06-27-2005 Council Minutes - Laserfiche WebLink

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f: . MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 27, 2005 • " 7:00 o'clock p.m. 10. #05 -3120 Calvary Memorial Church, 2420 Dunwoody Avenue -Conditional Use Permit — Resolution No. 5345 White moved, McMillan seconded, adopting RESOLUTION NO. 5345, a Resolution granting a sign variance for 2420 Dunwoody Avenue. VOTE: Ayes 5, Nays 0. 11. #05 -3125 Christine Valerius, 2377 Shadywood Road -Amend Conditional Use Permit Gundlach explained that the applicant requests an amendment to the conditional use permit for a coffee shop /restaurant approved in April of 2004 which would allow a portion of the upper level to be used as an office and grant a side street setback variance to allow a second story staircase to be setback 21.5' from the side street lot line when 35' is required, 24' was previously approved, and 15' formerly existed. Gundlach noted that the Planning Commission voted 5 -1 to approve the requested conditional use permit and side street setback variance to permit a private office and 2nd story exterior staircase stipulating that the staircase be constructed of wrought iron material of a color consistent with the building. Mayor Peterson inquired as to what the hardship was for granting the additional exterior staircase. Gaffron stated that the change in use forced the need for the outside staircase, in essence a building code issue. Though a self imposed hardship, Gaffron stated that the Planning Commission felt it was reasonable. Originally a coffee shop /restaurant was to be run by the applicant, Murphy questioned how it had become a chain • store, plus additional rental office space upstairs. He questioned whether the City would have approved this concept under the original application. Gaffron stated that this different use triggers an amendment to the original application and resolution. White stated that this is a business use in a business district. Sansevere stated that he was unsure whether he saw a legitimate hardship to warrant the outside staircase. Valerius stated that without the outside staircase the building fails to meet code and they cannot access the upper office space. Gaffron stated that staff is accepting Lyle Oman, the building inspector's opinion, that the current inside staircase does not meet code for the added second floor use. Murphy asked if there is adequate parking to accommodate a Caribou coffee shop. He questioned additional changes from the original plan, the handicapped ramp had been moved, windows, doors, and now the stairway. Sansevere suggested the Council table the request and allow the applicant time to consider their options. Mayor Peterson pointed out that the applicant had changed their use from what was originally proposed. The added use they have created does not provide them with legitimate hardship. • Valerius stated that the building inspector had led her to believe getting approval for adding the exterior stairway would be no big deal. She maintained that the City was denying her use of her building. Page 10 of 12