04-14-1997 Council Minutes - Laserfiche WebLink

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MINUTES OF THE REGULAR ORONO CITY COUNCIL. MEETING HELD ON APRIL 14,1997 ( #8 Home Occupation Licenses - Continued) Greg Malek, the neighbor whose property is located to the rear of the applicant's, was present to voice his concerns. Goetten informed him while no action could be taken, Malek could voice his concerns. Malek said he originally owned the entire piece of property and sold the front property to the applicant. At that time, the Council requested the driveway be located to the west. Malek requested the driveway be located to the east to save a stand of trees. A letter from Malek, which is part of the record, asked for Malek and Kezar to share the cost of maintenance of the driveway. Malek said a letter from an engineer, also part of the record, indicates the driveway is constructed to handle automobile traffic only and not made for trucks. Malek said there are 3 -5 trucks in and out of the Kezar property weekly. He provided a list of license numbers of vehicles at the Kezar property. Malek said the driveway is not engineered to handle delivery trucks. Malek informed the Council that it is his belief that Kezar is in violation of the home occupation license. He asked that if the business is to continue that the driveway location be changed. Goetten informed him that no use variances are allowed by the code, and the code will have to be changed to allow outside employees. Goetten informed Malek that he will be notified when the application is back before the Council. Van Zomeren clarified that the code would require revision to allow the business to continue to operate. She indicated there is no notification process with home occupation licensing. She was directed by Council to include notification of adjacent property owners when considering amendments. Van Zomeren said if the code is limited . to licensing, an acknowledgment signature would be required. Van Zomeren said she would not make that recommendation for licensing. The driveway issue criteria would require review. Shared driveways should not be allowed with truck traffic as noted. Kelley asked what steps the City takes when a license is in violation. Van Zomeren indicated Oman inspected the property; although, he did not walk through the home. Kelley indicated there was nothing that can be done about the driveway issue at this point. Peterson noted she was involved in the particular subdivision and recalled the outlot being a requirement of the County for one access. Gappa indicated a new driveway and curb cut would require approval by the City. Kelley moved, Peterson seconded, to table the home occupation license application for Mitch Kezar to the April 28 Council Meeting. Staff was directed to act regarding the current violation. Vote: Ayes 3, Nays 0. (Mayor/Council Report after Agenda Item 912) Is 12