HomeMy WebLinkAbout1987-02-23 87-87 ORDINANCE87-87
Introduced by councilor Frankel, February 23, 1987
CITY OF BANGOR
(TITLE) MrbrinakaCe Amending Zoning Ordinance
1147
Be& ardwimd by tko My Csa of Ma City ofBamor. as fallome:
THAT the zoning boundary Sines as established by the Zoning Map
-ef the City of Bangor dated September 23, 1974, as amended be
hereby further amended as follows:
By changing part of a Parcel of Sand located at 1147 Broadway
(Tax Map No. R-40. Part of Parcel No. 6-A) from Residential 4 Zane
to Commercial 2 Zone. Said partcof a parcel containing approximately
52,500 sq. £t. 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 tothefollowing limitations and/or restriction.
a. Building set back requirements:
Front set back 50 feet
Side yard 20 feet
Rear Yard 40 feet
b. Rear yard screening will be a minimum of 20 feet deep
and of an evergreen nature and beat least 5 feet in
height at time, af planting so as to provide a dense
visual barrier at all times of year.
C. Screening on the North-West sideline of the property
from 160' deep to a depth of 290' will be a minimum
of 20' wide and of an evergreen nature and
be at least 5 feet in height at time of planting so as
to provide a dense visual barrier at all times of
year.
d. The hours of operation will be limited so as to exclude
opening to the public from. 1:00 a.m. to 6:00 a.m.
e. The following characteristics of a drive -in -business
will be excluded from use.
1) Service directly to the customer in a motor vehicle
via a service window which eliminates the need
for a customer to exit the motor vehicle.
2) Service directly to a motor. vehicle either by the
customer or by an attendant with one or more
of the following: fuel, air, washing, cleaning.
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
event that said agreement is no so executed and recorded within ninety
(90) days from the date of passage hereof, this Ordinance shall become
null and void.
_ 8"(-87
-In City Council Febmavy 2911987 s OPDINANCE
lePered to plarning boani consider
next meeting
( TITLE,) AS nIiag Zoning Continence 1147 Broadway
C err
Inw nm rum cv
n� R Pv Y7
CoWACI�mLlo
In City Council march 9,1987"
Passed by vote 8 yea 1 Absent
voting yes Brown,Co:,Fxankel,
Lebwit:,Snubert,sulliven,
Tilley,Willey
Ab�seeJnnt Sawyer
0 f l _
i�AI916 jY1,'
b0 pap\39
Zd
603A G&
BangaT, Mane — AM Espana G"W& Cmfn
DATE:
March 3,_1987
T0:
The Honorable City Council'
FROM:
The Planning Board
SUBJECT:
Amending Zoning Ordinance
Contract Zone Change
1147 Broadway
-Council
Ordinance No. 87-87
ROONEYG.WKAY
CITY HALL
DHMW�
BANGOR. MAINE 04401
JOHN LORD
T61- 207 i..,ox.�
MM.� a,a..
lag
of Penson � ut"
DATE:
March 3,_1987
T0:
The Honorable City Council'
FROM:
The Planning Board
SUBJECT:
Amending Zoning Ordinance
Contract Zone Change
1147 Broadway
-Council
Ordinance No. 87-87
Please be advised that the Planning Boardat its regularly
scheduled meeting on March 2, 1987, held a public hearing on the
above request.
After careful consideration ofthe nature of the area, and
its proposed use in the Comprehensive Plan,. the Boardvoted three
in favor and two opposed to recommend approval of the above
contract zone change request.
87-07 _ j
APPLICATION FOR ZONING ORDINANCE AND MAP AMENDMENT
TO: THE CITY COUNCIL AND DATE
THE PLANNING BOARD OF BANGOR, MAINE: NO.
1. I(WE)
Processing
2. of �k
474-9891Str"t
Adgresshmwav City or Post Office
Telephone
hereby petition to amend the zoning ordinance of
the City of
Bangor, Maine by reclassifying from a-4n
a to
the r -z zone the property outlined in
red on the maps
attached hereto, which are part of this application,
and
described as follows: 1751 on Broadway, 300' deep and
175' on the rear
property line.
3. ADDRESS OF PROPERTY (if any)
Total Area (acres or square feet)n�
.e.
4. PROPERTY LOCATION (General Description): Example
South side Of
State Street 400 yds. East of Pine Street
Northeast side of Broadway, adjacent to the Nite Owl.
5. LEGAL DESCRIPTION OF PROPERTY-AssesSors Map No.
Rco Parcel 6_A
6. EXISTING USE: v..a...
7. PROPOSED USE: ce.....: +.L,. 1......_
8. NAME AND ADDRESS OF OWNER OF RECORD: Name
AddressBangor,ME
9. NAME ANDADDRESSOF CONTRACT OWNER (if such): Giffor ' m
Randall E. Gifford, Jre
10. SIGNATURE OF OWNER OR CONTRACT OWNER: P ovrp
11. REPRESENTATIVE OF APPLICANT: Name loan u
(if applicable)
Address RIED.#j. Skowhegan. ME 04976
12. ATTACH ANY CONDITIONS PROPOSED FOR A CONTRACT ZONE REQUEST.
RETURN FORM b DUPLICATE TO PLANNING DIVISION. CITY HALL, BANGOR ME.
Application Fee:
Processing
Advertising
Total
Zone Change
$90.00
$ 40.00
$130.00
Contract Zone Change
90.00
200.00*
_ $290.00
*Two Ads Required
PLEASE READ PROCESSING PROCEDURE ON REVERSE SIDE
87-87
The following a the proposed conditions for the contract z change
request submitted by Randall Hca Gifford, Jr., D.B.A. Gifford's FamousleeCream on
lot #R40. Parcel 6-A at 1147 Broadway, Bangor, WN:
1. building set back requirements:
Front 50 feet in lieu of 40 feet
Side 20 feet in lieu of 12 feet
Rear 40 feet in lieu of 24 feet
2. Rear yard s ening will beminimum of 20 feet deep and of a evergreen
nature and be at least 5 feet in height at time of planting so as to provide
a dense visual barrier at all times of year.
3. Screening on the North-West sideline of the property from 160' deep to a
depth of 290' will be a minimum of 20' wide and of an
evergreen a
a and
t
be at least 5 feet in height a time of planting s sto provideaudense
visual barrier at all times of year. The intent is to provide additional
screening along the apartment building which fronts on Burleigh Road.
4. Me hours of operation will be limited so as to exclude opening to the
public from 1:00 a.m. to 6:00 a.m.
5. The following characteristics of a drive -in -business will be excluded from
1. Service directly to the customer in amotor
vehicle via a
service window which eliminates the need for a customer to
exit the motor vehicle.
2. Serve directly to a motor vehicle either by the customer
r by a attendant with one or more of the following: fuel,
air, Washing, cleaning.