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MINUTES OF THE <br />ORONO PLANNING COMMISSION <br />Monday, July 15, 2019 <br />6:30 o’clock p.m. <br />_____________________________________________________________________________________ <br /> <br />Page 1 of 2 <br /> <br /> <br />9. LA19-000064 CITY OF ORONO, TEXT AMENDMENT, GARDENS AS PRINCIPAL <br />USE REGULATIONS, 9:08 P.M. – 9:11 P.M. <br /> <br />Barnhart stated current City Code allows gardens in many residential zoning districts. This amendment <br />was created to allow the development of a community garden on city-owned property. <br /> <br />No definition of garden has been included in the ordinance amendment. Since gardens are a permitted <br />principal use, a principal structure is not required and the allowed accessory uses include docks, sheds, <br />etc., which may defeat the purpose of the zoning district. <br /> <br />Staff has prepared an ordinance that strikes the reference to gardens as a principal use in eight of nine <br />residential zoning districts. In the zoning district that houses the community garden, Staff proposes <br />defining community garden and allowing community gardens while striking the general term of <br />“Garden”. Community gardens are allowed with a license. <br /> <br />The Planning Commission should discuss whether this change is appropriate. Without the alternative text <br />in the proposed amendment, the community garden could not be expanded or relocated. In these <br />situations, a variance is not a remedy as state statute does not permit “use” variances. <br /> <br />To date, no public comments have been received. <br /> <br />Staff recommends adoption of the ordinance as drafted. <br /> <br />The Planning Commission had no questions for Staff. <br /> <br />Chair Ressler opened the public hearing at 9:09 p.m. <br /> <br />There were no public comments regarding this application. <br /> <br />Chair Ressler closed the public hearing at 9:09 p.m. <br /> <br />Bollis asked if they are removing gardens as a use without a principal structure. <br /> <br />Barnhart stated they are. <br /> <br />Bollis asked if they are not defining garden at all. <br /> <br />Barnhart indicated they are not. <br /> <br />Bollis commented he is a little confused because it is not defined. <br /> <br />Barnhart stated the language removes gardens as a permitted use without a principal structure with the <br />exception of community gardens. The draft ordinance incorporates the use of community garden on city- <br />owned property and requires a license. <br /> <br />Thiesse moved, Gettman seconded, to recommend approval of Application No. LA19-000064, City <br />of Orono, Text Amendment, Gardens as a Principal Use Regulations. VOTE: Ayes 6, Nays 0.