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HomeMy WebLinkAbout1992-05-11 92-247 ORDINANCEVOull Motion 92 247 Date May 20, 1992 herr Amending Land' Development Code - 436 State Street - C.O. p basal 92-24](As Amended) Responsible Department: Planning Division Commentary: The Planning Board held a public Bearing on the above-noted contract zone change request at its regularly scheduled meeting of May 19, 1992. Edmond Bearer, Esq., represented the applicants and discussed the proposed contract zone change conditions. Two abut [I ng property ownersspoke in support of the proposed contract zo change. Tim"other property owne s ;poke in opposition to the proposed change. The Planning Board voted to amend the proposed contract zonechange conditions and moved to recommend to the City Council, by a vote of 5to 0, that the contract zone change request contained in C.O. 8 92-247 (As Amended) be approved. - eponmear fall Managers Comments: (�-�Aj7,yr,{ klq yppAAyy lqCa Monnyv Associated In 01t r v Budget Approval: FinttUArl Legal Approval: i r^¢re fm br'rh (CYrll nnl s. 7ea<nf✓rr vojsr n� Introduced For QPaysage E3 First Reading Page _of_ E] Referral _ 92-24) An' owed to Councilor Sawyer,May ll, 1992 (AS AMENDED) CITY OF BANGOR (TITLE) Mr1YMMICYr .ANendare Land Developrent Code _._.._ __.. _.._... State Street Be it ordained by W City Count! of W City ofBanyor. ae fdkme: MAT the zoning boundary lines as established by the Zoning 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 436 State Street (Tax Map No. 59, Parcel No. 10) from Urban Residence 1 District to Neighborhood Service District. Said parcel containing approximately 22,835 sq. ft. and being more particularly indicated on the map attached hereto and made a part hereof. PROVIDED, HOWEVER THAT, in addition to the mandatory conditions im- posed by Chapter VIII, Article 2, Section 6.6, of the Ordinances of the City of Bangor said change of acne is granted subject to the following conditions: 1. The asand/or operation of the subject premises shall be subject to the following limitations and/or restrictions: A. The property shall be used only for those was designated as permitted uses or conditional uses subject to Planning Board approval as designated in the Urban Residence 1 District,'. and a business office or professional office, subject to a limitation of one family owner/member and four additional staff on site at any one time. B. Business office or professional office use shall be located only within the now existing meat northerly building on the property (the Carriage House. C. There shall be no sign on the property other than a name plate as permitted under the Sign Ordinance of the City of Bangor. IN CITY COUNCIL Nay 27, 1992 Amended by Substitution a Amended Sec. A Motion for Passage as ame by Substitution oldAmendi Passed by the fallowing v Councilors voting yes: Be Blanchette, Frankel, Saxl Councilor abstaining: Brij Councilors absent: Cohen, 92-24] ORDINANCE TITLE,) Amending Land Development Cade 436 State Street and Ston - �u:@:ed to f t e: - CaucO Nm - 92-247 Asuigwd to Commoner Sawyer May 11,1992 a' CITY OF BANGOR 436 State Street Beit oNained by the Ctty Cawrlt of the City WBwgar, as foyase: THAT the zoning boundary lines as established by the Zoning Map of the City 3f Bangor dated. October 28, 1991, as amended, be hereby further amended as follows: By changing a parcel of landlocated at 436 State Street (Tax Map No. 59, Parcel No. 10)from Urban Residence I District to Neighborhood Service District. Said parcel containing approximately 22,935 sq, ft. and being more particularly indicated on the map attached hereto and made a part hereof. PROVIDED, HOWEVER THAT, in addition to the mandatory conditions Imposed by Chapter Vill, Article 2, Section 6.6, of the Ordinances of the City of Bangor, said change of zone is granted subject to the following conditions: 1. The use and/or operation of the subject premises shall be subject to the following limitations and/or restrictions: A. The property shall be used only for. those uses designated a permitted us e conditional a subject to Planning Board approval asdesignated In. the Urban Residence T District, and a business or professional office. B. Business or professional office use shall be Iposted only within the new ex isting most northerly building on the property (the Carriage House). C. There shall be no sign on theproperty other than a e Plate as permitted under the sign ordinance of the City of Bangor, D. The Carriage