06/16/2014 Planning Commission Minutes

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MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,June 16,2014 6:30 o'clock p.m. out of conformity with their parking. Gaffron noted the marina operates for 12 weeks out of a 52-week year and that there needs to be a balance between the expectations of the neighbors and the marina. Schoenzeit asked if the use of the property has ebbed and flowed over the years or whether it has regularly increased. Gaffron stated there have been a number of owners over the years, and that when Jim Rivers owned the property, Staff encountered some problems, butthat for the most part the marina has not been an issue. At one point Jim Rivers had a neighbor who was aware of what was there and the City did not receive complaints. Gaffron indicated at times through the years it has been an issue but that until the last year or two, the City has not experienced a large number of complaints. Gaffron stated the marina now has a residential owner who has an expectation that the City will be enforcing the conditional use permit on a daily basis, which is not something that Staff can do. Gaffron stated Staff is attempting to accomplish a happy medium for the residential owners by cleaning up the two residential properties and improving the parking situation. Lemke indicated he visited the site yesterday and that the commercial use is pretty intense. Lemke stated the layout of the site does not work and that it needs organization and access control. In terms of the benefit of the City, it would make sense to make that area a parking lot but that he is not certain of the number of parking spaces. Lemke indicated he also does not like the amount of hardcover next to the lake but that the current situation is not working out due to a number of factors. Leskinen stated she is in agreement that the site does not work and that there have been a number of drivers on this particular issue over the past few months. The Planning Commission has heard a litany of complaints about the residential building on the property that is unoccupied and that clearly having a dilapidated building or unusable building on the property will only intensify the blight. Leskinen stated increasing the parking and fixing the intensity of the property would be the way to go but that she does not agree with a straight rezoning to B-2. Leskinen stated if the City were to go in the direction of a rezoning, she would be more in favor of a subdistrict where the City would have stronger controls and that there should not be an intensification of the use of the property. Landgraver stated he does agree that the use of the property needs to be looked at now that all of the properties are under common ownership. Landgraver stated the greatest leverage the City would gain is a subdivision that articulates the fact that this is a commercial piece of property abutting a residential piece of property and that there needs to be extraordinary limitations on use and requirements to create a buffer of noise and light and other irritants. Landgraver indicated he is inclined to continue to recommend to the City Council the creation of a subdistrict with limitations on uses and requirements for screening. Thiesse stated he also is in agreement with what has already been said but that in his view the docks should not drive zoning. Thiesse stated organization of the area and access to the area is poor and should be improved upon but that he has not heard anything tonight that has not been raised earlier. Thiesse stated in his view it is not in the City's best interests to rezone the property until there is a specific plan presented. Thiesse stated if the applicant wants to put parking on the residential properties,that would be fine as long as the parking plan presented works, but that the City should not allow anything else on the residential properties. Page 8 of 18