03-28-2005 Council Packet - Laserfiche WebLink

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. vV*" \> MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, March 21,2005 6:00 o'clock |>.m. 5. H05-3085 JULIE KRESLINS ON REHALF OF JUL ANN HAIR FASHIONS AND nUILDING OWNER ALECK G. OVERSON, 3455 SHORELINE DRIVE, COMMERCIAL SITE PLAN REVIEW, 6:38 P.M. - 7:03 P.M. Julie and Ilariy Krcslins, Applicants, and Paul Overson were present. Gundlach staled this uppliculion for cuinincrcial site approval did appear before the Planning Commission at their February meeting, with the matter being tabled to allow the applicants to work on a more acceptable parking atrangement that would not require variances and to confirm whether legal access exists to the rear of the building. The applicants have submitted a sinned p rking agreement with Mr. Keaveny, the adjoining property owner to the east, as well as eonfirmalion that ingress and egress easements exist. Gundlach stated the formal easement for the ingre.ss and egress pertains to the apartment tenants and not the business invitees. Gundlach noted prior to the meeting a fax was distributed to the Planning Commissioners from Mr. Keaveny that slates if needed he will incorporate mgress and egiess for Jul Ann’s and her customers into the parking space licen.se agreement. .Slafl'’s major coneem with the proposed shared driveway and access agreement is tliat the parking agreement may be terminated under five different circumstances, and should the agreement be tcrminati d, the City would have a dilTieult time evicting Jul Ann’s Cnindlach noted the City Atlomcy concurs with Stafl's thinking and that the City would be required to file suit against Jul Ann’s for not meeting the requiiemeiils of hei occupancy permit should she not vohmiarily vacate the premises. Stall recommends that the Planning Commi.ssion discu.ss the ingress and egress agreement and the shaied parking iigieenient submitted by the applicants m making a recommendation to the City Council Harry Krcslins commented no lease is forever and that they have been forcerl to rckreate beeau.se they have lost their previous lca.se. Kreslins stated if that happens at this location, they would be forced to naive. PAGE I J