House shall retain its residential character, and to that end there shall beno alteration to the exterior of the building which would result in a change in appearance In its overall proportions or facade through such changes a altering the roof line, eaves line or installing significantly larger windows. RI1�J 4tlTDlpN1iC1?a .. _.Amending Lend Development Code 436 State Street Beit oNained by the Ctty Cawrlt of the City WBwgar, as foyase: THAT the zoning boundary lines as established by the Zoning Map of the City 3f Bangor dated. October 28, 1991, as amended, be hereby further amended as follows: By changing a parcel of landlocated at 436 State Street (Tax Map No. 59, Parcel No. 10)from Urban Residence I District to Neighborhood Service District. Said parcel containing approximately 22,935 sq, ft. and being more particularly indicated on the map attached hereto and made a part hereof. PROVIDED, HOWEVER THAT, in addition to the mandatory conditions Imposed by Chapter Vill, Article 2, Section 6.6, of the Ordinances of the City of Bangor, said change of zone is granted subject to the following conditions: 1. The use and/or operation of the subject premises shall be subject to the following limitations and/or restrictions: A. The property shall be used only for. those uses designated a permitted us e conditional a subject to Planning Board approval asdesignated In. the Urban Residence T District, and a business or professional office. B. Business or professional office use shall be Iposted only within the new ex isting most northerly building on the property (the Carriage House). C. There shall be no sign on theproperty other than a e Plate as permitted under the sign ordinance of the City of Bangor, D. The Carriage House shall retain its residential character, and to that end there shall beno alteration to the exterior of the building which would result in a change in appearance In its overall proportions or facade through such changes a altering the roof line, eaves line or installing significantly larger windows. 92-247 (As Amended) D. The carriage House shall retain its residential character, and to that end there shall be no alteration to the exterior of the building which would result in a change in appearance in its overall proportions or facade through such changes a altering the roof line, eaves line or installing significant- ly larger windows. E. Neither the floor area nor the cubic footage of the interior of the Carriage House, as it exists as of. the date of this contract, shall be expanded. 2. Execution by those parties with an interest in the affected property of an agreement providing for theimplementation and enforcement of all the terms and conditions set forth above and the recording of said executed agreement in the Penobscot County Registry of Deeds by the property owner, a copy of said agreement being on file in the Office of the City Clerk and incorporated herein by reference. In the event that said agreement i not s executed within n ninety (90) days from the date of passage hereof, this Ordinance shall become null and void. 92-26] E. Neither the floor area r the cubic footage of the interior of the Carriage House, as ite nor as of the date of this contract, shall be expanded. 2. Execution by those parties with an interest in the affected property of an agreement providing for the Implementation and enforcement of all the terms and conditions set forth above andthe recording of said executed agreement in the Penobscot County Registry of .Deeds by the property aw copy of said agreement being on file. in the office of the City Clerk. and inforporated herein by reference. In the event that said agreement is mot so executed within ninety (90) days from the date of passage hereof, this Ordinance shall became null and void. 4-E I G&ISD )ti URD— l ai79D CON TO RACTZ< 92-247 92-24) PROPOSED CONDITIONS FOR CONTRACT ZONE AT 436 STATE STREET BANGOR, MAINE 04401 1. The property shall be used only for those uses designated as Permitted uses or conditional uses subject to Planning Board approval as designated in the Urban Residence 1 District, and a business or professional office. 2. Business or professional office use shall be located only within the now existing most northerly building on the property (the Carriage House). 3. There shall be no sign on the Property other than a name plate as permitted under the sign Ordinance of the City of Bangor. 