HomeMy WebLinkAbout1989-07-10 89-311 ORDINANCEr1eII Action
Date 7/18/89 Item No. 89-311
Iens/Sobjecb Amending Zoning Ordinance --Contract Zone Change -
1004 State Street - C.O. A 89-311
Responsible Dispensed; Planning Division
Commanpry:
The Planning Board, at itsregularly scheduled meeting of
July 17, 1989, held a public hearing on the contract zone change
request at 1004 State Street. -
Charles Gilbert, Esq., andFrederickGallant (the applicant) both
spoke in favor of the proposed contract zone change.
No one spoke in opposition..
After some discussion regarding existing zoning in this area
of Outer State Street and the contract conditions as proposed,
the Planning Board voted five in favor and none opposed to
recommend denial of C.O. 0 89-311.
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Manager's Common: to fl A
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Associated hdormatipn: - )
Budget Approval: `6� o _ ,.
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Legal Approvel:
City $ 1
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Introduced For
O Passage -
❑FirstReeding- Page_ of
❑Referral
89-311
Aso ped to Councilor Stone, July 10, 1989
k CITY OF BANGOR
(TITLE.) 0rbhUUTr0r Amending zoning ordinance
1004 State Street
BtUordaiaW by the City CowmW of Oity WBangor. wfoibwu
THAT the zoning boundary lines as established by _ the Zoning Map
of the City of Bangor .dated September 23, 1974, as amended, be
hereby further amended as follows:
By changing part of a parcel of land located at 1004 State Street
(Tax Map No. R-71, Part of Parcel No. 33) from Residential 1 Zone
to Residential 3 Zone.. Said parcel containing approximately_. 1.3
acres 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 21, Section 11.3, Ordinances of
the City of Bangor, said change of zone is granted subject to the
following conditions:.
1. Theuse
and/or operation of the subject .premises shall
be subject to the following limitations and/or restrictions:
A. One -family, two-family, three-family, and four
family dwellings not to exceed a total of six (6)'
units on the parcel.
B. Home occupation or profession (subject to the
requirements of Article 21).
C. Accessory uses on the same lot andcustomarilyinaL-
dental to and subordinate to the above uses.
This change shall relate only to that portion of the
property easterly of the brook that descends from
Mt. Hope Cemetery: the portion westerly of the brook
is already R-3 and shall so remain.
2. Execution by those parties with an interest in the affected
property of an agreement providing for the implementation and enforce-
ment 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 is not so executed and recorded
within ninety (90) days from the date of passage hereof, this Ordinance
shall become null and void.
89-311
ORDINANCE
( TITLE ) Amending zoning Ordinance 1004 State
Street
In city: council July 10,1989
Nefemed to Planning Bova G,
Aaripied
�_
cury Clerk
slat um
In City cannon July 24,1989
Indefinitely Poatpmei _
C yee
ri ,(.
[.'
0
a
R1 TO R3
CONTRACT
89-311
AREA ENLARGED
APPLICATION FOR ZONING ORDINANCE AND MAP AMENDMENT
TO: THE CITY COUNCIL AND DATE June 26, 1989..
THE PLANNING BOARD OF BANGOR, MAINE: NO.
1. I(WE) Fred Gallant
2. of 980 Main Street -Dunstable 01827
Address City cr Post Off rce Te ep one
hereby petition to amend the zoning ordinance of the Cite of
Bangor, Maine by reclassifying from R-1 to
the R-3 Contract zone the property outlln� on the maps
attached hereto, which are part of this application, and
described as follows:
3. ADDRESS OF PROPERTY (if any) 1004 State Street
Total Area (acres or square feet .3 a
4. PROPERTY LOCATION (General Description): Example - South side of
State Street 400 yds. East of Pine Street
Western side of State Street south of Mt. Hope cemetery
5. LEGAL DESCRIPTION OF PROPERTY -Assessors Map No. R71Parcel 33
6. EXISTING USE: R-1
). PROPOSED USE: R-3 Contract
8. NAME
AND
ADDRESS
OF
OWNER OF
RECORD: Name
Fred Gallant
less)
$125.00
$ 50.00
Addre11980
Main Street,Dunstable/0182'
R. NAME
AND
ADDRESS
OF
CONTRACT
OWNER (if Such):
None
10. SIGNATURE OF OWNER OR CONTRACT OWNER: C'M"� ?'64td�N (i {y
Gad✓
11. REPRESENTATIVE OF APPLICANT: Name Charles E. Gilbert, I11, But,
(if applicable)
Address 8 Harlow Street. P.O. Box 2335
Bangor, Maine 04401
12. ATTACH ANY CONDITIONS PROPOSED FOR A CONTRACT ZONE REQUEST.
RETURN FORM 6 DUPLICATE TO PLANNING DIVISION, CITY HALL, BANGOR, ME.
Application Fee:
Processing
Advertising
Total
Zone Change (1/2 acre or
less)
$125.00
$ 50.00
$175.00
Zone Change (In excess of
1/2 acre)
$225.00
$'50.00
$275.00
Contract Zone Change
$400.00
$250.00*
$650.00
* leo Ads Required
PLEASE READ PROCESSING PROCEDURE
ON REVENUE SIDE
4�T'3 of
CONDITIONS FOR CONTRACT ZONE REQUEST
PERMITTED USES:
(1) one family, two family, three family, and four family
dwellings not to exceed a total of six (6) units on the
parcel.
(2) Home occupation of profession (subject to the requirements
of Article 21).
(3) Accessory uses on the same lot and customarily incidental
to and subordinate to the above use.
NOTE: This change shall relate only to that portion Of the
property easterly of the brook that descends from
Mt. Hope c e$$ary; the portion westerly of the brook
is already R-jpapd shall so remain.
3 e/'
Item Me. 5: Zone Change - 1004 State Street - Fred eallaMt
C.O. 0 89-311
a. Applicant requests a zone change from Residential 1 Zone to
Residential 3 Zone subject to certain conditions and
limitations (contract zone) for approximately 1.3 acres of
land located at 1004 State Street.
b. The parcel in question is located on State Street beyond the
Meatlowbrook Read next to the Mount Hope Cemetery. The lot
has 100 feet of frontage on State Street and runs back all
the way to Mount Hope Avenue.
C. The Board may recall this parcel was before them in February
of 1988. At that time the applicant was requesting that the
entire parcel be rezoned to Residential 3. The Planning
Staff had recommended that the portion which fronted an
State Street should remain Al. At that time the applicant
amended the application and only the rear portion of the
parcel was rezoned.
d. The City's Land Use Policy in this area s low density resi-
dential. The aa isting zoning is Residential 1, Civic & Insti-
tutional, Parkand Open Space, and Residential 3 off Mount
Hope Avenue.
e. The contract conditions proposed include I thru 4 unit build-
ings and a limit of 6 units on the one acre parcel. The
other conditions restate existing permitted accessory and
home occupation uses. At present there are
nconditions
r
which relate to buffers, setbacks, o other development
standards. The Staff would recommend that the State Street
frontage r zoned Residential 1. Further, we would not
find the proposed 100 foot wide lot asuitable place to
introduce multi -unit dwellings. The R3Zone requires a lot
width of 120 feet as a m inimum for a four -unit building.
f. Staff would recommend that the Board recommend that the City
Council deny the Proposed rezoning request•