01-27-1997 Council Minutes - Laserfiche WebLink

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MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON JANUARY 27, 1997 (94 - #2195 Genmar Industries - Continued) • Jabbour indicated that the Planning Commission did not clarify hardships. Gaffron responded that the physical aspects were stipulated in the resolution findings. The property is said to not meet the 200' required depth. There are 3+ acres total including both the east and west properties. The code itself is clear on parking requirements. Gaffron indicated that the applicant's rationale regarding distinction of use of slips was not founded by the Planning Commission. The code calls for a 7 -stall variance. Gaffron reported that the property on the west is restricted by its topography. Parking would cause destruction to the bluff. This forces the parking to be provided on the east lot but the majority of the parking would occur in the 0 -75' setback. He reiterated that the requirement of 10 additional stalls would contribute to the hardcover by approximately 1800 s.f in the 0 -75' setback. The 3 -stall requirement would reduce hardcover. Gaffron said the code shows the need for the property owner to be responsible for traffic management and safety. The neighbors are concerned with traffic congestion. The marina has been in conformance with the parking requirement in the past, however, and presently, other marinas are known to be non - conforming. Gaffron clarified the number of stalls necessary for Kelley. With l l 1 slips and the current 68 stalls, 11 additional parking stalls are required to handled the 8 slips for sales and 3 for employees use. Jabbour explained that the City is interested in limiting any parking on the west lot due to the topography. There is shown the ability to have increased parking on the east lot and enough hardships to warrant consideration of the request. Jabbour indicated that the • property owner has the right to use the existing building. Although future Councils cannot be bound by decisions made today, Jabbour said it was important for the applicant to understand that the same logic used today to increase the property's usage cannot be used in the future for any further expansion. McConnell informed Jabbour that the applicant would be willing to withdraw Application 42196 if approval was granted for the improvements on the east property. Jabbour indicated the need to show on the record the history of what is occurring on the properties. Jabbour noted the justifications for allowing approval of the application with the ability to use the existing building, a decrease in hardcover, a smaller replacement building, and the need to not impact the bluff area to the west.. Council inquired about winter use. Gaffron reported that the operating aspects of the business will be formalized in the conclusions of the resolution. Item #5, page 12 of 15 of the resolution, notes there will be no winter operations with storage limited to use by the employees. The number of 5 boats is given. Jabbour responded that it was his opinion that the City should not restrict the winter use as it is an allowable use under the code. He found it to be a philosophical issue of where people would like to store their boats and what is reasonable. Jabbour said, although the use is not being considered today under the current lease, it is a permitted use. He does not believe that the City should take what is an appropriate use and make it unallowable and feels it is the prerogative of the property owner to make that decision. Goetten agreed with Jabbour. Peterson also agreed noting the lot has been full of boats being storage in the past. 10 4