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� <br /> ORONO COUNCIL NIEETING HELD JANUARY 24 , 1977 Page 3 <br /> � <br /> S Massengale moved, Butler seconded, to adopt RESOLUTION #746 <br /> Resolution #746 , a resolution for a lot rearrange- 1045 West Ferndale Roa <br /> � ment for Henry Skarp, 1045 West Ferndale Road, (Continued) <br /> per the Planning Commission P�inutes of January 17, <br /> � 1977. Motion, Ayes (5) - Nays (0) . <br /> � Henry P�uhich, Building & Zoning Administrator, CONDITIONAL USE PERMIT <br /> � stated that the current status and effects on 3445 Bayside Road <br /> the community through continuation of all #201 <br /> � previous uses for the Stubbs Bay biarina, JaMes James McCleary <br /> • McCleary, 3445 Bayside Road, are as follows: <br /> • l. This property is zoned B-2 Lakeshore Com- <br /> mercial. <br /> � 2. Permitted uses in B-2 zone do not include <br /> restaurant operation. <br /> � 3. Conditional uses in B-2 zone do not include <br /> restaurant operation. <br /> � 4. Previous food service operation was a non- <br /> • conforming use which was started before our <br /> latest zoning ordinances went into effect. <br /> � S. Soup and sandwich operation was permitted by <br /> conditional use permit as a further restriction <br /> � of the legal non-conforriing use for food services. <br /> 6. November 16 , 1976 , fire destroyed part of <br /> � building occupied by restaurant. <br /> 7. Tax records on file show value of structure <br /> � at $2, 600. <br /> � 8. Restoring non-conforming use is not permitted <br /> in Orono if damage exceeds 750 of recorded <br /> � value. State Building Code specifies 50% <br /> value added as a figure in determining a new <br /> � structure. <br /> 9. t�ith the tax records showing a value of $2 , 600, <br /> � any addition or restoration �xceeding a value <br /> • of $1, 950 would constitute a new proposal <br /> even by local standa�rds. <br /> � 10. The request to continue this restaurant operation <br /> here is, therefore, not permitted by code either <br /> � as a permitted or conditional use. <br /> 11. Owner could pursue continuation of operation <br /> � by alternate methods: <br /> a. Rezoning <br /> � b. Ar,tending Zoning Code <br /> � 12. Following problems could result from establishing <br /> food service as a permitted use: <br /> � a. Similar applications in this area and others <br /> would increase hardcover. <br /> � b. Possibility of expanc�ing use of adjoining <br /> properties for multiple dwellings. <br /> � c. Expanded operation would require improving <br /> • corridors - highways and access to them <br /> � (wider and more hardcover) . <br /> d. Improved corridors result in nore use and <br /> riore police services for safety purposes. <br /> � e. Expanded use resulting from rezoning could <br /> set a precedence for similar requests in <br /> � areas continuing along County Road #84. (Continued) <br /> s <br />