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' REGULAR MEETING OF THE ORONO COiINCIL HELD JUNE 25, 1984. PAGE 2 <br /> #834 BRIAN FULMER Councilmember Frahm asked the size of the property. <br /> Brian Fulmer stated that he has 10 acres. Fulmer <br /> noted that the existing building would be torn down and <br /> mature trees would screen the new building. Fulmer ' <br /> stressed that the 60 dog limit number was just a number <br /> picked out at the time of the review. Fulmer stated <br /> that he is actually reducing the square footage on the <br /> property because he would be removing the existing <br /> building along with the concrete slab. <br /> Assistant Zoning Administrator Gaffron stated that <br /> half of the property is wetlands , so the Fulmers <br /> actually have approximately 5 acres dry buildable. <br /> Councilmember Adams asked how the applicant intended <br /> to dispose of the waste. <br /> Brian Fulmer stated that the waste would go in the <br /> garbage, the same as he is doing now. <br /> Councilmember Frahm stated that this is actually a <br /> commercial entity in a rural residential zoning <br /> district. <br /> City Attorney Malkersonstated that thisisconsidered <br /> a non-conforming use, which the zoning code <br /> specifically addresses. Malkerson stated that the <br /> intent of the non-conforming uses is not to expand them <br /> but to eventually phase-out the non-conforming use. <br /> Malkerson stated that the intent of a non-conforming <br /> use is not to allow a building to be torn down and <br /> replaced or repaired in such a way so that it adds brand <br /> new value to the building so it will last longer. <br /> Malkerson stated that the intent is to phase-out non- <br /> conforming uses and to eliminate them all together. <br /> Malkerson stated that there are some exceptions that <br /> are setforth in the code such as if a certain <br /> percentageis destroyed then a certain percentage can <br /> be rebuilt. Malkerson stated that if the part that is <br /> destroyed is over a certain percentage then you don' t <br /> even rebuild it. Malkerson stated that there are <br /> other provisions about not extending the bulk <br /> (outside ) of the non-conforming use. Malkerson <br /> stated thatlegally thiswould be considered expansion <br /> of a non-conforming use and is not allowed under the <br /> zoning code. Malkerson stated that the Council could <br /> amend the code to aTlow commercial kennels under a <br /> conditional use or rezone the property. <br /> Councilmember Hammerel stated that he felt that this <br /> type of service is needed for the citizens of Orono. <br /> Hammerel stated that they should amend the code to <br /> allow this use under a conditional use. <br />