02-13-2006 Council Minutes - Laserfiche WebLink

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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 13, 2006 . 7:00 o'clock p.m. ( #06 -3171 John and Joan Brooks, Continued) nonconforming structures have been changed and that the Council can find that the use is reasonable and approve that. Brokl stated with regards to the structure, the applicant is applying for a conditional use permit and that the Council can place reasonable restrictions on the use of the building. Sansevere noted that future councils cannot be bound or held to decisions by past councils. Sansevere stated the City Council today could decide that what happened in 1983 does not have merit. Sansevere commented it is unfortunate that the two neighbors do not get along better. Brokl noted technically the public hearing was held at the Planning Commission and that a complete record of that public hearing is included in the application materials before the Council tonight. Floyd stated as it relates to his allegation regarding City Staff, he was being truthful. Sansevere stated he feels it is a very serious allegation and that he would like the matter to be handled by the City Administrator. Floyd indicated he has discussed that issue with Ron Moorse. - • Sansevere stated that issue is not germane to tonight's application and that he would like to discuss it further in a work session. Sansevere stated in his opinion Staff has conducted itself with integrity. White suggested Mr. Floyd speak with Mr. Brokl on the other issues and that the Council has enough information regarding this application to make a decision. White stated he does understand Mr. Floyd's concerns but that the dispute between the two neighbors is not an issue for the City Council. Floyd stated he understands the Council's time is limited and that is why he submitted his letter. White stated access to this site would not be gained through Mr. Floyd's property. Mr. Brooks re- enters the meeting. Murphy moved to approve Application #06 -3171, John and Joan Brooks, 905 Ferndale Road West, granting of a hardcover variance to relocate an existing deck and the granting of a conditional use permit to allow plumbing in an accessory structure, and to direct staff to draft an approval resolution with conditions prohibiting use of the structure as a secondary residence and /or living space. Gaffron pointed out Staff does have standard language restricting the use of the structure that could be inserted in the resolution. 0 Murphy inquired whether Mr. Brooks understands that the structure is not to be used as living space. PAGE 18 of 25