HomeMy WebLinkAbout1986-11-10 87-04 ORDINANCE87-04 -
introduced ty Co Milor Let utz, November 10, 1986
CITY OF BANGOR
(TITLE.) Mrbi=Ur, Amending
38 Alden Street
Be k w,daned 6y the City Coaanl of the City 0Bangor.ofW .
THAT the zoning boundary lines as established by the Zoning Nap
of the City of Bangor dated September 23, 1974, as amended, be
hereby further amended as follows:
By changing a parcel of land located at 38 Alden Street from
Residential 1 Zone to Commercial 2 Zone. Said parcel containing
approximately 8,200 sq. ft. and being moreparticulakly 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 con-
ditions:
1. The use and/or operation of the subject premises shall be
subject to the following limitations and/or restrictions.
a. Applicant will keep the parcel consistent with the
Comprehensive Plan of the City of Bangor, as
amended,
by maintaining a residential structure on the parcel;
b. Applicant will keep the parcel consistent with the
fisting and permitted use within the original zone by oper-
ating a limited retail business and maintaining office
space within a residential structure on the premises;
c. Applicant will restrict development of the parcel so that
no additional structureswill be erected other than the
placement of emergency exits and an access ramp for handi-
capped persons on the existing residential structure:
d. Applicant will limit access to the property by eliminating
an existing point of ingress -egress located on North
French Street and relocate entry to the parcel on Alden
Street away from and out of.. view of residences on North
French Street;
In City Council Nove�er 10,S6
refered to planning boa
cOnSider next meting
OHEM NCE
( TiT Amending Zonieg oxair�aa.�e 15 Alai
Infx»3rczd ani flied by
In City Council November 24,1986 COAGAI Pas KA�,:.F�
coi5dier next meeting �u¢t M>n
C Clerk
In City Council Coo. 6,1986
Sassed as aumunded _
Amended copy attached
Vote 6 fee 1 NO 1 Absent 1 Abstained-:
voting yea Brown,Co%,Frankel,
LsbOxitz.6awyex, Sullivan
'VOtiey No Tilley 1
Absent
Abstaineded Willey
(City Cier
IN CITY COUNCIL
December 15, 1956
Reconsideration of Order Sassed.
2nd reading of order by Title only.
Order nessed.by the following yes and no
votes. Councilors voting yes: Bram. Cox,
Mebwitz, Sawyer, Shubert and Sullivan.
Councilor voting no: Tilley. Councilor
abstaining: Willey. Councillor absent: Frankel
sr.
l
a-.
87-4
(AMENDED)
--,_ CITY OF BANGOR
(TITLE.) Mrbiuvtlttet Amending Z9n!ng..9rdinauce _... _. ...........
38 Alden Street
Be it ardaiwd by flu City Council ofdw Cit ofliauyor, as jollasw
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 a parcel of land located at 38 Alden Street from
Residential 1 Zone to Commercial 2 Zone.. Said parcel containing
approximately 8,200 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 VIII, Article 21, Section 11.3, Ordinances of the City of
Bangor, said change of zone is granted subject to the following con-
ditions:
1. The useand/or operation of the subject premises shall be
subject to
the following limitations and/or restrictions.
a.
Applicants will not conduct any business on the parcel
between 9p.m. and 7 a.m. on any day of the week.
Applicants will also not conduct any business for more
than twelve (12) hours a day.( Monday through Saturday)
and holidays on which is legal to conduct business.
b.
Applicants will not exhibit any products or advertise-
ments in the windows of the existing structure or
demonstrate or exhibit products outside the existing
structure;
c.
Applicants will limit the use of the existing parcel to
the operation of a demonstration site and sale office
for home and office environmental products and services
which a used for the maintenance of indoor airand
water quality as well as personal health. Office will
be limited to management of sales and product information
and consulting services for remodeling or construction
projects for customers.
ORDINANCE
Inti and (tied EV
CW l m91
d. Applicants will maintain parking accommodations in an
abutting parcel which is located in C-2 Zone for a
maximum of nine (9) vehicles. Applicant will not pro-
vide any parking for customers, employees or delivery
vehicles on the parcel within the R-1 Zone except for
one (1) parking space which shall be reserved for
handicapped access.
e. Applicants will limit access to the existing structure
for customers, employees and deliveries from North
French Street other than to provide a ramp and doorway
which shall be limited to use by handicapped persons.
