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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 12, 2013 7:00 o’clock p.m. _____________________________________________________________________________________ Page 18 of 37 (6. #13-3606 LUKE KUJAWA O YOUR BOAT CLUB, 1444 SHORELINE DRIVE – CONDITIONAL USE PERMIT AMENDMENT, Continued) Bremer requested Staff address what is still outstanding and needs to be addressed. McMillan asked if there was new information submitted tonight. Gaffron indicated there are a few things that are new tonight. Staff has known about the parking management company and the information presented tonight is similar to what is included in the packet. Staff has not had an opportunity to review the liability insurance certificates but is a minor issue. Gaffron stated in his view it is important to discuss the fueling situation and that he just found out today that there is a September 15 expiration of the temporary approval. Gaffron stated if the Council is willing to extend that through the end of the season, he would be fine with that. Gaffron noted the house at 1440 has been discussed with the applicant previously and that if the applicant is able to purchase the marina, a wholesale revamping of the layout of the site would go a long way towards resolving things. Gaffron commented he understands the chicken and egg issue, but at the same time the City needs some commitment that that is going to happen since a conditional use permit is permanent and goes with the property. Gaffron stated to go from 20 to 30 boat club users may or may not have an impact on the parking but it is a fact that the City Code allows boat rental as a permitted use in the B2 District. Gaffron indicated the prior discussions a couple of years ago regarding the difference between a boat club use and a boat rental showed that the difference is nebulous. Gaffron noted the City Council at that time did not choose to require a greater level of parking for the boat club. If there is a difference, it is how often a boat club boat goes out and the same thing could happen with a boat rental business. (Recess taken from 9:00 p.m. to 9:08 p.m.) McMillan asked Mr. Gaffron to clarify the difference between denial and tabling an application. Gaffron indicated a conditional use permit process is similar to a variance process. Under a variance application that is formally denied by the Council, the applicant cannot reapply for six months. Gaffron indicated he would have to look at the code to see if that applies to a CUP. Gaffron stated at this point in the process, the applicant has provided the City with one extension and the second extension expires on August 17. The applicant has been asked to make another extension through October. Gaffron noted the City Council does have the ability to continue the discussion up through October 16 and they are not bound to make a decision immediately. Gaffron stated from the perspective of what the additional time would allow Staff would then have an opportunity to really review the information that has been provided. The current parking layout was not to scale and Staff has no basis to look at it and attempt to compare it to what is contained in the code. Item #02 - CC Agenda - 08/26/2013 Approval of Council Minutes 08/12/2013 [Page 18 of 37]