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! <br />EXHIBIT D <br />MINUTES OF THE <br />ORONO PLANNING COMMISSION MEETING <br />Tuesday, January 20, 2004 <br />6:00 o’clock p.m. <br />(#04-2976 JAMES AND JUDITH PIERPONT, 1801 WEST FARM ROAD, <br />CONDITIONAL USE PERMIT - Continued) <br />Commission has the ability to exercise some judgment here, in addition, to satisfying the <br />code without setting a precedent. <br />While Acting Chair Mabusth stated that the City Council will be giver, the opportunity to <br />hear the applicant’s rationale, she believed the Commission would be retniss in approving <br />the application. <br />Rahn moved, Acting Chair Mabusth seconded, to recommend approval of <br />Application #04-2976, James and Judith Pierpont, 1801 West Farm Road, approving <br />the lot line rearrangement, subject to staffs recommendation that the applicant <br />execute the standard ‘use limitation’ covenants, and the conversion from a ‘guest <br />house’ to ‘accessory building with plumbing’ status requires the removal of kitchen <br />facilities including the sink and cooktop, and associated plumbing. VOTE: Ayes 4, <br />Nays 1, Hannaford dissenting. <br />Hannaford deferred to his earlier comments. <br />(#16) #04-2977 MIKE KEAVENY ON BEHALF OF RICHARD M. KE AVENY <br />REV. TRUST, 3425 SHORELINE DRIVE, CONDITIONAL USE PERMIT AND <br />COMMERCIAL SITE PLAN REVIEW (10:53 P.M.-12;20 A.M.) <br />Mike Keaveny, the Applicant, and Paul Ode, the potential restaurant lessee, were present. <br />Gundlach explained that the applicant has submitted an application for a conditional use <br />permit in order to operate a restaurant and an associated commercial site plan review in <br />order to conduct improvements in conjunction with the restaurant use. As per City Code <br />Section 78-642 any application for a commercial building permit prompts a site review by <br />the Planning Commission and City Council. The applicant has requested the following; <br />1 ) Commercial site plan review in order to obtain a building permit to construct new <br />entrances at the rear of the building and to convert an existing garage area into a <br />restaurant. <br />2) Conditional use permit in order to operate a restaurant. <br />3) Hardcover variance to allow 90% hardcover on the site. The improvements <br />associated with this application will not increase the hardcover above what is currently <br />existing.* <br />4) Structural coverage variance to allow 16% structural coverage when 15% is <br />allowed and 15% currently exists. It is not unusual for commercial properties to <br />need a variance to this requirement, and variances have been approved for <br />structural coverage at 20% or 30% in the past.* <br />*Each of these items will be reviewed in part with the overall commercial site review <br />PAGE 40 of 53 <br />I