06-12-1995 Council Packet - Laserfiche WebLink

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MINUTES OF THE ORONO PL.ANNING COMNOSSION ^ MEETING HELD ON NUY 18. 1995 ^ PUBLIC HEARING - ZONING CODE AMENTIMENT (Public Comment - Continued) S = X'=sr no more calls to shelters than any other place. Martha Williams 431 ^ North Shore Drive, asked what the dilemma was m making a r;s!dLial or commercial. WiiUams asked if ,h. problem was based or orecedeni sening, and saw the decision tonight on how to create the conditional uS pelt. Peterson said there are members of the public who feel a commerad is needed and anytime residential zonina is considered tor change to commercial, it is a J^c" sL.,on. I. was'rmied. and brought to Mr. Rood’s attennor, t^t many mwe of thf public have adamanemly asked that the property remain rwidential. W^ams said it it was not a dilemma, then why the difficulty in mi^ng the «le^|Siom Peterson brought up the issue of future use of the property if vicinity. TWs would open the property use to whatever it is zoned for. The City and the public are worried about future use. Williams asked if the applicant qualifies under residential zoning, what advantage is there to the appUcant for commercial zoning. Peterson said th^e was applied and the appUcant just wants the application to be approved under whatever zoning is necessary The applicant's concern is with the CUP. WiUiams asked who requested for the commercial zoning consideration^ Peterson sud if the property was left residential and the shelter was to disband at soitw fi^re « would still be zoned residential; and the Council, at that time, would deade on the u«. The mechanics would be in place to put a shelter within any resideirtial area meetmg the ordinance condiUons. The concern here is that this might not be what we want to do. If the area is zoned commercial, this would not happen. WilUams said then the concern was with precedent setting. Peterson and Rowlette confirmed this. Gaffi-on said there is a ditference between a City being able to grant a use variance and a performance standard variance. Under the current code, the City cannot ^ant a use variance to aUow a shelter in residential or commercial. But, if a residenti^ zone conditional use amendment with standards is adopted, then the City ^ re ^^ ® . now ^d in the future grant a variance to the adopted standards. Gaffron ^d the Cot^U is concerned with more shelters being in the many residential areas and may want to limit the number and location of similar-type uses. With o y areas in the City zoned B-4, there is only a very limited area in which a shelter cou g