06/21/2004 Planning Commission Minutes

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MINUTES OF THE ORONO PLANNING COMMISSION MEETING MONDAY, JUNE 21, 2004 6:00 o'clock p.m. (6. #04-3024A City of Orono, Chapter 78-1431 Zoning Code Amendments, Public Hearing- continued) Chair Mabusth moved, Rahn seconded,to recommend approval of Application #04-3024A: Ordinance Revision Concerning Accessory Buildings and Structures on "Through Lots." VOTE: Ayes 7,Nays 0. 6. #04-3024B City of Orono, Chapter 78-1577 (C ) (2A), Zoning Code Amendments, Public Hearing (8:06-8:29 p.m.) Gaffron introduced the discussion of an amendment to the City Zoning Code related to the parking of commercial vehicles on residential property. Chapter 78-1577 (C) (2A)was last amended November 24, 2003 via Ordinance#4, Third Series. The City Council recently asked the Planning Commission to consider whether it may be appropriate to revise the 5-acre minimum lot size requirement for storage of large vehicles, under the "Exterior Storage in R Districts"ordinance. Gaffron related the suggested options from the City Council to make the ordinance less onerous for those properties with existing large vehicles stored on lots of less than five (5) acres: a. revising the code to allow such vehicles to be stored on lots of 2.0-4.99 acres in areas only if stored in a building; or b. granting a lot area variance for outside storage for pre-existing situations on a case by case basis; or c. "grandfathering" existing situations but not allowing new ones. Gaffron indicated staff was not in favor of the option to allow `grandfathering' of existing situations. Staff did not have a strong recommendation but encouraged the Planning Commission to discuss whether the code should be amended, and if so, recommend any appropriate conditions to be incorporated into the ordinance. Chair Mabusth invited public comments. Mrs. Jerry Timm, 2885 Co. Rd. 6, described their business practices of having their large dump truck parked for 6-7 months and when used, travels to and from the property two times/day. The truck is parked about 200' away from the Hagen property. She explained the dump truck is important to their livelihood. Chair Mabusth asked for information about the number of complaints received at the City regarding parking of commercial vehicles. Gaffron advised there were about 10-15 existing situations where building movers or landscape businesses, for example,park their large commercial vehicles on their properties. However, with more residential development moving closer to these properties, it was inevitable that complaints would arise. He explained the ordinance was not drafted with all situations in mind. Rahn asked for staff's opinion regarding the difference in a two-(2) acre requirement with screening rather than a five-(5) acre requirement. Gaffron replied that it is less likely a two-(2) acre property would meet requirements,but it could happen. Gaffron also raised the question about whether the question of parking a commercial vehicle in a residential district is a use variance as it is a performance standard consideration. Page 11 of 22