4.. The Carriage House shall retain its residential character, and to that end there shall be no alteration to the exterior Of the building which would result in a.change in appearance in its overall proportions or facade through such changes as altering the roof line, eaves line or installing significantly larger windows. 5. Neither the flyer area nor the cubic footage of the interior of the Carriage Rouse, sa it exists as Of the date of this contract, shall be expanded. APPLICATION FOR ZONING ORDINANCE AND MAP AMENDMENT 92 247 TO: THE CITY COUNCIL AND DATE THE PLANNING BOARD OF BANGOR, MAINE: NO. 1. J(WE) JOHN A. MCGILL AND MARGARET C. BRAGG 2. of79 NORFOLK STREET BANGOR MAINE Atltl re as Cvty or Post office Te ephone hereby petition to amend the zoning ordinance of the City of Bangor, Maine by reclassifying from UED 1 zone to the RED )CONTRACT) zone 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)f V STATE STREET, BANGOR, MAINE Total Area (acres or square feet) 22,835 FEET t1- 4. PROPERTY LOCATION (General Description): Example - South side of State Street 400 yds. East of Pine Street NORTH SIDE STATE STREET, EAST SIDE HOWARD STREET S. LEGAL DESCRIPTION OF PROPERTY -Assessors Map No. 59 Parcel 30 6. EXISTING USE: RESIDENCE WITH OFFICE ATTACHED (HOME OCCUPATION) 7. PROPOSED USE: RESIDENCE WITH OFFICE ATTACHED 8. NAME AND ADDRESS OF OWNER OF RECORD: Name CARLTON C. YOUNG, III Address RIVER ROAD, ORPINGTON. MAINE 9. NAME AND ADDRESS OF CONTRACT OWNER (if such): JOHN A. MCGILL A MARGARET C. BRAGG NORFOLK )q GOR. MAINE 10. SIGNATURE OF OWNER OR CONTRACT OWNER: p(%�✓h 11. REPRESENTATIVE OF APPLICANT: Name EDWA J. BEAROR. ESO. ` (if applicable) Address 84 HARLOW -STREET. BANGOR, MAINE 12. ATTACH ANY CONDITIONS PROPOSED FOR A CONTRACT ZONE REQUEST, RETURN FORM b DUPLICATE TO PLANNING DIVISION, CITY HALL, BANGOR, ME. Application Fee: one Change (1/2 acre or less) one Change (in excess o£ 1/2 acre) ontract Zone Change *Two Ads Required Processing Advertising Total $400.00. - $ 50.00 $450.00 uoe:Dr $250. DO* $850.00 634.71 � PLEASE READ PROCESSING PROCEDURE ON REVERSE SIDE Excerpt from May 19, 1992 Planning Board Meeting Staff 92 247 Memorandum Item No 3: Contract Zone Change - 436 State Street - Jahn R. McGill and Margaret C. Bragg - C.O. $ 92-247 a. 11 t' This is a request for a change from from Urban Residence 1 District (URO -1) to a Contract Neigh- borhood Service District (RSD) for a 22,835 sq. ft. parcel located on the corner of State and Howard Streets (436 State Street). b. Land Use and Zoning Policy. The land uses on this aide of State Street and o either aide of this block along State Street are almost exclusively single-family residential. However, there have been a number of home ae cupation uses established over the years, (primarily, forphysicians locat- ing in an area opposite the hospital). Also, the south side of State Street in this area contains the hospital complex and is appropriately zoned Governmental and Institutional Service. Further, the area of the black between Howard and Otis Street behind the residential properties on the Howard Street frontage contains two medical office buildings which are also located in the Government and Institutional Service District. The City's land use policy for this area s for r residential use for the a firth of State Street and for institutional use for the area on the south side of State Street and west of Howard Street on the north side of the State. These areas are zoned in the appropriate zoning district under the Land Development Code. C. Urban Services. Obviously, the proposed area is completely serviced and is located within the primary service area. d. Recommendation. The proposed change in zoning essentially, reflects the present use of the parcel in that it a single-family residential dwelling on the front of the par- cel and a "Carriage House" to the rear which has been used as a home occupation for a number of years. The proposed contract provides for limiting the use of the property to those permitted uses in the Urban Residence District with the exception of the use of the Carriage House which would be for business and professional office aswhich is a permitted use in the Neighborhood Service District. The conditions of the contract limit the extent of the office use to the existing square footage and cubic footage of the carriage house and forbid changing the exterior appearance of the Carriage House, so that it would maintain its present character. While there are no rcial uses or commercial zoning in this area, there are other office uses in this area and