01-09-1984 Council Minues - Laserfiche WebLink

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REGOLAR MEETING OF THE ORONO COUNCIL, JANUARY 9 , 1984. PAGE 3 #798 NORTH SHORE DRIVE Larry Hork stated that the City is operating under a MARINA court order which directed the City to rezone his property to commercial and allowed full commercial use with no restrictions as to partial commercial use. Councilmember Grabek stated that the Council should consider rezoning with the stated restrictions . Bruce Douglas , Larry Hork' s attorney, stated that the Council should deal with the immediate problem of getting the building approved. Douglas stated that Hork needs that building now to meet his customers demands. Douglas stated that the Councilcould grant the building permit and simultaneously rezone Hork' s property. Mayor Butler moved, Councilmember Adams seconded , to direct staff to research the possibility of amending the conditional use permit to accommodate the expansion and for staff to address the feasibility of rezoning of Hork' s property and/or the adjoininq property to the west. Councilmember Frahm stated that the Council was advised by the City Attorney at the previous meeting that a conditional use permit cannot be legally be issued for expansion of a non-conforming use. The City could not grant the building permit which is what Mr. Hork wants . Councilmember Adams stated that staff should review the site plan to see if it_ conforms and that the zoning in question is being addressed with other properties . Mayor Butler withdrew motion. Councilmember Grabek moved, Mayor Butler seconded, to direct staff and City Attorney to find a solution to rezone Hork ' s property to its rightfully commercial B- 2 zoning and directs staff to facilitate a document that the Council can act on for the building permit. Councilmember Adams asked if Grabek was only considering B-2 or for staff to investigate some other type of zoning district . Councilmember Grabek stated that this property should be zoned just like all the other marinas and that if the City wants to have a more strict zoning district for Hork' s property that the City should consider that same strict zoning for all the other marinas so as not to be descriminating against Mr. Hork. Councilmember Grabek clarified hi_s motion stated that r�e directed staff and the attorney on how the Council can go about the rezoning to B-2 and how the Council can grant approval for the building permit in the form of a document so that the Council can take action.