HomeMy WebLinkAbout1965-10-11 197-S ORDINANCEu, .._,n _
pCITY OF BANGOR
TITLE) MrbinURCB,. �enaing- Zoning _ Dxiina,u.a-frrom Residence ^a" to -
Be it ordained by the City Council of the City of Bangor, as foUstm: THAT the zone boundary lines
as established by the Zoning Ordinance of the City of Bangor on January 2, 1950. as
amended, be hereby further amended as follows
Change from Residence "Aa to Cenral Business Zane a portion of land
off Sunset Avene being more particularly described as follows,
Beginning at an Iron bolt on the southeasterly sideline of Sunset Avenue and
666 feat, m r less free a monument at the intersection of union and Sunset Avenue
monument locales on the southeasterly sideline of Union Street;
Thence southwesterly along the northwesterly sideline of Interstate 95 for a
distance of 628.3 feet, more or leas, to a monument:
Thence continuing southwesterly along the Interstate line a distance of 598.5
feat, more or lees, to an iron bolt;
Thence northwesterly an inside aegis of 920301 foo a distance of 434.2 feet,
more or lees, to a concrete monument at the southeast line of Dow Air force Base;
Thence in anortheast direction along said Dow Air farce Base southeast line
far a distance of1,260.5 feet, more or lase, to a canerete monument marking the
southeast turner of land occupied by Dow Air force Base;
Thence in a southeast direction for a distance of 161.2 feet, more or less, t0
an iron bolt;
Thence in the s aoproximete direction of southeast for 264 feet, more or less,
to another iron bolts
Thence running approximately southeast again for a distance of 121.4 feet, more
or lase, t0 the iron bolt at the point of beginning.
197-
ORDINANCE
B. L.;::E:IVED
1965 H? 28 AN 8: 43 (Un ,) Rea. A to General Business zona: _
CITY CLERK'S OFFICE sunset Avenue
-v ..r :qn9 vA-NE
IN CITY 96IMCILOct. �n
Inde ini 1965 V \ aLeed mtl jtied b,/
Indefinitely postponed, t1
O ct(man
C Crsar
This a+iirerse (s ca'rectip engrcb'£ed.
w tttee cm
Be4nsxK ptltrerc'@s.
Bangor, the center of Maine ---the Gateway b Maine's North Woods and Senshne Ream
October ]. 1965
30: The Honorable City Council
FECMI The Planning Board
W RE: Change from Residence "A" Zone to General Business gone
a Portion of land off Sesser Avenue and between the
Interstate Highway and Dow Field
Please be advised that the Planning Board held a public hearing on
the above request on October 4s 1965.
The proposed change Involved approtelmttely 15 acres of land off the
and of Sunset Avenue. This area is about 650 feet from Union Streets beware
the Interstate Highway end Dov Field.
The Ptennin& Board carefully considered the proposal presented,
as well as the opposition of a number of residents near the area.
It was the feeling of the Planning Board thatt
(1) This Rezoning would be defeating the purpose of
plman ing and zoning.
(2) This is a residential area - this proposed ohenge Is
net sufficl mit reason to make It General Business.
(3) Putting a General Business area beck away from Bnbn
Street - it would be better for service to be out to
Union Street where access was available.
(4) The Comeereial traffic generated on the residential
streets would affect the potential development and
could stimulate more requests - piecemeal change of
the Retire area.
(5) The deed reference to use
of a strip of land that Is
proposed a street fore residential plat for which
a preliminary has been submitted, weld cloud its
acceptance as a final plat for residential use.
Makin Avenue")
-2-
(6) The University of Maine is considering the area of
Dow adjacent to this retuning, and at this time we
do not know the extent of their activities or bun
It would be affected by such a rezoning.
(7) This change is act essential to the neighborhood
r the community's welfare. The 1701" plan should
evolve a sounder plan than piecemeal as would
probably be the end product here.
(8) Would require extensive visual advertising on the
Interstate Highway as the only means of display.
(9) While acknowledging the desirability of retaining
the tenants in imager, as well as the advantages
of such a grouping into on Auto Park. it 1s felt
there 1a other land useable for such a purpose.
After careful consideration of the request and its relation to
and effect an the general plan, the Planning Beard voted to disapprove the
request.
CAiedt
enc.
Respectfully submitted.
//G
CaarrfJ.
RoaobPlanningin
Planning Director
e nFAL'IVP9 IIOIIMNCE " TIMaER1AN� " MOaT uus
59.61 STATE STREET a BANGOR, MAINE
TEL. 941-5543 -. 5544 -- 5545, AREA 309 ,
September 7, 1965
Mr. Carl Emsobud
Planning Director
city Mall
Bangor, Maine
Dear Carl:
I am writing on behalf of, and as agent for, Mr. Samuel
Poorvu, of Boston, Massachusetts.
(2V Mr. Poorvu requests whatever zone change is necessary to
' � V permit the construction and use of business type buildings
ithereon.
The property is generally known as a part of the former Rankin
Grant development as shown on the enclosed sketch.
Please note that this property is bounded by the new interstate
highway #95; by Dow Air Force Base, and by a dense hedge
of trees which prevents any sight, sound, or objectionable
odor from this area to the rear of houses on Onion St.,---
(approx. 660' ft. distant). There is only one house on Sunset
Ave. which sits down on a depressed lot, out of sight from the
proposed area.
