10-11-1977 Council Minutes - Laserfiche WebLink

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REGULAR M�ETING OF THE ORONO COLTNCIL, OCTOBER 11, 1977 Page 23 t4r. Alan Olson, Assistant Building & Zoning VARIANCE Administrator, entered into the record the 1985 Fagerness Point Rd. �llowing information concerning a variance #322 equest of Steven Alexander, 1985 Fagerness Steven Alexander Point Road, dated October 5, 1977, which states: Staff is presenting his application directly before Council to illustrate a situation that has developed over the last few years. The problem is one of ordinance interpretation. This particular request is to permit the enlarging of an existing attic dormer to provide a habitable second floor over half of an existing dwelling. No setback or height variances are required. There is no change in existing hardcover. All neighbors on the certified list have signed approval of the plans. Similar applications have been processed numerous times as lot area and width variances. All, in my menory, have been approved. My request is to clarify the intent of the code concerning non-confonning uses and substandard situations. 31. 100 & 31. 109 regulate non-conforming uses and require conditional use permits for expansion of same. This is then clarified by: �. 110. Apply to "Uses" only. The non-conforming use provisions of the zoning code apply only to the uses to which land and buildings are put, and do not apply to situations where location or height of structures, lot size or other factors not involving the use of the premises prevent strict conformance with the requirerlents of the zoning code. Where, however, such a situation (I read this as "use situation") existed legally under the prior applicable law, the Council will not unreasonably require strict compliance and will generally look with favor on granting of a variance under 32. 300ff. And farther along, we have section: 31. 410. Reduction Prohihited. No yard or other open space shall be reduced in area or dimensions so as to make such yard or other open space less than the minimum required by the Zoning Code and if the existing yard or other open space as existing is less than the minimum required, it shall not be further reduced. �-� the interest of clarifying policy, and in the , _ �ocess reducing delays for applicants and time spent by Council, Commission and staff on these situations, I advance the following interpretation of the code intent: (Continued)