the prior see of this structure was for an office as well. On that basis it could be argued that the proposed contract zone change meets the mandatory conditions for such changes in that home occupation uses are permitted in the surrounding zoning district and the rest of the parcel would be used for a single-family residential structure. The main difference between the home occupation use of the office MIR% space and that which would be allowed under the contract zone change would be a relaxation of the number of persona who could work in such an office (which is limited to one outside of family members for this site under the home o - pation provisions of the Ordinance) and the fact that the Ordinance does not allow home occupations in free standing buildings. Given the unique circumstance of this parcel with a freestanding building which has been previously used for office activity, it could be argued that the impact of such a sone change with the contract conditions limiting future expansions could be minimal. However, the Board should recognize that by relaxing the employee limitations which are in the home occupation section of the ordinance, there is a potential for a slightly higher level of activity n the site with its attendant increase in automobile traffic. The location of this parcel on state street, which is a major street under the Ordinance definition, clearly provides an arterial street capacity to carry vehicles to and from this site. If the Board is comfortable with the limitations imposed under the contract conditions, staff would recommend that the zone change request be recommended to the City Council. REVISED CONDITION FOR 436 STATE ST. C.O. U 92-247 P, rhe property shall be used Only for those uses .designated as permuted L r Conditional uses subject to Planning Board approval Do designated in the Urban Residence 1 Distr'iot, and a business office or professional office. provided such use is Conducted by residents living on the premises and has no more than four staff members on the site at any one timein addition to said residents. CH ction X1992 Date Mayr 4. Item No. may] Item(Subjece Amending Land Development Code - 436 State Street Responsible Department: Planning Division Commentary: For Referral to Planning Don rd. The applicants have applied for acontract ontract z change for property located at 436 State Street. The proposed change is from Urban Residence I District to Neighborhood Service District. nt road ' Manager's Comments: Clry Mouager Associated Informal :04 U) Budget Approval Legal Approval: IF recoil biy, +k 0/enni� Saar! i jili5 ms ; in, will rrgvirc X, d%im+f v=k5 k fi " Cxy sandr" li w taICtn f erp fMn ,.5 /kern, F' a/a i ak r v,�—rowto �Odld Introduced For M Passage Pa9e_at_ First Reading - nReferral 92-247 Aseipted [o CouaUor Sawyer May 11,1992 �N CITY OF BANGOR (TITLE.) (orbinMIICPy Amend'ng 11 Lan d D velopmant Code 436 State Street Ba i orda Rmal by be City Coamail of W City o/Bamoan, a (Ullama: THAT the son ing boundary lines as established by the Zoning Map of the City of Bangor dated October 28, 1991, as amended, be hereby further amended as fallws: By changing a parcel of landlocated at 436 State Street (Tax Map No. 59. Parcel No. 10). from Urban Residence 1 District to Neighborhood Service District. Said parcel containing approximately 22,835 up. ft. and being more particularly Indicated on the map attached hereto and made a part hereof. PROVIDED, HOWEVER THAT, In addition to the mandatory conditions imposed by Chapter VIII, Article 2, Section 6.6, of the Ordinances of the City of Bangor, said change of zone is granted subject to the following conditions: 1. The a and/or operation of the subject premises shall be subject to the fall wing limitations and/or restrictions: A. The property shall be used only. for. those uses designated a permitted uses conditional u subject to Planning Board approval. asdesignated in. the Urban Residence I District, and a business or professional office. B. Business or professionaloffice use shall belocated only (thin the new existing most northerly building on the property - (the Carriage House). C. There shall be no sign on theproperty other than a plate as permitted under the sign ordinance of the City of Bangor. 