02-14-2011 Council Minutes - Laserfiche WebLink

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AH NUTES OF THE ORONO CITY COUNCIL Monday, February 14, 2011 7:00 o'clock p.m. (8. BARRY TANNER, 3435 SHORELINE DRIVE — APPEAL OF ADMINISTRATIVE DECISION, Continued) The recently issued sign permits utilize all of the available 40 days for 2011. Mr. Tanner requested a variance be granted to allow additional days for the display of temporary signage. Staff denied this request based on the limitation within the code. On January 19, 2011, the City received an appeal of the Staff decision to allow additional signage days. Staff recommends that Council deny the appeal for additional signage days. Mr. Tanner could explore an agreement with another tenant in.the building. Curtis noted that Mr. Tanner has brought some pictures of his temporary signage. Barry Tanner, Navarre Lanes, stated to his knowledge they have not had any complaints regarding their temporary signage: Navarre Lanes is located in the basement of the building and the temporary signage is necessary to direct patrons to their location. Due to current weather conditions, he is not able to construct the monument sign. Tanner stated if they were not allowed the signage, it would be a huge detriment to his.business. Bremer asked whether Mr. Tanner has discussed the possibility of using other tenants' temporary signage allotment. C, Tanner indicated he was not aware of that option until this evening and that he is requesting a 90 -day • extension. Franchot asked whether Staffs recommendation to deny is based on the variance issue. Curtis indicated it is. Franchot noted due to the Supreme Court ruling regarding variances, the Council is unable at this time to grant a variance. Mattick noted in order for the Council to grant a variance, they would need to make a finding that he would not have reasonable use of his property without the signage. McMillan asked whether this is a variance or a permitting issue. Mattick stated the idea was that he could not apply for a variance, but by asking to extend the 40 days, that would be considered a variance. Mr. Tanner could approach other tenants in the building to see if he could utilize their temporary signage days. The City Council will need to decide whether that is an acceptable approach, but Staff would require confirmation by the other tenants that that is acceptable to them. Bremer stated the Council is currently looking at different ways to deal with the Supreme Court ruling, which greatly limits the Council's ability to grant a variance. The Council does have the ability to allow him to utilize other tenants' temporary signage allotment. • Page 8 of 18