Said handicapped point of access shall be properly
marked. Regular customer, employee and delivery access
will be limited at all times to a doorway located on
the side of the existing structure facing and parallel
to Broadway which is out of the view of residents on
North French Street.
f. Applicants will limit the development of the existing
structure and parcel to modifications as set forth in a
plan to be submitted to the City of Bangor. The plan
will provide modifications to the existing structure
which will have the effect of making the structure
compatible with existing residential architectural forms
as they now exist on North French Street. The desired
effect shall be to produce a structure which remains
in appearance as a residence.
g. Applicants will not increase the square footage of the
structure beyond what now exists on the parcel,
h. Applicants will increase the side yard set back of the
existing structure by removing ascreened-in porch located
on the North French Street side of the building and there-
by increase visibility for vehicles approaching the corner
of North French Street and Alden Street.
I. Applicants will provide landscaping improvements as
established in a plan to be submitted to the City of
Bangor which will screen the view of the parking area
for the parcel from residences located. -on North French
Street.
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 owners, a copy of said agreement being onfile 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 sixty
(60) days from the date of passage hereof, this. Ordinance shall become
null and void.
Bangor, Mabe — Nam EwDMd Onmd CmM
DATE:
November 18, 1986
TO:
The Honorable City Council
FROM:
The Planning Board
SUBJECT:
Amending Zoning Ordinance
Contract Zone Change
38 Alden Street
Council Ordinance No. W-4
Di.�
LANGOR, MAINE O&M
.e..v.a wimat
JOHN U. LORD
ew....aoee.
tug
of Cate fflubw
DATE:
November 18, 1986
TO:
The Honorable City Council
FROM:
The Planning Board
SUBJECT:
Amending Zoning Ordinance
Contract Zone Change
38 Alden Street
Council Ordinance No. W-4
Please be advised that the Planning Board at its regularly
scheduled meeting of November 17, 1986 held a public hearing on
the above contract zone change request, The public hearing was
continued to the next regular meeting in order to allow the
applicant time to resubmit an amended set of contract conditions.
87-4
(AMENDED)
-,• CITY OF BANGOR
(TITLEJ IlffiTbIItanrp,t.. Amending Saning...9.rdinance
38 Alden Street
Be it ordained by the City Council of the Me of Bangor, as follows:
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 amendedas follows:
By changing a parcel of land located at 38 Alden Street from
Residential 1 Zone to Commercial 2 Zone. Said parcel containing
approximately 8,200 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 VIII, Article 21, Section 11.3, Ordinances of the City of
Bangor, said change of zone is granted subject to the following con-
ditions:.
1. The use and/or operation of the subject premises shall be
subject to the following limitations and/orrestrictions.
a. Applicants will not conduct any business on the parcel
between -9p.m. and 7.a . on any day of the week.
Applicants will also not conduct any business for more
than twelve (12) hours a day (Monday through Saturday)
and holidays on which is legal to conduct business.
b. Applicants will not exhibit any products or advertise-
ments in the windows of the existing structure or
demonstrate or exhibit products outside the existing
structure:
c. Applicants will limit the use of the existing parcel to
the operation of a demonstration site and sale office
for home and office environmental products and services
which are used for the maintenance of indoor air and
water quality as well as personal health. Office will
be limited to management of sales and product information
and consulting services for remodeling or construction
projects for customers.
d. Applicants will maintain parking accommodations in an
abutting parcel which is located is aC-2 Zone for a
maxim= of nine (9) vehicles. Applicant will not pro-
vide any parking for customers, employees or delivery
vehicles on the parcel within the R-1 Zone except for.
one (1) parking space which shall be reserved for
handicapped access.
e. Applicants will limit access to the existing structure
for customers, employees and deliveries from North
French Street other than to provide a ramp and doorway
which shall be limited to use by handicapped persons.
Said handicapped point of access shall be properly
marked. Regular customer, employee and delivery access
will be limited at all times toa doorway located on
the side of the existing structure facing and parallel
to Broadway which is out of the view of residents on
North French Street
f. Applicants will limit the development of the existing
structure and parcel to modifications as set forth in
a
plan to be submitted to the City of Bangor. The plan
will provide modifications to the existing structure
which will have the effect of making the structure
compatible with existing residential architectural forms
as they now exist on North French Street. The desired
effect shall be to produce a structure which remains
in appearance as a residence.
g. Applicants will not increase the square footage of the
structure beyond what now exists on the parcel,
h. Applicants will increase the side yard set back of the
existing structure by removing a screened -in porch located
on the North French Street side of the building and there-
by increase visibility for vehicles approaching the corner
of North French Street and Alden Street.
i. Applicants will provide landscaping improvements as
established in a plan to be submitted to the City of
Bangor which will screen the view of the parking area
for the parcel from residences located on North French
Street.