0. The Carriage House shall retain its residential character, and to that end there shall beno alteration to the exterior of the building which would result change in appearance Ingy s overall proportions or facade through suchchanges a altering the roof line, eaves .line or installing significantly larger windows. In City 'Conn il.may 11,1992 First reading ;refered to appropriatecommittee- Council voted conflict for councilor bragg 6 yes 2 no 1 abstained voting yes Baldacei.nlancnette. frankel.Coben. Sawyer.Saxl Voting No Soudy.Stone Abstaining Bragg P C' Clert 92-247 ORDINANCE ( TITLE,) dmending Land Development code 436 State St. 92-247 2 E. Neither the floor area r. the cubic footage of the Interior of the Carriage House, as it exists as of the date of this contract, shall be expanded. 2. Execution.by those parties with an interest in the affected property of an agreement providing for the implementation and enforcement of all the terms and conditions set forth above andthe recording of said executed agreement n the Penobscot County Registry of Deeds by the property owner,copy of said agreement being on file. in the office of .the City Clerk. and rperated herein by reference. in the event that said agreement is not so executed within n, nety £90) days from the date of passage hereof, this ordinance shall became nulland void. 93-347 G&ISD 92-247 APPLICATION FOR ZONING ORDINANCE AND MAP AMENDMENT TO: THE CITY COUNCIL AND DATE 9"29142 THE PLANNING BOARD OF BANGOR, MAINE: NO. 1. {(WE) JOHN R. MCGILL AND MARGARET C. BRAGG 2. of NORFOLE AN Add rasa City oe Post Office Telephone hereby petition to amend the zoning ordinance of the City of Bangor, Maine by reclassifying from URO 1 e t0 the NSD (CONTRACT) zone the property outlined in red on the maps attached—(ereto, which are part of this application, and described as follows: 3. ADDRESS OF PROPERTY (if any)S35 STATE STREET. BANGOR, MAINE Total Area (acres or square feet)22,835 FEET It - 4. PROPERTY LOCATION (General Description): Example - South side of State Street 400 yds. East of Pine Street NORTH SIDE STATE STREET, EAST SIDE HOWARD STREET 5. LEGAL DESCRIPTION OF PROPERTY -Assessors Map No. 59 Parcel 10 6. EXISTING USE: RESIDENCE WITH OFFICE ATTACHED (HOME OCCUPATION( 7. PROPOSED USE: RESIDENCE WITH OFFICE ATTACHED 8. NAME AND ADDRESS OF OWNER OF RECORD: Name CARLTON C. YOUNG, III Address RIVER ROAD, ORPINGTON, MAINE 9. NAME ANDADDRESSOF CONTRACT OWNER (if such):JOHN R.. MCGILL d MARGARET C. BRAGG NORFLK )TREET BAN MAINE 10. SIGNATURE OF OWNER OR CONTRACT OWNER: LIZ j4oa" 11. REPRESENTATIVE OF APPLICANT: Name EDWA J. BEAROR. ESO. (i£ applicable) Address 84 HARLOW STREET, BANGOR, MAINE 12. ATTACH ANY CONDITIONS PROPOSED FOR A CONTRACT ZONE REQUEST. RETURN FORM S DUPLICATE TO PLANNING DIVISION. CITY HALL BANGOR ME. Application Fee: one Change (1/Z acre or less) one Change (in excess of 1/2 acre) antract Zone Change *Two Ade Required ~ Processing Advertising Total 5400.00. $ 50 00 $450.00 oi0a__0 $250.00* $850.00ice 67C. 71 �. PLEASE BRAD PROCESSING PROCEDURE ON REVERSE SIDE 92-247 PROPOSED CONDITIONS FOR CONTRACT ZONE AT 436 STATE STREET BANGOR, NAINS 04401 1. The property shall be used only for those uses designated as permitted uses or conditional uses subject to Planning Board approval as designated in the Urban Residence i District,. and a business or professional office. 2. Business or professional office use shall be located only within the now existing most northerly building on the property (the Carriage House). 3. There shall be no sign on the property other than a name plate as permitted under the sign ordinance of the city of Bangor. 4. The Carriage House shall retain its residential character, and to that end there shall be no alteration to the exterior of the building which would result in a change in appearance in its overall proportions or facade through such changes as altering the roof line, eaves line or installing significantly larger windows. 5. Neither the floor area nor the cubic footage of the interior of the Carriage House, as it exists as of the date of this contract, shall be expanded. MEMORANDUM DATE: July 27, 1993 TO: Russ McKenna, City Clerk FROM: Lynn Johnson, Planning Secretary SUBJECT: Original Copy of Contract Zone Change Agreement - C.O. k 92-247 (As Amended) Attached is the original copy of the Contract Zone Change Agreement between the City of Bangor and John R. McGill and Margaret C. Bragg for property located at 436 State Street. Please keep this on file with C.O. Y 92-247 (As Amended). L.P.T. 5K5136 PGO27 026613 CONTRACT ZONING AGREEMENT THIS AGREEMENT is made as of .1ua0 M , 1992, by and be- tween the CITY OF BANGOR, a municipal Corporation with a Place Of business located at 73 Harlow Street, in