06-30-1980 Council Minutes - Laserfiche WebLink

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, ', , REGULAR MEETING OF THE ORONO COUNCIL, JUNE 30 , 1980 Page 7 Alan Olson, City Planner, prepared a memo for the VARIANCE City Council concerning the variance request of 1856 Shadywood Road Milton Seifert, 1856 Shadywood Road, dated June 16 , #548 1980 , which states: Milton Seifert As discussed by the Council at the last meeting, this case involves a request for a hardcover variance , and interpretation of the non-conforming use sections of the zoning code . The zone is LR-1C, 1/2 acre, 100 ft. width . The property is 0 . 507 acre in area and 80 ft. in width. There is one principal dwelling and three rental dwellings on the lot; net density 7 . 89 units per acre. The first question is whether or not the multiple c�wellings are legal or illegal non-conforming uses. According to Mr. Seifert ' s attorney, the four dwellings were built and have been occupied since before 1949 . The first zoning in 1950 established the area as a "residential" district but did not limit the use to "single family" residential. The 1967 ordinance established the R-1D single family residential half- acre district. This multiple-family use , therefore , became non-conforming as of September 14 , 1967. 32 . 250 Occupancy Certificate Required for Non-Conforming Use Application for such occupancy certificate for all lawful non-conforming uses or buildings created by the adoption of the Zoning Code shall be filed with the Zoning Administrator by the owner or lessee by September 14 , 1968 . The Zoning Administrator shall approve a certificate of occupancy for a non-conforming use . Failure to apply for such occupancy certificate shall be prima facie evidence that such non- conforming use was either illegal or did not lawfully exist on September 14 , 1967 (the effective date of the Zoning Code. ) In 1974 , the district designation changed to LR-1C, but all use and performance standards remained the same as in 1967 . Section 32 . 250 was revised only insofar as the date was concerned, allowing application until January l, � 1976 for uses becoming non-conforming as of January l , 1975. The City has no record of Mr. Seifert applying for an occupancy certificate at either time. The City does have such certificates on file from other uses which became non-conforming in 1967. The second question is whether or not expansion of the principal building constitutes expansion of a non-conforming use. Section 31 . 109 specifically says "Alterations may be made to a building containing lawful non-conforming resi�dential units when they will improve the livabili.ty thereof, provided they will not increase the number of dwelling units or the bulk of the building" . The request is to increase the bulk of one of the buildings, and, in fact, increases the total bulk of the dwellings on the property, unless one or more of the other dwellings are removed. (Continued)