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Home My WebLink About1995-07-10 95-315 ORDINANCECOUNCIL ACTION Date July 29, 1995 Item No. 5-315 Item/Subject: Amending Land Development Code - 91 Grove Street - C.O. d 95-315 Responsible Department: Planning Division The Planning Board held a public hearing at its regularly scheduled meeting of July 18, 1995 on the above -noted sone change request. Albert Smaha and Jean Laing represented the applicant and spoke in favor of the proposed change. Deborah Armstrong, an abutting property owner, spoke in opposition to this sone change as it could allow more than one additional apartment unit in this building. The Board voted 5 to D in favor of a motion to recommend to the City Council that the sone change request contained in C.O. i 95- 315 be denied. '��y �/�j� Da artment' mead— Manager's Cos®ants: City Mane Associated Lnformationo Finance Director Legal � Approval per 4rttvle a, $pc. 6S Q ® /y�q d' M 0/yi conal 7(M'+®�fir 67A, i; (I1✓i "l°I. ikm /mw ng s� q vn'^ k w r h city solicitor 4,601 psmS & 0/3 sok}. X Passage First Reading Page 1 of 1 Referral 95-315 Auip:ed to Counaor Baldaccf July 10, 1995 CITY OF BANGOR (TITLE.) Vvrbin==, Amending., Land Development cc" _._.__ _.._.. 91 Grove Stneet ....". ................. .... ......... Be N ordained by Ne CRY Cousag of Us Cita o£Bazper. ae£o9omv THAT the zoning boundary lines as established by the Boning Map of the City of Bangor dated October 28, 1991, as amended, be hereby further amended as follows: By changing a parcel of land located at 91 Grove Street (Tax Nap No. 48, Parcel 73) fron Urban Residence 1 District to Urban Residence 2 District. Said parcel containing approximately 10,000 sq. ft. and being more particularly indicated on the map attached hereto and made a part hereof. 0 CITY COUNCIL July 10, 1995 First Reading Re d to Plan ng Board CITY C IN CITY COUNCIL July26, 1995 ebtlon for Passage Al Snafu, representing owners of 91 Grove, d Ann Using spoke n favor of the amendment Ordinance failed Passage Vote: 8 No, l Yes Voting No: Baldacci, Blanchette, Cohen, Frankel, Popper, Sullivan, Tyler d woodcock Votin ' : Sou CITY f E " 95-315 ORDINANCE ( TITLE,) Amending Land Development Code - 91 Grove Street URD^2 ski TO: 1. APPLICATION FOR LAND DEVELOPMENT CODE AND THE CITY COUNCIL AND DATE THE PLANNING BOARD OF BANGOR, MAINE:. NO. I(WB) Mary E. Tyson (Dudley B. Tyson) 95-315 MAP AMENDMENT /1/99 2. of 91 Grove Street Bangor, PIE 942-5784 Address City or Poet Office Telephone hereby petition to amend the Land Developpmmant Code of the City of Bangor, Maine by reclassifying from - llRD-1 district to the URD -2. district for the property outlined in red on the maps attached hereto, which are part of this application, and described as follows: 3. ADDRESS OF PROPERTY (if any) 91 Grove St. Total Area (acres Or square feet) 10. t 4. PROPERTY LOCATION (General location): Example o South side of State Street 400_. yards. East gf. Pine Street East side Grove SL 5. LEGAL DESCRIPTION OF PROPERTY - Assessors Map No. 48 Parcel 73 6. EXISTING USE: Sinele-family ). PROPOSED USB: P AnaY ime�rc S. NAME AND ADDRESS OF OWNER OF RECORD: Name Mary E. Tyson Address 91 Grove St_, Bangor 9. NAME AND ADDRESS OF CONTRACT OWNER (if such): 30. SIGNATURE OF OWNER OR CONTRACT OWNER: /91 Dudley B. Tyson 11. REPRESENTATIVE OF APPLICANT: Name (if applicable) Address 12. ATTACH ANY CONDITIONS PROPOSED FOR A CONTRACT ZONE REQUEST. RETURN FORM & DUPLICATE NMIMI DIVISION,CITY MAIL, BANGOR, ME Aoolication fee Processine Advertising Tota Zone Change (1/2 acre or less) $289..50 $212.00* $501.50 Zone Change (in excess of 1/2 acre) $463.25 $212.00* $675.25 Contract Zone Change $694.75 $265.00* $959.75 *Two Ade Required PLEASE READ PROCESSING PROCEDURE ON REVERSE SIDE Excerpt from Staff Memorandum for July 18, 1995 Planning Board Meeting It® No. 5, Zone Change - 91 Grove Street - Mary E. and Dudley B. Tyson - C.O. $ 95-315. a. General Description. Applicant requests a zone change for a 10,000 square foot parcel from Urban Residence District -1 (URD -1) to Urban Residence District -2 (URD -2) located at 91 Grove. Street. The URO -2 would allow the subject premises, currently a single family structure, to be converted into a two dwelling unit structure. b. Land Use and Sonino Policy. The area in question is basically located on the boundary line between the URD -2 and URD -1 zoning of this area of the City. At the time of the adoption of the Land Development Code the Board will recall that there was extensive analysis of land use and residential densities in the old established neighborhoods of the City. The west aide of Grove Street was zoned URD -2 and the east side was zoned URD -1 which makes the street the demarkation line between these two zoning districts in this area. At the time of the Land Development Code revision in 1990 the City conducted a thorough analysis of residential densities and existing use of the older built-up neighborhoods of the City. It was determined that the densities in those areas zoned for multi -family use were excessive due to the smaller lots prevalent in the older lotting of these areas and the process of conversion of larger older homes into multi -family units over time. Thus, in this area the density on the wast aide of Grove Street is approximately 16 1/2 dwelling units per acre and on the east side it is approximately 12 dwelling units per as The present zoning is designed to prevent the 30 andl2 dwelling unit per acre areas from turning into 15 and 20 dwelling unit per acre areae with the attendant off-street parking problems, lack of open space and overall congestion in these predominantly single-family neighborhoods. (As Planning Board Members know, the highest density permitted in the City's HDR Sone for multi -family dwellings is capped at 12 dwelling units per acre under present ordinance standards.) C. Urban Services. The parcel proposed for the sone change is located in the Primary Services Area and has a complete range of urban services available to it. d. Rxistinc Conditions. As discussed above the applicant proposes to convert a single-family unit sited on a 10,000 sq. ft, lot to 2 -unit structure with no additional construction (without avariants). The residence is a large structure containing approximately 15 rooms. On-site parking is feasible. The parcel is abutted by a 2 -unit structure tothe north and rear as well as a single-family structure to the south and rear. Directly across the street are a 3 -unit, 2 -unit, and single family structure. G. Recommendation. The fundamental criteria for a zone change is that it is consistent with the City's Comprehensive Plan and that it isconsistent with the existing uses and zoning in the area. The proposal before you would grant an individual property zoning options not enjoyed by other Property owners on this side of Grove Street to their detriment and to the detriment of the neighborhood. If the City is to fulfill the Comprehensive Plan objectives of protecting existing residential neighborhoods from overcrowding, then it must 'hold the line" on the zoning. Based on the above considerations, Staff would recommend that the Planning Board recommend denial of the proposed zone change to the City Council.