07-25-2005 Council Minutes - Laserfiche WebLink

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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 25, 2005 7:00 o'clock p.m. *12. MORATORIUM ON DEVELOPMENT IN NAVARRE COMMERCIAL DISTRICT — ORDINANCE NO. 26,3 rd SERIES Murphy moved, Sansevere seconded, to adopt Ordinance #26,3 d Series establishing a moratorium prohibiting the granting of preliminary subdivision approval, zoning (CUP /variance) approval, rezoning, or PUD approval for any property zoned or used for commercial use adjacent to County Rods 15 and 19 within the Navarre commercial area in the City of Orono. VOTE: Ayes 5, Nays 0. 13. STONEBAY DEVELOPERS AGREEMENT ASSIGNMENT APPROVAL Gaffron explained that outlots need to be part of the legal description and have been added in, as have the undeveloped additions. White moved, Sansevere seconded, to authorize the Mayor and City Clerk to execute the attached First Amendment to Planned Unit Development No. 4 Agreement. VOTE: Ayes 5, Nays 0. 14. APPEAL OF ENFORCEMENT ACTION — 2600 CASCO POINT ROAD " w • Curtis stated that, in response to a nuisance complaint, a property inspection was performed at 2600 Casco Point Road on May 23, 2005. At that time, staff met with the property owner and together performed the site inspection, noted violations, and documented with photos. The property owner • was provided with the appropriate City Code sections in the notice of violation letter. Curtis noted that the applicant worked with staff to remove most of the existing violations and the remainder of the materials on the site have been negotiated to extended deadlines with the exception of the tractor/backhoe. Curtis suggested that the Council discuss whether or not the City Code`Section 78 -1577c classifying the tractor/backhoe constitutes `special mobile equipment' and is therefore prohibited within Residential Districts. She pointed out that the neighbors' supporting statements have been included for Council review. Kaster stated that he bought the tractor 30 years ago, and that it sits on the property down a hillside hidden by trees. He added that he has no trailer and simply uses it for his personal use. He distributed numerous neighbors' comments that supported his use of the tractor, and acknowledged that many cannot even see it in the woods. As a nearby neighbor, White stated that he, too, could not see the tractor. Murphy stated that he parks his bobcat in his garage and the law states that Mr. Kaster must also. He pointed out that staff and Council spent a great deal of time developing the special mobile equipment ordinance and must enforce it. Kaster reiterated that, although the tractor is not parked in the garage, it is fully screened. He stated that he did not wish to construct a structure and lose the trees along the hillside. Murphy voiced concern that the City might be opening a `Pandora's box' if it fails to enforce its • code and be consistent. PAGE 6 of 10