06/16/2008 Planning Commission Minutes

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MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,June 16,2008 6:00 o'clock p.m. Turner stated B-4 is business and office,including banks. Currently the rear 20 or 30 feet of the Englund's property is zoned residential and the rest of the property is akeady zoned B-4. Turner stated the rezoning would only affect the rear 20 or 30 feet of the property. Jeanne Englund asked if the fact that they have been residing there for the past 24 years is an exception to the zoning. Kroeger stated they were likely grandfathered in at the time the B-4 district was created. Paul Englund asked if the lot line would change. Kroeger stated the lot line itself would not change but the proposed rezoning would make the entire property B-4. Kroeger stated to his understanding if the property is sold,the grandfathering of the living unit would still apply. Jeanne Englund asked why there needs to be a change in the rezoning. Kroeger stated the rezoning is to clean up the zoning district lines to make them conform to property lines. Jeanne Englund asked whether their taxes would increase with the rezoning. Turner indicated this property has one tax classification and the rezoning should not affect that. Kroeger asked if the Englunds have any objections to the rezoning. Jeanne Englund indicated they do not have any objections but merely wanted clarification on some issues. Turner noted the City did receive a letter from Peter W.Johnson,Attorney-at-Law,which states the following: I represent the owners of the parcels referenced above,which are 2445 Shadywood Road, 2465 Shadywood Road, and the vacant property on Kelly Avenue. They are owned by the First National Bank of the Lakes and David J.DeLaney. His clients have not had the opportunity to review the proposed zoning with legal counsel and they are requesting that no final decisions be made until they have had reasonable opportunity to review the issues raised in more detail. The parcel presently occupied by the bank is of particular concern. The present use is an allowed use under B-3 zoning and the proposed zoning or the rezoning of the adjacent property is to the east. The bank parcel is not be adjacent to any residential parcels. The property directly across the street from the bank is zoned B-1. Given the proximity to the Shadywood/Shoreline Drive intersection and the zoning classification of adjacent parcels,the B-4 designation would be too restrictive." Kroeger noted the City Council would be malcing the final decision on this item and that the Planning Commission would merely be making a recommendation. Kroeger moved,Schwingler seconded,to recommend approval of Application#08-3368, City of Orono,Navarre,Rezoning. VOTE: Ayes 5,Nays 0. PAGE 4