm stated that the Department of <br />Transportation would also have to accept the request. <br />Murphy stated that the Timm's need to take a hard look at how to get off the neighbor's land, <br />taking away his leverage, and the City needs to reconsider the Ordinance. <br />Sansevere suggested the Timm's run their driveway along the length of the easement and work <br />with staff to figure out the details. <br />Mayor Peterson asked staff to assemble the Ordinance information and try to obtain comment from <br />the DOT regarding a new access to discuss at the next work session. <br />McMillan suggested getting the two parties together to air their differences. <br />Moorse agreed, stating that the two parties view the situation completely differently, and it would <br />behoove them to try to mediate the problems. <br />Sansevere pointed out that a formal action must be taken prior to May 25, when the Ordinance <br />• takes effect, to extend the grace period while they discuss the Ordinance. <br />Mayor Peterson asked that staff keep the Timm's posted of extensions, meetings, and moratoriums. <br />• <br />ZONING ADMINISTRATOR'S REPORT <br />*6. #04 -2968 CUSTOM STRUCTURES LTD., 440 STUBBS BAY ROAD NORTH — FINAL <br />PLAT — RESOLUTION NO. 5159 <br />Murphy moved, White seconded, to adopt RESOLUTION NO. 5159, a Resolution approving <br />a 2 -lot subdivision in the RR -1B zoning district for the property located at 440 Stubbs Bay <br />Road North. VOTE: Ayes 5, Nays 0. <br />7. #04 -2993 CHRIS VALERIUS AND PHIL FISK, 2377 SHADYWOOD ROAD — <br />CONDITIONAL USE PERMIT, COMMERCIAL SITE PLAN REVIEW, VARIANCES — <br />RESOLUTION NO. 5160 <br />Gundlach reported that the applicants request the following to convert the existing residence into a <br />coffee shop/bakery/restaurant: <br />1. Commercial site plan review in order to obtain a building permit to construct an addition to <br />the existing building and to convert it from a residential use to a commercial use. <br />2. Parking setback variance to allow a drive through lane and parking spaces to be located <br />within the required 30' rear yard and within the required 20' front yard. <br />PAGE 5 of 12 <br />