Bangor, County of Penobscot, State of Maine and JOHN R. MCGILL AND MARGARET C. BRAGG, both of Bangor, County of Penobscot, State of Maine. WITNESSETH: WHEREAS, John R. McGill and Margaret C. Bragg are the owners of record of a certain Parcel of land situated in Bangor. County of Penobscot, State of Maine, said land being located at 436 State Street, and being identi- fied on City of Bangor Assessor's Map No. 59, as Lot le. Reference may he had to a deed recorded in the Penobscot county Registry of Deeds in get - lime , Page , for a more particular description of said land; and WHEREAS, Purauant to 30-A M.R.S.A. Section 4352 and Chapter VJII, Article 2, Sec. 6.6 of the Laws and Ordinances of the City of Bangor, application was made for a contract zone change, so-called, to reclassify said Parcel of land (said Parcel hereinafter being referred to as the subject premises") said parcel comprising a land area of approximately 22.035 sq. ft., all as set forth In Exhibit A attached hereto and incorpo- rated herein by reference, from an Urban Residence 1 District to a Neigh- borhood Service District- under the Land Development Code of the City of Bangor, said application proffering certain conditions or restrictions relating to the physical development and/or operation of the subject Pre- mises, and WHEREAS, subsequent to a Public hearing an the matter, and afterdue consideration given to the recommendations of the Planning Board, the .Bangor City Council adopted Council ordinance 92-247(as amended), whereby It reclassified the subject Premises from an Urban Residence t District to a Neighborhood Service Distr'irt under the Land Development Code of the city of Bangor subject to certain restrictions and/or conditions, a copy of said Council ordinance 92-247 (as amended) and the restrictions and/or conditions contained therein being attached hereto as Exhibit B and incor- porated herein by reference. NOW THEREFORE. in consideration of the reclassification of the subject premises from an Urban Residence t District to a Neighborhood Service District under the Land Development Code of the City of Bangor, the par- ties hereto agree as follows: 1. John R. McGill and Margaret C. Bragg, their successors and as- +gMyzrs1gna, hereby covenant and agree that, the use, occupancy and/or develop- ac5136 PG026 ent of the subject premises. in addition to other applicable laws, ordi- nances, or regulations of the city of Bangor, shall be subject to the following restrictions and/or conditions on the physical development or operation of said Propert Yn A.. The property shall be used only for those uses designated as permitted uses or conditional uses subject to Planning Board approval as designated in the urban Residence } District, and a business office or professional office, provided such use i conducted by residents living on the Premises and has no more than four staff members on the site at any one time in addition to said residents. B. Business office or professional office use shall be located only within the now existing most northerly building on the property (the Carriage Hause). C. There shall be no sign on the property other than a name plate as permitted under the Sign ordinance of the City of Bangor. D. The Carriage House shall retain its residential character, and to that and there shall be no alteration to the exterior of the building which would result in a change in appearance in its overall proportions or facade through such changes as altering the roof line, eaves line or installing significantly larger windows. E. Neither the floor area r the cubic footage of the interior of the Carriage House, as 1t exists as of the date of this contract, shall be expanded. 2. The owners hereby agree that the above -stated restrictions, Provi- sions, conditions, covenants, and agreements are made an assential part of this Agreement, shall r with the subject premises, shall bind the own- ers, their successors essors and assigns, to or of said property or any part thereof or anyinterest therein, and any party in possession or occupancy of said property or any part thereof, and shall inure to the benefit of, and be enforceable by. the City of Bangor. by and through its duly autho- rized representatives, and the owner or owners of any abutting parcels of land. 3. The Owners hereby agree that if they, or any person claiming under or through them, shall at any time. violateor attempt to violate. or shall omit to Perform or observe anY one or more of the foregoing