05-26-1998 Council Minutes - Laserfiche WebLink

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0 ORONO CITY COUNCIL MEETING MINUTES FOR MAY 26, 1998 ( #21) Woodhill Golf Course Alternate Access - continued Assuming the road was legal at one time, by closing it, even voluntarily, the Club lost its legal status to the road. The code states that once a non - conforming use is discontinued, legal rights are lost. Any use thereafter would have to be in conformance with the current zoning code. Orono's Comprehensive Plan protects residential areas in not allowing commercial traffic to go through residential areas. - Orono ordinances require issuance of a driveway curb cut permit. Only one access for business development is allowed unless approved by Council. No part of any driveway shall be constructed within 100' of a corner in a residential district. Code doesn't provide for variances. Malkerson referred to his letter of May 26 and highlighted the following points: Woodhill Country Club has taken the position that it is not a business and is therefore not subject to the driveway regulations. Malkerson stated the Club is a business as defined by the Zoning Code. The Club closed the access to Woodhill Avenue and therefore abandoned the road. • A traffic report done by James Benshoof, an expert in the field, concluded that the Woodhill Avenue access should not be open on a temporary or permanent basis. The Club's use of Woodhill Avenue would be unsafe and there is no demonstrated • need to use Woodhill Avenue. Malkerson stated there were other ways to address the traffic issues. There would be a few golfers who actually have to wait during rush hour. By adjusting their times, they could avoid some of the problems. A report done by a residential appraiser with 20 years of experience indicates that a temporary or permanent opening of the access will have an adverse affect on the property values along Woodhill Avenue and Orono Orchard Road. Malkerson summarized that the issue seemed to be a question of convenience for a few members. He felt people could adjust to avoid rush hour which would be better than opening the road. It would also set an adverse precedent for taking a non - confirming use that has lost all legality to become legal. If Council approves a temporary access, he would like to suggest conditions. Jabbour commented that the Woodhill Country Club has been good for the community. Jane Delaney, 1315 Woodhill Avenue, canvassed the neighborhood including Orono Orchard Road and connecting roads, and submitted a petition opposing the opening of an access from the County Club to Woodhill Avenue. 19