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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 23, 2010 7:00 o’clock p.m. _____________________________________________________________________________________ Page 2 of 18 PLANNING DEPARTMENT REPORT *4. #10-3477 JOHN ROEDEL, 4725 NORTH SHORE DRIVE – VARIANCE – DENIAL RESOLUTION NO. 5955 Franchot moved, McMillan seconded, to adopt RESOLUTION NO. 5955, a Resolution Denying a Variance from Municipal Zoning Code Section 78-1288, for the property located at 4725 North Shore Drive. VOTE: Ayes 4, Nays 0. 5. #10-3483 CITY OF ORONO – AMENDMENT TO RESIDENTIAL ZONING DISTRICTS TO ALLOW INTERNMENT OF CREMATED REMAINS AS AN ACCESSORY USE TO PLACES OF WORSHIP – REQUEST FOR DIRECTION Curtis stated this zoning code text amendment would address inurnment or burial of cremated remains at places of worship in residential zoning districts by: 1. Allowing indoor columbaria as an accessory use to a place of worship; 2. Allowing outdoor columbaria, ground niches, and direct earth burial with or without an urn that is accessory to a place of worship with a conditional use permit. At its August meeting, the Planning Commission voted 5-0 to recommend approval of the zoning code text amendment to allow inurnment or burial of cremated remains at places of worship in residential zoning districts. The Planning Commission recommended that the conditional use permit take into consideration appropriate setbacks, buffers, and a provision addressing the possibility that the property is no longer a place of worship. Following the Planning Commission meeting, the City Attorney has indicated that columbaria must be treated no differently than any other nonconforming structure. Absent adopting an Interim Use Permit process, there is no method for requiring the removal of columbarium once the use changes. Before the Planning Commission made its recommendation, Staff had advised the Commission that it was not necessary to establish setbacks in the code but they could be determined on a case-by-case basis depending on the adjacent land use. Subsequently the City Attorney has advised that setbacks should be established to avoid arbitrariness. Currently places of worship have a 50-foot building setback. Staff would propose the following minimum setbacks: 1. To provide for screening and separation from adjacent uses, a 10-foot setback from adjacent property for any part of the columbaria area other than landscaping or a fence/wall (without niches) of the height otherwise allowed. 2. Structures six feet high or less would be allowed within the remainder of the 50-foot setback. 3. A 50-foot setback for a structure over six feet or a columbarium building. Item #02 - CC Agenda - 09/13/2010 Approval of Council Minutes 08/23/2010 [Page 2 of 18]