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r <br />MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JULY 13, 1987 <br />#1133 BETTY MINER <br />3830 AND 3860 BAYSIDE ROAD <br />SUBDIVISION OF A LOT LINE REARRANGEMENT - CLASS I <br />RESOLUTION #2211 <br />Betty Miner and agent, Larry Langhans, were present for <br />this matter. <br />City Administrator Bernhardson explained the proposed <br />lot line rearrangement and staff's recommendation of <br />approval finding that the division and combination will <br />result in an improved building envelope noting that all <br />existing improvements and structures are located within <br />the newly defined lot. <br />It was moved by Councilmember Goetten, seconded by <br />Councilmember Sime, to adopt Resolution #2211 approving <br />the subdivision of a lot line rearrangement per staff <br />recommendation. Motion, Ayes 5, Nays 0. <br />#1143 DONALD WILDMAN <br />745 SPRING HILL ROAD <br />CONDITIONAL USE PERMIT <br />RESOLUTION #2212 <br />City Administrator Bernhardson explained the request for <br />a conditional use permit for a detached combination <br />guest house and 4 -stall garage; and variance for <br />accessory structure f loor area in excess of 1,000 s.f. <br />Planning Commission, after several unsuccessful motions, <br />finally voted 4 -2 to deny the application in order to <br />pass the application on to the Council. Staff <br />recommends approval as proposed finding hardships, as <br />stated in the drafted resolution of approval, to be <br />adequate in this case to justify the variances. <br />Don & Nina Wildman were present for this matter and <br />agreed with staff's drafted resolution of approval. <br />Councilmember Callahan asked the opinion of the City <br />Attorney regarding hardship standards in relation to <br />granting conditional use permits and variances. <br />City Attorney Blatz explained that a conditional use is <br />something that is set forth in the code that says you <br />can have this use but you have to meet certain <br />conditions. A permitted use carries the presumption <br />that the person has a right to that and the City would <br />have an unbelievable burden to prove that they really <br />did not meet that fact. There is nothing in the code <br />under conditional uses or permitted uses that would <br />allow this size of a structure without asking for a <br />variance. When variances are involved, at this point a <br />hardship is required. This is a legislative decision, <br />it's whether or not the Council finds hardship exists. <br />10 <br />