09-26-2016 Council Packet - Laserfiche WebLink

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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 12, 2016 7:00 o'clock p.m. 17. LEVEL II HOME OCCUPATION LICENSE, 4415 FOREST LAKE LANDING (continued) Schoenzeit stated in the case of a quiet residential neighborhood, the residents of the neighborhood have to take precedent, but if the events could take place without causing any disturbance to the neighborhood, then the City should grant the license. Schoenzeit stated the diesel bus that they use is not able to take the turn onto Forest Lake Landing and stay on the correct side of the road. When the bus does their drop-off, they have to back up slowly with the beep, beep, beep. Schoenzeit stated the bus arrives at dinnertime and leaves at bedtime. Schoenzeit stated while some of the neighbors might be empty nesters, it is important to the families with children. Schoenzeit noted criteria number five is whether traffic in any way will affect the adjacent neighboring properties, and the answer is yes. Schoenzeit stated this is a commercial use of a property that is zoned residential. Criteria number eight states no noise at the property line. Schoenzeit indicated the bus beeps and smells. With regard to criteria number 12, the business has to operate between 8 a.m. to 7 p.m. but these events go from 6:30 to 9:00 or 9:45. Schoenzeit noted a home business is also allowed five customers per day, with two at the same time. Schoenzeit stated this is eight times the limit and that the homes are close together. Schoenzeit stated in order to be a legitimate, by the book home occupation, someone needs to meet all 16 of these criteria, and if you do not meet those criteria, you apply for a Level II. Schoenzeit stated that there will be a minimum of 15 concerts, 40 customers, and it does not work. As a result, the neighbors circulated a petition and they called the police. The police, in turn, gave them a little plastic sign to slow the traffic down. Schoenzeit noted a while back in 2001, the neighbors attended a public hearing on October 22, 2001, for a more intense use down at the end of the street. The question would be, if someone besides the applicant was trying to open an intense home business of this type, what they would say. Schoenzeit noted in that situation, the Lines submitted a letter to the City about what this means to our quiet neighborhood, which was increased traffic, parking concerns and, most of all, safety concerns for the children in our area. Schoenzeit stated this was when the City was proposing to open the public landing at the end of the street where there might be two swimmers and a canoeist once a week. The Lines stated because there is no parking at the end of the street, this will not work. Schoenzeit commented now it appears to be okay with the Lines and that he is at a loss for the flip-flop. Schoenzeit stated if the Council thinks this is a great idea and approves it, they should question certain things. Schoenzeit stated the Council should know whether the building is sprinkled. Schoenzeit stated if this is going to be a brand new concert hall in Orono, the City will want to make sure that it is handicap accessible, with ADA bathrooms. Schoenzeit stated the City should want the building to be safe. Schoenzeit stated he is guessing that this residential house does not meet the codes. Schoenzeit stated the other concern is if this is allowed, what is there to stop anybody else with a big house from opening up their house as a commercial concert hall. Schoenzeit stated for the sake of the children, the neighbors, the petition against it, he would strongly request that the City Council deny this business license. McMillan closed the public hearing at 9:33 p.m. Page 21 of 34