11-08-2010 Council Minutes - Laserfiche WebLink

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• MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 8, 2010 7:00 o'clock p.m. (10. #10 -3483 CITY OF ORONO —ZONING AMENDMENT— COL UMBARIUM, Continued) Curtis indicated that is correct. , McMillan asked what the reasoning was for changing that. Curtis stated Staff's interpretation of the discussion at the last City Council meeting was that the at -grade or below grade gardens did not rise to the level of screening as an above ground structure. Mattick indicated Staff looked at approximately 10 other communities and that those communities do not specify columbaria. They basically define cemeteries as a use and columbaria are considered part of that definition and would require typical structural setbacks. It was Staff's understanding that the City Council wanted something more specific to columbaria and they have drafted the ordinance accordingly. Mattick stated they have included a height limitation of eight feet. The eight foot height limitation was taken from the City's non - encroachment portion of the ordinance. Mattick noted that monuments are limited to eight feet. If eight feet is not sufficient, that can be changed. Mattick stated the final change was the differentiation between below or at grade columbarium versus the above ground. Staff decided that above or below ground should require a 5 -foot setback and the screening requirement for below ground columbarium has also been eliminated. • Franchot asked whether the screening requirement.would apply to all columbaria. U Mattick stated the screening would apply to all above ground columbaria and that the City Council could require screening through its conditional use permit process for at -grade or below grade columbaria if they deem it appropriate. Franchot commented he would like the ability to require screening if the conditions warrant it. McMillan stated in her view the 50 -foot setback from residential structures should be maintained for both in ground and above ground columbaria since there will be memorial services and visitors to the site. Mattick noted the language reads: "Columbaria, provided that all portions of columbaria located at or above ground shall be located at least five feet from any adjacent property line," and suggested that the language contained in letter B be inserted into (18), which would then result in only four criteria in that section. Mattick noted the ordinance requires the same conditions for each zoning district. Franchot moved, Murphy seconded, to adopt ORDINANCE NO. 79, Third Series, An Ordinance Amending the Orono City Code to Provide for Columbaria in Residential Districts R -1A, R -1B, LR- 1A, LR -1B, LR- 1C,.LR -1C01, RR -1A, RR -1B, RR -111-1, with the language contained on Page 1, Item (18) (b) being moved into the section under (18) following the first sentence, with the understanding that the requirement of a 5- foot setback from any adjacent lot line and a 50 -foot setback from any principal residential structure would remain as requirements for all columbaria. VOTE: Ayes 4, Nays 0, Bremer Abstained. Page 9 of 13