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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 11, 2010 7:00 o’clock p.m. _____________________________________________________________________________________ Page 12 of 20 (7. #10-3483 CITY OF ORONO-ZONING AMENDMENT – COLUMBARIUMS , Continued) also show the topography of the site and the impact on the trees the project would have if it would have to be relocated. The inurnment garden is located at least five feet from any property zoned residential and would not be visible from the adjoining residence. Owen commented in his view some other verbiage would work and that perhaps the word zoned could be eliminated from the section regarding setbacks to read that this columbarium is located at least five feet from any adjacent property with a nonresidential use or that the columbarium is located at least five feet from any adjacent properties zoned residential having a nonresidential use or zoned nonresidential. Owen stated he does understand that variances are difficult to approve and that they would appreciate the City Council support. White noted they will need to table this application until Council Member McMillan is present given the fact that the ordinance change requires a super majority and Council Member Bremer will be abstaining. Greg Keller, 528 Aspen Circle, Delano, Good Shepherd, indicated he has attended all of the Planning Commission and City Council meetings regarding this issue. Keller pointed out the Planning Commission attempted to make a distinction between above-ground structures and ground level memorial gardens, which in his opinion is a bonafide distinction that should be made. Ground level memorial gardens will have very little impact on adjoining properties. The ordinance lumps above-ground columbaria and ground level gardens together. The word columbaria is derived from a Latin term for an above-ground structure with small compartments for housing doves, which is different than an in-grou nd structure. Keller stated the Supreme Court decision limits the City Council’s ability to grant variances and that he would recommend the City Council build in some flexibility on the front end. As an example, good drafting technique would dictate that the language not say “the setback shall be,” but rather not less than five feet or not less than ten feet. When this ordinance is reconsidered, Keller stated he would also suggest that all the setbacks for ground level memorial gardens be not less than five feet whether they are adjacent to a residential or commercial property regardless of the zoning. Keller pointed out that Good Shepherd is not guaranteed they will be given a 5-foot setback and that the City Council could require a different setback. Keller commented there is nothing bad about a 5-foot setback and that the City’s current zoning allows for signs to be set back five feet from property lines, entrance monuments to be set back five feet from property lines; and that boats and unoccupied trailers, terraces, steps, uncovered porches, stoops or similar structures are allowed to be set back two feet from any property line. Keller encouraged the City Council to look at the broader picture and visit some of the other sites in the area. St. Martin’s and Bethel Methodist memorial gardens have busy county roads. Good Shepherd could duplicate that atmosphere if they were trying to squeeze the garden in at the front of the building, which in their opinion would be a horrible location. Good Shepherd has a quiet, secluded area next to city land that will probably remain a city park longer than the Good Shepherd property will be a church. Keller noted the City’s comprehensive plan proposes that the adjoining land remain a city park. The proposed ordinance also does not address setbacks from roadways. Item #02 - CC Agenda - 10/25/2010 Approval of Council Minutes 10/11/2010 [Page 12 of 20]