06-30-1980 Council Minutes - Laserfiche WebLink

Home Browse Search

. , REGULAR MEETING OF THE ORONO COUNCIL, JUNE 30 , 1980 Page 9 The actual usage is, however, a fact question that VARIANCE may be moot if the Council and the applicant proceed 1856 Shadywood Road from this point toward eventual discontinuance of (Continued) the non-conforming rental units. 2 . The property use is not consistent with any other use in the neighborhood. It is not consistent with the City ' s Comprehensive Plan. 3 . The existing density is four times the permitted density. 4 . The existing hardcover is 20o more than permitted. 5 . The proposed hardcover trade would not decrease runoff into Crystal Bay. 6 . The existing parking situation is poor and would be worsened by removal of the turnaround. 7. The obvious improvement and intent of the zoning code is to have one principal dwelling on the lot with all secondary rental usage discontinued. The driveway and garages for the property should be relocated or revised to eliminate direct backing movements onto Shadywood, perhaps with garages located on top of the hill nearer the main house . Based upon my conclusions above, I think the Council has two options: Option 1 - Denial of the variance and addition, based upon non-permitted expansion of a non-conforming use and upon insufficient hardship to justify a hardcover increase in the Crystal Bay watershed. This would continue the status quo. Option 2 - Approval of the requested variance , with conditions sufficient to directly justify the hardcover changes and to eventually turn the property into a con- forming, single family use. , a) If the addition is built as planned, sufficient hardcover should be removed from the Crystal Bay drainage area in trade. This means removal of the lakeshore cabin, only in this way, will the Crystal Bay drainage and hardcover be improved. b) Expansion of the bulk of a building housing a non-conforming use (one of four dwellings on a single family lot) cannot be approved �pursuant to Section 31 . 109 . A variance to this requirement could be issued only if the non-conforming use were to be eliminated. Removal of the lakeshore cabin improves the situation but does no eliminate it. (Continued)