03-08-2010 Council Minutes - Laserfiche WebLink

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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 8, 2010 7:00 o'clock p.m. 010 -3442 THE EMILYPROGRAM, 2180 NORTHSHORE DRIVE, Continued) McMillan commented she understands that the Crystal Bay neighborhood is very residential and has not been on the edges of commercial areas. Orono is a residential city with limited commercial use and the City Council has an obligation to protect that residential portion. The Art Center has been a long -time existing use in the neighborhood and at the time their new building was constructed, they conformed to lot area, lot width, and all the setbacks. It is located on five plus acres. The Art Center also agreed not to advertise their restaurant part. McMillan stated she is very cognizant of the fact that the Art Center has had these restrictions placed upon their commercial activity. McMillan stated she is fearful that if the Emily Program is approved, the City may experience commercial creep and other blocks in this area may feel pressure to sell to a commercial enterprise if they are unable to sell their house. McMillan stated maintaining the integrity of a residential neighborhood is very important. McMillan indicated she also has reservations with an IUP and the impact it could have on the rest of Orono. Due to the economy, there are a number of vacant buildings in the area, which may result in pressure being placed on future councils if a substantial amount of money is invested into a building and an interim use permit is approved. McMillan reiterated that she has a number of reservations on what it would mean for the entire City of Orono and not just related to this application. • Murphy stated at the previous meeting he encouraged people to become educated on the program, which the residents have done. There is no question that an 1UP is not a silver bullet either and that the City Council needs to understand the ramifications of an IUP far more clearly than what we do today. • White asked if, under an IUP, the proposed use has to conform with the approved underlying uses of the district. Mattick stated that is one of the requirements. The IUP statutory requirements are that it must conform to the underlying zoning but that the City Council does have the ability to place conditions on the permit if it is an allowed use. White asked how hospital zoning got put into a district like this originally. White commented that schools and churches historically were placed in residential areas. Gaffron stated hospital uses have been in the code since approximately 1968, and that the code has not changed significantly since that time. Murphy stated that is one of the issues that will have to be dealt with more specifically. Some of the words used in the code are outdated, such as sanitariums and rest homes. Murphy commented that the Emily Program is really not a hospital in the true sense of the word and that the City Council and Staff will need to look at the definitions in the code, which may mean that the City Council will need some additional time to address those issues. White asked if a hospital can come in here under an existing conditional use permit with the current zoning if the Emily Program vacates the building. Mattick stated the City's code reads hospitals for human care. Bremer noted the applicant has indicated there is a state moratorium on hospitals. • --1 Page 20 of 23