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MINUTES OF THE • ORONO CITY COUNCIL MEETING Monday,May 13,2013 7:00 o'clock p.m. *'7. 13-3600 ESKUCHE ASSOCIATES ON BEHALF OF KATHRYN KALLAS,3048 NORTH SHORE DRIVE—VARIANCE AND CONDITIONAL USE PERMIT—RESOLUTION NO. 6228 Anderson moved,Printup seconded,to adopt RESOLUTION NO. 6228,a Resolution Granting Variances to Municipal Zoning Code Section 78-78-1279(6)and 78-330,a Conditional Use Permit Pursuant to Municipal Zoning Code Section 78-966,for the property located at 3048 North Shore Drive. VOTE: Ayes 5,Nays 0. 8. #13-3596 CITY OF ORONO,ZONING STUDY—ACCESSORY USES AND STRUCTURES Gaffron stated Staff and the Planning Commission have been working on this study for the past four months. Council has had the past week to review the amendments. One of the key elements of the zoning study is the addition of a preamble to the permitted conditional and accessory uses. It is currently proposed as follows: "Within any district,no land or structure shall be used except for one or more of the following permitted accessory uses. The intent of this language is to make the list of allowed accessory uses finite and it makes it clear that only the listed uses are allowed. Because no listing of uses that are"customarily incidental"to a primary use can be e�chaustive, an additional"catchall use"appears at the end of the list for each zoning district. It reads as follows: "Other uses that are customarily incidental to, and subordinate to,the allowed permitted and conditional uses in this District." As it relates to Section 20 and the height of structures, a fifth option has been added as recommended by the Planning Commission. The options provide for various levels of regulation for increases in accessory structure height above the standard limit. In addition,three new definitions have been added: No. 1: Structure, accessory,means a building or other structure subordinate to and serving the principal use or structure on the same lot and exclusively used for purposes customarily incidental to the principal use or structure. No. 2: Use,Accessory, means a use subordinate to and serving the principal use or structure on the same lot and exclusively used for purposes customarily incidental to the principal use or structure. No. 3: Use, Secondary,means a use of land or a building or a portion which is subordinate to and does not constitute the primary use of the land or building. Gaffron noted the definition of Use, Principal,means the main use of land or buildings as distinguished from subordinate or accessory uses. A principal use may be either permitted or conditional. If Council chooses any of the options in which the initial extra 50 percent would be allowed without the need for a conditional use permit or variance, Staff would recommend that Council review the individual structures in the list and confirm that they would generally be acceptable at a height of 45 feet in a residential zone. Page 8 of 26