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Home My WebLink AboutResolution 1114 Cit� o� ORONO RESOLUTION OF THE CITY COUNCiL • NO. 1114 • � • • A RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR A LEGAL NON-CONFORMING USE, INCLUDING LOT USE RESTRICTIONS FOR KEITH KATCHER AND LEO DUEHN WHEREAS, the Planning Commission and the City Council have reviewed a request by Keith Katcher and Leo Duehn to permit boat repair, refinishing and storage on property located at 1140 North Arm Drive; and WHEREAS, said property contains a residence, a garage and a shop building on approximately 1. 3 acres of land as shown and legally legally described on Exhibit A; and WHEREAS, since 1941 , the property has been the residenc•e of Mr. Duehn as well as his place of business since 1949; and WHEREAS, commercial use of the property became a legal non- conforming use on January 1 , 1968 , , effective date of Ordinance 93, the 1967 Zoning Code which established the area a� a single family residential use district; and , WHEREAS, on September 9 , 1968 , the City Council issued a __ Non-Conforming Use Permit (Exhibit B) authorizing continued operation of the then existing "Leo' s Body Shop" for auto repair and auto body repair purposes; and WHEREAS, in October, 1977 , Keith Katcher leased the shop building from Mr . Duehn and converted the auto repair business to KK & Kompany, a boat repair and refinishing business ; and WHEREAS, Mr. Duehn continues to reside on the property and simultaneously uses portions of the property for the commercial storage of boats ; and WHEREAS, Section 31 . 100 of the current 1975 Zoning Code allows continuation of all existing legal non-conforming uses of land such as the previously documented auto repair business ; and WHEREAS, Section 31 . 101 provides that "the non-conforming use may not be changed to another non-conforming use" , NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Orono hereby makes the following findings of fact:. 1. The property has always been residentially used and is � considered to be primarily residential property. Cor,unercial activities on the property will always be considered accessory _ to the primary r�sidential use . 2 . A certain level of commercial activity on the property may be carried on as in the past, pursuant to legal non-conforming use permits, but this use shall not be substantially changed or increased in intensity. PAGE_�OF�_ • . � Cit� o� ORONO RESOLUTION OF THE CITY COUNCIL � NO. 1114 • - • • 3. Boat repair and refinishing is esse�tially the same type of activity as auto repair and auto body repair and therefore does not constitute a change in use to the extent prohibited by Section 31. 101. \ FURTHERMORE, BE IT RESOLVED, that based upon the foregoing findings, the City Council hereby approves renewal of a Non-Conforming Use Conditional Use Permit for commercial use of a portion of the property, subject to the following conditions : l. No commercial use shall be made of the property except as accessory to an on-going residential use of the property. 2 . Commercial uses shall be limited to auto repair, auto body repair, boat repair and boat refinishing, subject to the following: a) Repair activities shall be carried on as much as possible - within the existing shop building. Outdoor repair activities shall be limited to the vicinity of the shop building shown as Area 1 on Exhibit A, and then only during the hours of 8 : 00 A.M. to 6: 00 P.M. , extended to 8; 00 P.M. during May through August. b) Commercial parkinq or storage of autos, boats, trailers , parts and related equipment shall be limited to Area 1 as shown on Exhibit A. c) No sales of new or used autos, boats or accessories is permitted except for the sale of items installed as a normal part of repairs being done on the site. d) No more than 2U boats are permitted on the property at any given time, summer or winter. e) Boat storage as a commercial activity is not permitted, only storage of boats otherwise undergoing or awaiting repair. 