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 owners, a copy of said agreement being on file in the
Office of the City Clerk and incorporated herein by reference. In the
ant that said agreement is not so executed and recorded within sixty
(60) days from the date of passage hereof, this Ordinance shall become
null and void.
Ragw, Mmue - Neu Ev#wd croum COPi
5
MIAMI WANOW1, MAINE QMQ1
JOHN A NE.�wo, w, Cav of Panaur, A14a¢ae RD ....,o„a.,a..:
DATE:
December 2, 1986
T0:
The Honorable City Council
FROM:
The Planning Board
SUBJECT:
Amending Zoning Ordinance
Contract Zone Change
38 Alden Street
Council Ordinance 87-4
Please be advised that the Planning Board held a public hearing
on the above contract zone change request at its meeting on November
17, 1986.and continued the public hearing to its meeting on December
1, 1986. After considerable .discussion concerning the hazardous
conditions At the Alden Street and .North French Street corner a
well as the problem at the junction of Alden Street and Broadway,
and after hearing extensivea porting testimony from residential
property owners n North French Street and noting that the lot
in question is, proposed for low-density residential use on the
City's Land Use Plan the Boardvoted four in favor and one opposed
to recommend denial of the request for a zone change from Residential
1 to Commercial 2.
o n M. Lora
Planning Officer
NOTE: Attached is Council Ordinance 87-4(Amended) which reflects
the applicants amended contract zone change conditions.
M IINATION Yon Laxr Na mrmanox AND ME AMENINLNr
0: THE CITY COUNCIL AND
THE PLANNING BOARD OF RANCOR, MAINE:
INTERSTATE REAL ESTATE
r7 -
(WE) (Christopher k Emily Wetherell
of 26 B hStreet Drpm Nape -.866-5552!
Ad Fess ty or pet office a ephgne'
hereby petition to emend the zoning ordinance of the City of Bangor, Heine by
reclassifying fmm R rna to the C 2 a the
Property outlined n rel d peattached ere o, wM�c ere part of this
application, and described as follows:
ADDRESS OF PROPERTY (if any) Belden Street
Total Area (acres or square et; 200 se. feet
PROPERTY LOCATION (General Description): Example - South aide of State Street
400 yds. East of Pine Street Southerly BS ft. along Alden Street parallels
to 195, 100 £t. easterly line frog corner Aiden Stree�
along North French Street.
LEGAL DESCRIPTION OF PROPERTY Assessors Map No.37�Parcel 'Ica/
MSTFS AM BOUNCE - (Attach a separate sheet) S
r:XISTING USE; Duelling
1
PROPOSED VSE: See attached sheet.
:1@AE AND ADDRESS OF OWNER OF RECORD: Name ---------- ..__, ..___.. ..
NAME AND ADDRESS OF CONTRACT O"M (if
REAL ESTATE
.SIGNATURE OF OWNER OR CONTRACT OWNER: Ey'
Action for a zoning Change will be initiated with the Bangor City Covopll and f
'erred to the Bangor Planning Board. Statutes require a Public Hearing LetOne the
'Lanning Beard, after a public advertising (at least 10 days Polar to Nags'. public h
aaring), for all changes to the zoning ordinance of the city or Bangos'1 ,SThe r
endation of the o%W161
Planning Board Is then returned to the Bangor City for 4'
:final action. ,
.cation Fee: Processing, Advertieiha - Total �!
'ha^ $ 40.00 $130.
act Zone Change $ 90.00 200.00 * $290, F
Two Ada Required
10
PROPOSED LIMITATIONS AND CONDITIONS BY APPLICANT
FOR CONTRACT ZONE CHANGE
1. Applicant will keep the parcel consistent with the
Comprehensive Plan of the City of Bangor, as amended, by main-
taining d residential structure on the parcel;
2. Applicant will keep the parcel consistent with the
existing and permitted use
within the original zone by operating
a limited retail business and maintaining office space within a
residential structure on the premises;
3. Applicant will restrict development of the parcel so
that no additional structures will be erected other than the pla-
cement of emergency exits and an access ramp for handicapped Per-
sons on the existing residential structure;
4. Applicant will limit access to the property by elimi-
nating an existing point of ingress -egress located on North French
Street and relocate entry to the parcel on Alden Street away from
and out of view of residences on North FrenchStreetp
5. Applicant will limit access to the parcel by maintaining
a parking area out of the view of the residences on Noah French
Street. Said parking lot will accommodate a limited number of
vehicles;
6. Applicant will provide for automatic reversion to R-1
classification in the event Applicant, its successors or assigns,
ceases to operate the proposed use of the parcel;
7. Applicant will increase set back on sideyard located on
North French Street by removing an existing screened -in porch;
S. Applicant will limit the use of parcel to the operation
of a demonstration site and sales office for home enviromental
products which are used for the maintainance of indoor air and
water quality as well as personal health;
9. Applicant will provide appropriate landscaping Ishrubs,
trees, and flowers) to enhance the appearance of the parcel and
screen view of residential structure and parking lot; and,
10. Applicant will completely restore the existing residen-
tial structure so as to enhance property value and create a more
aesthetic effect in the neighborhood.
