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MINUTES OF THE <br /> ORONO CITY COUNCIL MEETING <br /> Monday,May 14,2018 <br /> 7:00 o'clock p.m. <br /> 23. RENTAL LICENSE 1440-1442 SHORELINE DRIVE—Continued <br /> Mattick noted the City cannot re-require something but that they can enforce the original terms. Mattick <br /> noted what is before the City Council tonight are the two rentals but that what they are talking about right <br /> now is the business. Mattick stated the Council could look at enforcing the parking. <br /> Walsh stated that is what the Council is saying. <br /> Mattick stated the Council needs to be careful about mixing the two issues,and that before the City <br /> Council tonight is the rental license application. <br /> Johnson stated he wants the record to accurately depict what is really going on and that the marina has a <br /> very specific parking requirement and they are all related to something. If they use four parking spots for <br /> a rental,they will lose some parking spaces for the business and the number of boat slips should be <br /> reduced. <br /> Johnson noted the next paragraph of the resolution states that in 201 l,Your Boat Club received a <br /> conditional use permit. The conditional use permit confirmed the number of spaces required was 70 stalls <br /> and the number available was 81. Johnson noted what the conditional use said was that there was a <br /> potential for that many and that the City did not investigate it because the City Council determined there <br /> was not a requirement for additional parking for the boat club. According to the minutes, after some <br /> discussion,the City Council made the decision that they will not require additional parking spaces just <br /> because there was a boat club. Johnson stated when they are saying in the document that the City Council <br /> confirmed,that is actually not what it says in the conditional use permit because it says potential,which <br /> means the parking was not confirmed. <br /> Johnson noted further down in the paragraph it says that they ultimately need 74 spaces and the spaces <br /> identified in the 1989 and 2011 conditional use permits show they have more than that. Johnson noted <br /> when you go to the 1989 variance and not the conditional use permit,under Item A it says that they have <br /> 73 stalls. Johnson stated there were not parking spaces in excess of 74 because there were only 73,which <br /> means there is not enough parking to allow for both residences to be rented out under Orono's rental <br /> clause. <br /> Johnson stated in the 1989 application, it says that they are being provided a variance of four stalls <br /> because they fell four stalls short at the time and did not have enough then. The next paragraph says, <br /> there is no modification to an existing conditional use permit proposed that the City may not initiate an <br /> amendment to the conditional use permit. Johnson asked what it takes or what has to occur to initiate an <br /> amendment to a conditional use permit. <br /> Mattick stated it is issued to the land and that a change in zoning cannot initiate an amendment to the <br /> conditional use permit. If violations occur to the conditional use permit,the City Council can initiate to <br /> revoke the conditional use permit. <br /> Johnson stated whether it would constitute a violation of the conditional use permit if the City Council <br /> finds out that the boat club can only have 20 boats but they are actually advertising 24. <br /> Mattick stated the advertisement by itself cannot but the filling of 24 stalls possibly would. <br /> Page 11 of 16 <br />