Resolution 943 - Laserfiche WebLink

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A • Resolution No. Page 3 13. On November 15, 1976, the Orono. Planning Commission discussed this proposal in work session and were very concerned about the scale of the proposed development. 14. On November 16, 1976, a few hours after the Planning Commission meeting, a fire destroyed the existing marina buildings. 15. The market value of the buildings at the time of the fire was listed in the assessor's records as $2,000.00. The fire damage exceeded that amount and therefore according to the City's zoning ordinance and the State Building Code, the building was considered totally destroyed. 16. The old building had not met the zoning code performance standards regarding hardcover and setbacks. 17.* The prior restaurant and tavern use were nonconforming, • uses according to the zoning code. 18. According to the zoning code -and the building code, total loss of the building means that any reconstruction must meet all current requirements. 19. On December 6, 1976, the Planning Commission recommended denial of the McCleary application because it did not conform to then current requirements and because the fire cancelled any previous rights to continue the nonconforming use. 20. McCleary's 1977 marina license application was for 77 slips and 120 on -land boats (total 197), a 198% increase over the 1976 boat density.level and a 535% increase over the 1973 -level, despite the total loss of all marina structures,., 21. On January 24, 1977, the Council denied McClearyis proposed building plans as a nonconforming use and as not meeting the zoning code performance standards. 22. On February 17, 1977, McCleary made a new application for a revised 80 X 200 building plan.