3. Area 2 is to remain exclusively residential in use and the garage building shall be used as a residential accessory building only, not for expansion of the commercial activity � carried on in the shop building. � 4 . Should the shop building ever be substantially destroyed by fire, flood or other natural occurrence, or if commercial activity ceases for a period of twelve (12) months or more, all non-conforming use of the property shall terminate. PAGE__�OF_� J C�t� o� ORONO RESOLUTION OF THE CITY COUNCIL � NO. 1114 • - • • 5. Additions to the shop building are not permitted, however, nothing in these conditions shall be construed as to prohibit normal repairs, maintenance or incidental alterations to the shop building provided the area or bulk of the building is not increased. 6 . In addition to the above conditions, so long as Leo Duehn or his wife reside on the property, they may continue to commercially store and/or repair boats provided the maximum number of 20 boats for the entire property is not exceeded. This use may include Area 3 on Exhibit A. This portion of the permit shall expire when the Duehns no longer reside on the property at which t�.me Area 3 shall revert solely to residential open space. This personal right of use by Leo Duehn and his wife shall be non-transferable. 7. This permit for non-conforming use of the property must - be renewed upon change in ownership to any party other than Leo Duehn or Keith Katcher, or upon any proposed change in use other than listed above. This permit may be reviewed and/or revoked upon complaint or non-compliance with conditions noted herein as provided by ordinance. 8 . This permit shall not serve to grant any property right other than as specifically provided and conditioned herein. Adopted this 25th day of �'ebruarY , 1980. f � il ia B. Van Nes , Ma or ATTEST: Walter . Benson, City Administrator PAGE 30F 4 � Cit o� OR � ONO RESOLUTION OF THE CITY COUNCIL � NO. 1114 • - • • Leo Duehn and his wife, KK & Kompany, Keith Katcher and his wife, all agree on behalf of themselves, their heirs, successors and assigns that the terms of this Re ,olution shall so restrict the future use of this property, as leg lly clescribed on Exhibit A. 1 ; _ , KK & Kompany, by �? �_ � Leo uehn, ee Owner Its -��`��( �. � i h atcher PAG E_�O F � d , • �. • EXHIBIT A , RESOLUTION NO. 1114 Sketch of Property at 1140 North Arm Drive for Non-Conforming Use Permit 9�0'� RCS/DE�t�C'C G+vi�o��(G GA/lAGE � i qG.'�----�r � � , / . l� ,J. ��. � '` I, . /' / � � �,� ,r- � 3 1 0 . ��]r . .. �.. � � I, N' i fo a .. -� • �k ,n ! t � ' n � M�� ( , !• � � c._- d ;^ � 0 •. • ; , � � s, � �'( ' � � ` - �_ •� n� 1 � _ }�-� ,� _,� f�t I . _ _ t_ � , A2EA 1 A�� 2 AiZ�4 �`3 AREA 1 - Commercial Use Area AREA 2 - Residential Area - no commercial use permitted AREA 3 - Leo Duehn' s Storage Area & residential open space Legal Description - entire parcel including Areas 1, 2 & 3 as shown above PIN 07-117-23 14 0061 THAT PART OF THE N 306.2 FT OF THE 5 505.6 FT OF THE SE 1/4 OF THE NE 1/4 SEC 7 T 117 R 23 DESC AS BEG AT A PT ON THE N LINE OF SAIO S 505.6 FT DIS 260 FT W FROM THE E IINE OF SAID SEC TH WLY ALONG SAIO N IINE TO THE -- CEt�TER LINE OF CO RD NO 151 TH SLT ALONG SAID CENTER LINE TO ITS INTER- SEC WITH A LINE DRANN PAR WITH AND DIS 105 FT S FROM SAID N LINE OF S 505.6 FT TH E ALONG SAID PAR LINE TO AN INTERSEC WITH A LINE DRAWN SLY AT R/A WITH SAIO N IINE OF S 505.6 FT FROn A PT THEREIN DIS 518.4 FT FROM THE E LINE OF SAIO SEC TH SLY ALONG SAID R/A LINE DIS 30 FT TO THE 3 LINE OF THE N 135 FT OF SAID 505.6 FT TH ELY ALONG SAID S LINE TO THE W IINE OF SAID E 260 FT TH N TO BEG EX RD � �