restric- tions, provisions. Conditions. covenants, and agreements, the City of Bangor and the abutting landowner(s) shall have the following remedies, which may be exercised by the City of Bangor either jointly or severally: a. The City of Bangor shall have the right to prosecute viola- tions of this Agreement in the same manner that it is autho- rised to prosecute violations under the Ladd Development Code, of the City of Bangor in effect at the time of said violations. For the purposes herein, a violation of this 8X5136 Pc 029 Agreement shall be deemed a violation of said Land Develop- ment Code and shall be subject to the penalty provisions of said Code In effect at the time of violation. Each day that solation is permitted to exist after notification of the same pursuant to said Code shall constitute a separate of- fense. b. The City of Bangor and/Pr the owner or owners of parcels of land which abut the, subject premises shall have the right to institute any and all actions or proceedings, including the right to enforce all the terms and provisions of this Agree- ment by injunction, legal and equitable actions and all other lawful Process for the enforcement of the same. The owners further agree that the failure of the City of Bangor or the owner or owners of abutting parcels to object to any violation, however long continued, or to enforce any restrictions, provisions, conditions, covenants, or agreements contained in this Agreement shall in no event be deemed a waiver of the right to do so thereafter as to the same breach or violation or as to any breach or violation occurring prior to or subse- quent thereof. 4. The City of Bangor and the owners hereby agree that the Orovl- aiene of this Agreement shall remain in full force and effect until such time as the same may be modified, amended, repealed, and/or replaced upon their written agreement. It is expressly understood by the parties hereto that any such change shall be in accordance with the laws of the State of Maine and the Land Development Codeof the City of Bangor. shall be. treat- ed as an amendment to said ordinance and shall be processed accordingly. s. The parties hereto hereby agree that nothing in this Agreement j shall be construed so as to preclude the future exercise of the Bangor City Council's legislative authority relative to the zoning of the subject premises. In the event that the zoning of said Premises is changed by the City Council, ally use established under the Provisions outline in Para- graph 1. subparagraphs A., B., C., D., and E., above, subject to the re- strictions, provisions, conditlons, covenants, and agreements contained in this Agreement, shall be allowed to continue as a nonconformity on non- conforming u whichever the case may be, in accordance with theprovi- sions - s of theI-andDevelopment Code, as may be to effect at the time of said zone change, governing the same. 5. The parties hereto hereby agree, for themselves, their successors and assigns. to waive any and all rights to challenge the validity of Council Ordinance 92-241 (as amended) or the terms of this Agreement. 1. The parties hereto hereby agree that if one of the restrictions, provisions. conditions. covenants, and agreements, or Portions thereof, contained in this Agreement is for any reason held invalid o nstitu- tional by any court of competent jurisdiction, such portion shaltbe deemed a separate. distinct and independent Provision and such determina- tion shall not affect the validity of the remaining portions hereof. Provided, however, that Parties hereto hereby further agree that in the event any of the contracted provisions contained in paragraph 1, aeS136 Pc030 subparagraphs, A., B., C., B., and E., above, are r validated o such other provision is invalidated so as to constitute amaterial changein the restrictions. provisions, conditions, covenants, and agreements negotiated by and between the parties, the City of Bangor or abutting land owners shall have the power to seek a.reversion and/or change of the zoning of the subject Premises to the current zoning classification as may be In effect at the time of the processing of any such reversion and/or change. said reversion and/or change may be initiated by arepresentative of the City of Bangor or an abutting property owner to the subject premises, shall be, processed in accordance with theprocedure established for an amendment to the Land Development Code in affect at the time, and shall be evaluated in accordance with the criteria