04-14-1980 Council Minutes - Laserfiche WebLink

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R�GULAR MEETING OF THE ORONO COUNCIL, APRIL 14 , 1980 Page 8 If they are not, or if there are concerns about REZONING other commercial activity expansion, then there 1440 Shoreline Drive should be no rezoning. The applicant would then (Continued) live with the existing dock and buoy layout or with some rearrangement within the legal Dock Use Area. If the proposed docks are reasonable, then the property should be rezoned to define the proper Dock Use Area and to permit expansion and realign- ment of the dock structure. This option includes rezoning the entire parcel as recommended by the Planning Commission or rezoning of only that part affected by the proposed dock realignment: i, e. only the Browns Bay side of County Road 15. From . technical standpoint, after review of the site , �.he record history, the use history and the CoMpre:iensive Plan, your Planner cannot make a recommendation either for or against the proposal. On the one hand, the zoning record is clear and the use history is such that any vestiges of commercial use on any of the subject property are clearly non- conforming uses with no right to perpetuation. On the other hand, there is obviously local sentiment to permit Windward the dock reconstruction it desires. Moving=, the zoning at this time would not be contrary to the Comprehensive Plan. Most importantly, there is no physical demarcation point that clearly defines residential or commercial use in the area and the aesthetics are similar no matter which proposal is followed. Therefore, it seems to me to be a policy decision for the Council to,make without strong staff recom- mendation one way or the other. I do think the Council. s}:ould consider the following points: l. l:� ;ning is a very strong statement as to the �`:_ Zcil' s real intent for permanent use of the lai�3. This is especially important on Tanager Lake. If the area is to be considered residential, it should not be rezoned. 2. The option of a conditional use permit would seem to be unavailable because the necessary findings would be almost impossible to make. 3. Rezoning of any of the property would horizontally increase the LI�ZCD' s • definition of allowable dock use area. (Continued)