11-08-2010 Council Minutes - Laserfiche WebLink

Home Browse Search

MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 8, 2010 7:00 o'clock p.m. 11. #10 -3493 GOOD SHEPHERD CHURCH — REQUEST TO HOLD PUBLIC HEARING Curtis stated the Good Shepherd Lutheran Church has submitted an application for a conditional use permit in order to construct an in- ground inurnment garden on their property. The applicant chose to delay making an application until the draft ordinance appeared to be in fmal form in order to have an understanding of the anticipated conditions of approval. The proposed ordinance allowing columbarium has been tabled a number of times since it was introduced in August for changes. At this time the applicant is requesting that the City Council waive the review of the Planning Commission and hold the public hearing at the November 22 "d Council meeting. The Council may waive Planning Commission review with a unanimous vote. Waiving the public hearing would allow Good Shepherd to begin construction before the end of the year. In order to do this, Staff recommends approval of the applicant's request to waive the Planning Commission's public hearing and hold the public hearing to renew the CUP at the November 22 "d Council meeting. In anticipation of the Council's approval, the legal notice has been sent to the newspaper for publication. McMillan asked whether the 350 feet notice would still apply. Curtis stated all the public hearing requirements would be met but that the public hearing would take place at the City Council level rather than at the Planning Commission level. Curtis noted the words CUP renewal is a typographical error and that this is not a renewal. • McMillan asked whether this would create a precedent with people attempting to fast track applications at • the end of the year given the fact that there is no Planning Commission meeting in December. Curtis stated in her view this is a unique situation and that the City Council does have the ability to decline to hold the public hearing at the City Council level. Mattick stated in his opinion it would not create a binding precedent on the City Council and that City Code allows applicants to request the public hearing be held at the City Council level rather than at the Planning Commission level. Mattick stated the City Council is not bound to approve that request. McMillan commented she does not want applicants to routinely request that the public hearing be held at the City Council level. McMillan noted this application has been discussed a number of times in conjunction with the ordinance that was adopted earlier this evening, but that she wants to avoid a number of similar requests in the future. Franchot stated the decision to hold the public hearing at the City Council level is incumbent upon the City Council and that it would not be a precedent. Franchot noted the Planning Commission actually did look at the ordinance twice. Franchot asked whether this application would cause concern among the Planning Commission members. Leskinen indicated in her view it would not since the Planning Commission was involved in the discussion of the ordinance on a couple of occasions. Bremer noted she plans to abstain from voting on any substantive matters as it relates to Good Shepherd • Church, but that in her opinion this is more of a procedural matter and that she would be voting on it. Page 10 of 13