established for the review of zone change applications. It being the intent of the parties hereto that the owner shall not be allowed to benefit from the zone change forthe subject premises in the event that the city of Bangor or abutting land owners are deprived of the conditions negotiated to minimize the negative externalties of the requested rezoning. S. Except as expressly modified herein, the use and Occupancy of the subject premises shall be governed by and comply with the Provisions of the 1 -and Development code ordinance of the City of Bangor and any applica- ble amendments thereto or replacement thereof. IN WITNESS WHF_RFOF, this Agreement ties been executed and delivered as of the day and year first above written. Witness Witness t as STATE OF MAINE_ Penobscot, se., )*4A____._.........._ J hi R. McGill ��r-'� -- Margar t C. Bragg CITY OF OF BBANNGORR/j Edward A. Barrett Its City Manager J_C 2 IL . 1992 Then Personally appeared the above-named John R. McGill and Margaret C. Bragg and acknowledged the foregoing to be their free act and deed. Before me, BK5136 PG03I N� `P Printed Name.f(A Ln L`sPfi4Le My eemmisslon OWIMS Vi114S Justice of Ef�e weacp" Notary Pub14c to y up C, 3�sx STATE OF MAINE Penobscot, as. \Zr&,t 1 1992 Then personally appeared the above-named Edward A. Barrett and acknowl- edged the foregoing to be his free act and deed in his said capacity as City Manager and the free act and deed of said City of Bangor. Before me., 0 P�ddN -ems__ Printed Name _ L6eRey <e jtrmnrt� Notary Publir. yg1A319.6 sK5136 PG032 KME 4-E u 92-267 1 UR® -1 TO NSD C®INTRACTZ Vo1TA sx 136 PG033 IAS AMENDED) Assigned m Cu..4w NO, CITY OF BANGOR (TITLE.) @rbi artret emenain9 Land De.elopmann Code 436 state street _. .. Be 0 Ondaieed by the City CsuaAl Of W! ads Of Hamper- as /dbwe: THAT the zns ing boundary lines a established by the Zoning nap of the city ofBarsor dated October28, 1991, as amended, be hereby further amended as follows: By chengino a parcel of land located at 436 State Street (Tax Map NQ_ 59, Parcel No. 10) from Urban Residence 1 District to Neighborhood Service District. Said parcel containing approximately mately 22.835 sq. o ft, and beine more particularly indicated on the attached hereto and made a pact hereof. PROVIDED. HOWEVER THAT, in addition to the mandatory conditions iM- aed by Chapter VIII, Article 2, section 6.6, of the ordinances of the City of Bangor said change Of zone is .ranted sub iect to the foltawing conditions: 1. The use end/or operation Of the subiect o shall be subject to the followinq limitations and/Or restrictions: + A. She property shall be need only for Nose uses designated as permitted conditional u subject to Planning Board approval as designated in the r theUrban'Residence t District, and a business office or professional office, provided such use is conducted by residentslivingon the premises and has n e the four. staff memtiera-on-tbe-site at any one time in addition to said residents. B. Business office or professional office use shell be located only within the -n istinq most northerly building on the property (the Carriage House, C. There shall be no siqn on the property other than a name plate as permitted under the Sign Ordinance of the City Of Bangor. BIR' RANCOR, AWNINS. may/ MAY 29,1492 + Amended May 27, 1992 �%A WHO COPY. Ailp1 —;iY„e'.c¢Pot "4-~ _- EXHIBIT B Car CtRe cdK5136 FGM 92-24] (As Amended) 2 D. The Carriage House shall retain its residential character, and to that end there shall be no alteration to the exterior of the building which would result inchange i appearance in v its overall proportions or facade through such changes a altering the roof line, eaves line or installing significant- ly larger windows. E. Neither the floor a r the cubic footage of the interior of the carriage House, it exists as of the date of this contract, shall be expanded. 2. Execution by those parties with an interest in the affected property of an agreement providing for the implementation and enforcement of all the terms and conditions set forth above and the recording of said executed agreement in the Penobscot County Registry of Deeds by the property owner, a copy of said agreement being On file in the Office of the City Clerk and incorporated herein by reference. 1n the event that said agreement is not s executed within ninety (90) days from the date of passage hereo. this Ordinance shall become null and void. 1 G&ISD BNS LA47 PG0351 *:z f' URD 1 TO ...P9�A5�IBLPM �E58 .:_ TIES lMCONTM EGGISIER