11-22-1993 Council Minutes - Laserfiche WebLink

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MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING • HELD NOVEMBER 22, 1993 ( #4) #1860 ZELMA WKINNEY, 3599 LIVINGSTON AVENUE - CONT. Hurr asked for clarification of the parking requirement. Mabusth stated the garage stalls could be counted as well as other designated parking spaces. Mabusth noted this property is not within 1000' of the shoreline, and if it were it would be allowed 35 % hardcover, so hardcover is not an issue. Lot coverage could be an issue but there is not any structure being added. Goetten asked about triggers that may have been in place for a conditional use permit in 1968. Mabusth confirmed there is more zoning review done today than in the past. Kelley asked if Goetten thought the interruption in rental in the late 1960's may not have an effect because the code changed in 1975. City Attorney Staunton explained that since the property was used as a duplex before the zoning code made it non - conforming, it could continue as duplex use. Mabusth added the code changed in 1962 so the use would have had to have been in existence in 1962 and continued through to present. City Attorney Staunton continued that according to the code in 1978, expansion of the bulk of the building would not have been allowed if a conditional use permit was in place. The City should probably not have allowed this expansion, • but it did. This still does not affect the use of the property. City Attorney Staunton explained the concepts of abandonment and discontinuance. Abandonment requires the intent to no longer use the property in the designated way as well as the discontinuance of the use. The Code talks about discontinuance for over 12 months. There is a presumption that if there is a discontinuance for longer than 12 months, there is intent to abandon the use unless there is evidence of no intent to abandon. If they were unable to rent the property for a time, that would not constitute abandonment. Hurr asked about the utilities. Mabusth confirmed they have two gas meters and one water meter. Sewer was installed in the early 1960's. Hun questioned if there should be two sewer assessments. Mabusth replied that staff has recommended that Council look at requiring the payment of another SAC and sewer assessment. Hurr questioned if the non - conforming use changed from two to three to two rental units if this wouldn't indicate a change of use. City Attorney Staunton confirmed the two - family use would not have changed even though there may have been an increase. The change would have to be to another use such as retail to qualify as a change in use. Hurr questioned if the code was clear on whether a change in density would constitute a change in use. Staunton responded that the code only states a "change in use". is 5