Agenda - Planning Commission - 12/03/2009

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September 10, 2009\ Volume 31 No. 17 Zoning Bulletin future purchasers would have no notice of the representations and (): use restrictions on the property. Case Note: The. court also noted several ways that the city "could have properly imposed a sailboat-only restriction on [the Club's] use of the marina." First, the city's planning commission could have amended its current zoning ordinances to provide that marina use in the city was limited to sailboats only. (Restrictions on the author- ity to invalidate a CUP are not intended to prevent zoning changes that may affect the CUP's status.) Second, if the city had been able to show that the Club violated the terms of an existing CUP condi- tion it could have taken remedial action. (A CUP remains in effect as long as the conditions agreed upon are observed.) Third, the city could. have sought a compromise with the Club and amended the CUP with the Club's consent. MAINE (07/28/09)-Developer Bruce Poliquin owned six rental cot- tages on a beach in the town. In 2006, Poliquin applied to the town's Planning Board (the "Board") for a new business permit. Poliquin's ap- plication proposed development of a private beach dub, which would . offer up to 1,50 members beach access and a place to socialize. As part of the proposed development, Poliquin sought to replace two existing cot- tages and a shed with a beach dub and storage building. Eventually, the Board approved Poliquin's request for a new busi- ness permit, subject to various conditions. One of those conditions re- quired Poliquin to "secure a Lesser Buffer permit from the [Board] to allow the Club building a 65' setback from the [adjacent] [residential] property" owned by Terry Wyman. Section 1.6 of the city's land use ordinance (the "Ordinance"), entitled "Buffer Zones," required com- mercial buildings to have "a minimum side and rear yard .distance of at least 100 feet from residential lot lines." Section 1.7 of the Ordi- l) nance, entitled "Lesser Buffer Zones," authorized the Board to ap- prove "lesser buffer zones ... when the topography of the land, the 4 @ 2009 Thomson Reuters 62