04-14-1980 Council Minutes - Laserfiche WebLink

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�•�. . � RE�ULAR MEETING OF THE ORONO COUNCIL, APRIL 14 , 1980 Page 7 Planning Commission' s-Position - Please review the ' REZONING Planning Commission Minutes of March 3, 1980 and 1440 Shoreline Drive March �l7 , 1980 for background discussion and recom- (Continued) mendation. On March 17, 1980 , the Planning Commission was favoring a limited rezoning of the Browns Bay side only. On April 7, 1980 , the Planning Commission discussion centered on three options : l. Rezone the entire property as requested. 2. Rezone Browns Bay only per r'tarch 17 , 1980. 3. Retain the �xisting zoning but permit the new docks with a conditional use permit. This option would require a finding that the proposed docks were not a change of a non-conforming use (prohibited by 31.101) , were not rebuilding of any prior discontinued non-conforming use (prohibited by 31. 105) , and would not extend or intensify a non- conforming use (prohibited by 31. 108) . The Planning Commission was obviously influenced by the River' s strong appeal and the many letters from Orono residents supporting Windward P�arine , for they never once referred to the previous considerations of the P7arch 17th meeting. Steve Wilson could not accept the applicant' s suggestion of a "developer' s agreement" (meaning covenants) as a means of control. It could not afford the degree of permanence desired. Oberhause noted an open space easement filed with the property designating the necessary limits on commercial use of the property would give the required long term control. The Planning Commission agreed. Planning Commission Recommendations On April 7, 1980 , the Planning Commission recommended a complete rezoning as requested by Rivers but with three stipulations: . l. No increase in commercial building area 2. No increase in hardcover, including no increase in parking area 3. No increase in dock use area or number of slips on Tanager Lake. These controls were to be limited by an appropriate open space easement. Staff Recommendations This whole proposal boils down to the question of whether or not the proposed docks are a reasonable or acceptable use for the Lake and the property in the area. (Continued)