04-26-2004 Council Packet - Laserfiche WebLink

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MINUTES OF THE ORONO PLANNING COMMISSION MEETING MONDAY, APRIL 19, 2004 6:00 o’clock p.rn. Mr. Thomas H. Goodman, with the firm of Segal, Brough, Bruckner, Duffy and Foster, representing Charles Nadler, Austin Evans and a number of neighbors, some who were in attendance. He stated he reviewed the application, spoke briefly with staff and the city attorney and looked at Orono’s Zoning Code. In addition to the issues presented by City staff, Mr. Goodman stated that he had other issues to for consideration. Mr. Goodman proceeded to outline his points, beginning with the point that the application assumes a liquor license that has been denied by the City Council. He commented that the application should be denied because, as applied for, it can not be granted. Secondly, Mr. Goodman pointed out the bowling alley is a non-conforming use and is not permitted in the B-1 District. According to the January 20,2004 Planning Commission meeting minutes, he reviewed a statement by Mr. Ode representing the operation to have a common entrance and to have the restaurant function with the bowling alley. Mr. Goodman expressed that this situation is the opposite of what the City intends with its Zoning Code, meaning that the City has legislated against more bowling alleys. To enable the bowling alley to be more viable or more profitable is not wha the intent of conditional uses and, Mr. Goodman continued, this is the opposite of what should be done with conditional uses. Further, he stated that conditional uses should actually ‘die ’ so that a conforming use will replace it. He emphasized his belief that bowling alleys are illegal in the context of the Orono Zoning Code. Thirdly, Mr. Goodman explained the proposal for an integrated use with a common entrance, as a modernization of the bowling alley is illegal as it is an expansion of a non-conforming use, which is Page S of 11