02-10-2014 Council Minutes - Laserfiche WebLink

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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 10, 2014 7:00 o’clock p.m. _____________________________________________________________________________________ Page 17 of 30 (9. #14-3647 EOF INVESTMENTS, LLC, D/B/A YOUR BOAT CLUB, LLC – 1444 SHORELINE DRIVE – COMMERCIAL SITE PLAN REVIEW FOR UNDERGROUND FUEL STORAGE TANK INSTALLATION, Continued) 11. Conforms to all requirements of this chapter unless a variance has been granted. All pertinent setback requirements will be met with the proposed tank location. Gaffron noted that Tax Parcels 0005, 0006, and 0007 will have to be combined in order for the tank to meet the north side setback requirement and for the entire fueling system to be on the same tax parcel. Staff believes an easement over the third lot may be acceptable. 12. Incorporates efforts to conserve energy whenever practical. It is anticipated the use of a 2,000 gallon tank will reduce the interval between tank refills. The applicant had been using a 500 gallon tank. Gaffron noted the applicants are working on a revised site plan at this time with regards to use of the two Residentially zoned properties for parking, site circulation, vehicle access to County Road 15, stormwater management, buffering to adjoining residential neighbor, etc. A future request for rezoning of these two properties is a possibility. Gaffron noted the applicants are also working with the LMCD to resolve a location issue with the dock system on Tanager Lake. In addition, the applicants are investigating and have stated their intent to comply with the NPDES permit requirements. Gaffron noted at the January 21 public hearing held during the Planning Commission meeting, three neighboring property owners commented on the application. Matt Johnson of 1432 Shoreline Drive indicated his desire that there be a complete master plan for the marina properties prior to approving the gas tank installation. Rich Anderson, owner of the adjacent marina at 1449 Shoreline Drive, indicated he has no objection to the gas tank but suggested a setback variance be granted to allow it closer to the road which would place it on slightly higher ground. Rich Anderson also did not agree with the suggestion that the residential lots be combined with the commercial properties. David Feldshon of 1420 Shoreline Drive indicated he was concerned about how an underground tank might affect his well water. Gaffron noted the Planning Commission recommended approval of the fuel storage system on a vote of 5-0 subject to a number of conditions. Those conditions include the following: 1 Combination of the southerly two tax parcels and confirmation or establishment of an easement over 0005 for the gas line leading to the dock. 2. The following information regarding feasibility of the proposed design to be completed prior to review by the City Council. The applicants are to provide sufficient data 3. If there is a reduction in flood storage, prior to issuance of tank installation permit, obtain appropriate MCWD permits. 4. Prior to issuance of installation permit, provide a copy of LMCD gas dock approval/permit.