It is proposed, that this property be used for an automotive
park. Namely for FORD,---DODGE,---end possibly another large
automobile company, for sales and service. This project
will represent over $500,000-- in new taxable property.
It is hoped that foundations may be in the ground before ,
cold weather over -takes and prevents the development of this
project, ---until next year.
Obviously, we will appreciate your cooperation, and anythi
you can do to facilitate matters.
Sincerely,
• "Rasulta count P'
RALPH DYER
MgT Avant fo Samuel POOTVn
I, Petition by Ralph Dyer to allow a variance in tract of
land now zoned "Residential A", to allow the operation of
general business.
II, The following data is presented in support of this petition,
(A) The proposed use is the operation of two or more
automobile franchises. The local Dodge and Ford dealers
have expressed considerable interest, if a zoning variance
can be obtained.
(B) The land in question is a vacant 15 acre tract of
land located between Dow Air Force Base and Interstate
Route 95, at the southerly end of Sunset Drive, in the
City of Bangor, Maine. The plot plan is attached as Exhibit 1,
(C) There are three reasons why a variance should be
allowed: namely ---
(1). The land is not able to be
can no itslonhighest
er eturn
and beat use; therefore,
a reasonable yield to a landowner.
The location between an airfield and a major
highway ---has inherent dangers and noise that
preclude profitable residential development.
The owner is forced to find occupants who can use the
advantageous location, yet not
ohi sirestricts d the rse and
pro fit -
traffic to be a detriment.
Profit-
able use to operation of either retail, commercial,
or industrial business.
(2). The general welfare of the community is not being
served. Both proposed users must change their
present location because of the
shortage
aof space
en
at their present locations, y,
automobile franchise needs a location which (a)
is conveniently available to car buyers, (b)has
good advertising exposure to the motoring pub
lic
(c) has large lots to properly and attractively
store inventory,and (d) is at a low cost per square
foot. No other available tract can compete with
neighboring towns in the satisfaction of these
criteria. The inability to find suitable land
would be a great detriment to the city. There
would be a direct loss of property taxes of about
the same amount. Moreover, some ofthecompanies'
employees would find it convenient to move
town where their place of work would be; this lowers
both the volume of local business and the city tax
revenue.
&a
(3), A second aspect of the city's general welfare
is progress toward building Bangor into major
commercial and manufacturing center.
Me tw
prime attractions are the new Interstate Highway
andthe proposed re -use of Dow Air Force Base.
Therefore, the proximity of this tract to these
attractions makes it one of the most desirable
in the ity. it realizes the imaged of s progress e which would ion to
not much dnbe
created by having new.odern buildings
dmajor in prominent
nt tractions
view from the highway. w Location,
for companies considering Bangor as a e
is the appearance that other companies have already
achieved profitable operation. The general welfare
of land
its
will be served by Routen128 around Boston is
highest and bees usese..
a prime example.
(D) Me opponents to the variance can argue three issues;
namely ---
(1). The variance will be of such size as to make a
substantial change in the zoning plan as to require
action by the City Council. This is not true.
The tract is bounded on its westerly side by Dow Air
Force Base. The administrative buildings, clubs,
etc are visible from the highway. One has to admit
that these are general business uses and will
probably continue as such after the military leaves.
It seems very natural that a businessTuse should tical -
be permitted in an adjoining tract. pa
arly evident when one notes the location of the
Interstate Highway. It is a natural and reasonable
expectation that the expansion of business afore,
will
require the utilization of the tract6
one must realize that in this particular area,
change to business use is not asubstantial, od
unusual, or unexpected change. Me neighborh
land use patterns will remain the same.
3-
(2). The neighborhood. landowners will complain that
their property will diminish in value. This
is unlikely. Not only is the beginning of the
tract well over 650 feet from Union Street, but
also the tract is bordered by a row of trees.
Moreover, the users will build and maintain
attractive buildings in order to establish a
good public image. Therefore, one must conclude
that there will be no loss of property value,
because if the tract can be seen, it will not be,
unattractive.
Me percentage increase in traffic on Union Street
will. not be significant. This is already a major
thoroughfare.
Conclude, no loss in neighborhood property values.
(3). There is one dwelling on Sunset Drive, the
occupant will complain of particular damage
due to elimination of view, noise, and traffic.
By the weight of authority, no one has a vested
interest in a zoning classification. However,
great weight is given to the amount of damage
suffered by one who has made an investment in his
property, when a variance is being considered.
The easiest way to assess damages is to hypothesize
what would happen if the tract were developed for
residential housing. A 15 acre lot would
support 60 houses, which would probably have 1§
cars per house. This would result in the passage
down Sunset Drive of at least 180 cars, plus
utility vehicles each day. The noise of children
and the noise of vehicles on the Interstate
Highway would also be obvious. The comparison
between the proposed use and a residential use
becomes a "toss-up". However, the whole argument
becomes moot because the construction of
residential housing between a major highway
and a general business area, such as Dow, is very
unlikely. it is also unreasonable for any property
owner to assume that because one use is impractical,
the tract shall remain forever vacant and valueless.
_ ,. 4 t
I -I I. The Zoning variance should be granted. The general
welfare of our community will be greatly advanced by
the proper and consistent utilization pf the tract.
The voices of complainants do have merit on the surface,
but once the facts are examined,they lose their validity.
Me neighborhood's patterns of use will not be changed,
nor will there be any unique damage caused to the
property owners in the vicinity.
i
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