Banger, the neater of Mains. -the Gateway to Maine's Narth Woo& and Searbare Rrtarn
l6itg of Paagul, �Raim
Dec. 13, 1986
M ME MEMB RS OF THE CITY COUNCIL:
Notice is hereby, given that a special meeting o£ the C1 ty Cnuncil will be held in
the COotcil Roam,
City Hall, Bangor," Mcenhy, December 15 1986
at 7:00 o'clock Bear: P.M.
m. Reconsider Item 87-4 ORDINANCE— Amending Zoning Ordinance 38 Alden Street
Memo: Several people have asked that this item be r onsidered so tbay
nay have a chance to speak an this subject. They dad ewt t ey
had proper opportunities to speak on tbis item at the meeting held
On December 8th.
oM ' �A e� LnabbPjn or Ma City Council
a.4..va"�, fita.�w%
Y
�q.ae - 1
S ?TO Y
October 17, 1977
Mr. Norman Bramamn
Braveman Tire Coppery
M Alden Street
Bangor, Maine 04401
Dear Sirr
This letter is to Confirm out conmmatlon of Friday, October lt„ 1977,
regarding the parking of the oil trailers on your property t M Alden Street.
Ne had discussed this some time before and you were told t that tin
that you mould not be allowed to park these trailere in that sone, yet you
Went ahead and did it. T eo wry upset With your eoopor tion with the City,
and I ms -expecting tbose trailers to be out of there as of today, N ay,
October 17, 1977, as you agreed. Also, I wart you to save all cam that
ars, owned by you M feet back ham the right -of -Way a North French Street
for that area is a Residence 1 Zone and a parking lot is not a permitted
use.
Very truly yours,
Basil D. Eaton
Zoning and Code Enforcement
Adelaiotration Officer
BDErFC .
17
I bereby certify that I made remiss of the foregoing on /049/7 7
by givlrg .7%atmn�.�r�iapwa»aot is haM the orlginel oT which the Attic is a
true copy.
ems' 0.
comtebie
M
NG CODE ENF. RECORD
N ONSTRCCTION CO
ON Sf
D MA
F;R:
RTH FR1'LNCH 3F MAf)/[01
4401:'x.
R/F
ACCT
1$059
II AUY!i A Y ERNE5T Jf
NTERE'S1' IN LAND)RTH
FRENCH ST
ME 04401
PRO:
P
-0'579
(471)NORTH FRENCH ST MAP/LOT
44011
R/F.
ACCT
48646
_
OWNER:
NICHOL.S IRVIN N
ADD:
- 679 NORTH FRENCH ST
-
-_-- --
_---
BANGOR ME
0688
(471)NORTH FRENCH ST MAPILOT
44055
R/E
ACCT
06454-
OWNER:
PETEK4ON H MARILN BRADLEY
ADD:
- 688 NORTH FRENCH Sr
--
BANGOR ME
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e. Applicant will limit access to the parcel by maintaining
a parking area out of the view of the residences on North
French Street. Said parking lot will accommodate a
limited number of vehicles;
f. Applicant will provide for automatic reversion to R-1
classification in the event Applicant, its successors
or assigns, ceases to operate the proposed use of the
parcel;
g. Applicant will increase set back on sideyard located on
North French Street by removing an existing screened -in
porch.
h. Applicant will limit the use of parcel to the operation of
a demonstration site and sales office for home environmental
products which are used for the maintenance of indoor air
and water quality as well as personal health;
i. Applicant will provide appropriate landscaping (shrubs,
trees, and flowers) to enhance the appearance of the parcel
and screen view of residential structure and parking lot;
and,
J. Applicant will completely restore the existing residential
structure so as to enhance property value and create a more
aesthetic effect in the neighborhood.
2. Execution by those parties with an interest in the affected
property of an agreement providing fox 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 owners, 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 sixty
(60) days from the date of passage hereof, this Ordinance shall become
null and void.
I
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