08-23-2004 Council Packet - Laserfiche WebLink

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MINUTES OF THE ORONO PLANNING COMMISSION MEETING MONDAY, JULY 19,2004 6:00 o’clock p.m. (6. #04-3029 MICHAEL KEAVENY, 3423/3425 SHORELINE DRIVE, COMMERCIAL SITE PLAN REVIEW, PUBLIC HEARING- Continued) use within the B-1 zoning district or in any other zoning district throughout the City. Mr. Evans summarized that the games use should not be in a D-1 District and if allowed by Ordinance, it should be in a separate district. Mr. Evans referred to Issue #3, asking if the games room use is one deemed similar to the permitted uses in a B-1 retail sales business district. He quoted from Section 78-643 of the Zoning Ordinance for use permitted, such as neighborhood retail sales and commodities, neighborhood service business. He stated that a games room does not come within the existing Ordinance definitions. It is entertainment different enough to require its own criteria. Mr. Evans pointed out the subject property is as close to the residential neighborhood as the distance between a pitcher’s mound and home plate. Referring to Issue #1, Mr. Evans asked how the bowling alley could still be a non-conforming use since it had been closed for over one year. He suggested that there an effort is underway with the City Council to find a non-conforming use that would be feasible on the site, noting the staffs statement about the applicant working with the City to develop a plan for the use of the property and based on his attendance at city meetings. Citing from paragraph 1, on page 3, under Issue #1, Mr. Evans asked what is ‘strict enforcement of this section’ (of City Code), indicating he believed a use either is or is not a legal non-conforming use. He concluded that the bowling alley is no longer a permitted, legal non-conforming use as it has been closed for over one year and the Code does not allow for exceptions. Mr. Evans read into the record from Section 78-71 of Orono’s Zoning Code, Item #8, emphasizing language regarding allowing no expansion or intensification of a non-conforming use. Mr. Evans observed that the notice posted by the City regarding the planning application is not visible to the public road but to read it one must go over private property to see it. He asked the City and its staff to review the matter of assuring the posted notices arc \ isiblc to the public. Finally, on behalf of Neighbors for a Better Navarre. Mr. Evans requested the Zoning Ordinance be enforced. He advised their organization feels strongly that the City should develop a short-tenn and a long-term plan for Navarre, and during the plan preparation, a moratorium should be placed on all planning applications. Councilmember Sansevere responded to Mr. Evans reference regarding Mr. Keaveny working with the City Council, and as a member of the City Council, Sansevere stated he had no knowledge of the City Council working with Mr. Keaveny. