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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 stated the two lots are correctly zoned for what they are requesting they be used for. Mattick <br /> stated while it does seem like a cross use, a decision was made to allow it in 2011. <br /> Walsh stated the City has to enforce the rules that are currently in place. Walsh stated he assumes the <br /> police department is aware of the issues,and if they are aware of them,they should be driving by, <br /> especially on the weekends,to make sure that the parking rules are enforced. Walsh commented it is not <br /> a safe area. <br /> Dankey commented it is also an inconvenience for people trying to get home because boats are backing <br /> out on the road. <br /> Matt Johnson, 1432 Shoreline Drive,noted item number two in Staff's report is background and <br /> summary, and Paragraph 2 it reads: In 1989, a conditional use permit was issued to the previous owners. <br /> Johnson stated he is presuming that what is attached as the exhibit is what Staff referenced from 1989. <br /> Barnhart indicated he attached the resolution and site plan. <br /> Johnson noted 2674 is the resolution number. The summary in Staff's report of the resolution calls it a <br /> conditional use permit,but when he looks at the document, it is actually a variance application. Johnson <br /> indicated he has had this conversation before witb Staff,but that this is some of the ongoing <br /> misunderstanding that he continues to have. Johnson asked how this constitutes a conditional use permit <br /> versus a variance application for a B2 zoning district that is approved to have a marina and where they <br /> were obtaining variances for setbacks,hardcover,and parking because they did not have the required <br /> parking with the necessary screening. Johnson noted it is now being called a conditional use permit and <br /> he would like to know what it is. <br /> Barnhart indicated there were a number of requests in 1989 and in 2011 and that a copy of the resolution <br /> and site plan was provided to the City Council for their review tonight. Barnhart stated he does not see a <br /> conditional use permit in the paperwork that was provided to the City Council and that he was trying to <br /> recreate the history and provide the information that is pertinent to the site plan. Barnhart stated the 2011 <br /> document is the most recent conditional use permit and is the one where the analysis of the parking was <br /> done. Barnhart stated to his understanding there is actually a conditional use permit predating 1989. <br /> Crosby asked if conditional use permits automatically go from business to business. <br /> Barnhart indicated they stay with the property. <br /> Mattick noted the approvals given in 1989 and 2011 stay with the property regardless if the property is <br /> sold and a variance is a demonstration that there is a hardship and runs with the land. <br /> Barnhart stated he provided the 1989 site plan because there was not a good site plan from 2011. <br /> Johnson stated there is some confusion between the conditional use permit and variance because the <br /> enforcement is different. Johnson noted the City approved a conditional use permit with respect to the <br /> boat club only and not the whole marina. The conditional use permit is specific to the boat club and <br /> Page 9 of 16 <br />