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• <br />MINUTES OF THE ORONO PLANNING COMMISSION <br />MEETING HELD ON NOVEMBER 17, 1997 <br />( #7 - #2314 John Bessesen - Continued) <br />Jabbour indicated that this would require a 4 /5th majority vote by Council and could not <br />be reviewed until December 8 when a full Council would be in attendance. <br />Stoddard moved, McMillan seconded, to approve Application #2314 for construction of a <br />duplex amending this single lot zoning to include duplex credit approvals for construction <br />within 250' from B -3 building due to its legal non - conforming use. <br />McMillan questioned whether the property was more than 250' from the B -3 zoning. <br />The number of docks (3) and their length (25') were noted. They are located adjacent to <br />the neighboring property and allows people to walk across the outlot. Stoddard noted that <br />the motion would allow the applicant and Staff to see what can be done before review at <br />the 12/8 Council meeting. McMillan noted that LMCD approval would be required for <br />moving the docks. <br />It was noted that the language as it currently exists in the ordinance needs to be narrowed <br />and limited to the B -3. <br />Stoddard said there may be no need for an amendment as he feels the distance is less than <br />previously thought. <br />Stoddard amended his motion to eliminate the existing language in the code regarding <br />duplex credit. McMillan seconded the amendment to the motion. <br />Lindquist questioned how the Commission could get duplex zoning back in place with <br />this motion. It would require Comprehensive Plan review and changes made. <br />Lindquist said the motion would allow this application to go forward but additional work <br />would be required. <br />Hawn questioned whether the motion could legally be done noting the current rights of <br />the property owners. Van Zomeren said the public notice posted would serve as notice <br />for this motion. <br />The motion was separated into two motions. <br />The motion read: to approve Application #2314 for construction of a duplex and amend <br />the single lot zoning to include the duplex credit approval for construction within 250' of <br />the B -3 zoning district due to its legal non - conforming use. Vote: Ayes 3, McMillan, <br />Stoddard, Berg; Nays 2, Lindquist, Hawn. Motion passed. <br />15 <br />