11-17-1997 Planning Commission Minutes

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• MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON NOVEMBER 17, 1997 ( #7 - #2314 John Bessesen - Continued) Van Zomeren said the existing townhomes and this site could be rezoned and the density changed by text amendment using 400' or less. She noted she is not particularly in favor of using a distance measurement. She would prefer to eliminate the duplex credit as it currently exists. Jabbour informed the Commission how the duplex credit was established with the Shoreland Ordinance in the early 1990's. He noted there would be two PUDs for consideration in the near future. Jabbour thought the areas could be changed and the application done as a PUD. Van Zomeren said because the property does not quality for a conditional use permit, she does not believe it meets the acreage requirement for PUD. Van Zomeren indicated that the Planning Commission could consider recommending that the legal non - conforming use be re- established as a use on a lot of record if it met all other requirements; that would require amending a different section of the Zoning Code relating to non - conforming uses. The extend of the impact for this method is not known. Hawn asked what would take longer, the 400' text amendment or determining location for duplexes. Van Zomeren said the problem is textually amending the ordinance, which has the effect of a spot zoning. She is reluctant to do that at this time because the Comprehensive Plan is due to be revised before the end of 1998. Stoddard noted the neighbors comments that were made regarding the legal non- conforming use, zoning for the neighborhood, and the blighted site. He felt the outcome is dependent on the applicant. He suggested the applicant speak with the neighbors regarding changing the outlot and then construct a single family home, which he felt would be the best solution for both the City and the neighborhood. However, Stoddard said the issue before the Commission is to determine if a duplex would fit in with the neighborhood. Stoddard moved, Lindquist seconded, to approve Application #2314 approving a duplex at that address due to the existing legal non - conforming use and change the zoning to establish the legal use provided no other variances are required on the construction. Lindquist questioned whether this can be done. Van Zomeren said it would be an amendment to another section of the zoning code but there is no language to that effect. She indicated this cannot be drafted without renotifying the public. Van Zomeren said a text amendment can be broadly done. This motion would require the application to be reviewed again in January. Van Zomeren cited the ordinance sections suggesting the text amendment be revised to apply only to the B3 District and the distance be reduced from 400' to 250'. Stoddard withdrew his motion. 14