HomeMy WebLinkAbout2024.01.24 BOA Minutes Bangor Self Storage - 1286 Union Street - HearingBoard of Appeals
Minutes
For Meeting Held on January24, 2024 at 5:15 p.m.
Members Present:Jordan LaBouff, Edward Gould (Chair), Robin Perkins, Rachel Thompson, Robert Ballingall,and Donald McCann (Associate Member).
Staff Present:David Szewczyk, City Solicitor and Grace Innis, Assistant City Solicitor
Introductions:
Chair Gould opened the hearing and introduced members.
Chair Gould advised Associate Member McCann that he doesn’t vote, but he can participate as an Associate Member.
Chair Gould requested nominations to elect the Chair for the Board.
Member LaBouff made a motion to elect Member Gould as the Chair.
Member Perkins seconded the motion.
Motion passed unanimously (5-0).
Approval of Minutes:
December 5, 2023:
Member Ballingallmade a motion to correct a typographical error andstrike the
“ed” from the word “remained” in paragraph B.1. and approve the meeting
Minutes as amended.
Member Thompson seconded the motion.
Motion passedunanimously (5-0).
Public Hearing -Consideration of an appeal requesting a variance with respect to replacement of a legally existing, non-conforming sign – Bangor Self Storage LLC (1286 Union Street).
Tristan Thomas spoke as the applicant and owner of Bangor Self Storage LLC and presented his request for variance.
Board of Appeals Members asked questions.
There was no public comment in support of or in opposition to the Application.
City of Bangor Code Enforcement Officer Jeff Wallace presented the City of Bangor’s position. He confirmed the existing sign is dilapidated, old, and in need of repair; the existing
sign is legally non-conforming; the location is zoned as GC&S General Commercial & Service district, and all other requirements would have been met to install a new sign except for the
20-foot setback requirement. He offered an alternative location in the green space area.
Wallace stated that if theBoard does find that the Applicant meets the four standards required, the City requests the Board include the following conditions:
Sign be constructed entirely on the property of 1286 Union Street.
Applicant would need to obtain a sign permit.
Public Hearing was Closed.
Board of Appeals deliberated on the matter and explored other possible areas for the sign to be placed.
Board of Appeals voted on the matter.
Member Ballinger made a motion that the applicant met the requirement that the plight of the applicant is due to unique circumstances arising out of conditions peculiar to the property
in question and not due to general conditions in the neighborhood.
Member Thompson seconded the motion.
Motion passed unanimously (5-0).
Member LaBouff made a motion that the applicant met the requirement that the alleged hardship includes substantially more than mere inconvenience or inability to attain a higher financial
return, or both.Member Perkins seconded the motion.Motion passed unanimously (5-0).
Member Perkins made a motion thatthe applicant met the requirement that the sign to be authorized by the variance will not alter the essential character of the neighborhood.Member Thompson
seconded the motion.Motion passed unanimously (5-0).
Member LaBouff made a motion that the applicant met the requirement that the alleged hardship is not the result of action taken by the applicant or a prior owner of the property.Member
Ballinger seconded the motion.Motion passed unanimously (5-0).
Member Thompson made a motion that the Board find that the relaxation of the term of this chapter would not substantially depart from the intent and purposes of this chapter and that
literal enforcement of this chapter would result in undue hardship. Member LaBouff seconded the motion.Motion passed unanimously (5-0).
The Application for variance from the 20-foot setback requirement of§ 260-7(H)(2)(c)(1) of the Code of Ordinances was approved.
Other business:
None.
Meeting adjourned.
Member Ballinger made a motion to Adjourn.
Member Perkins seconded the motion.
Motion passed unanimously (5-0) to adjourn.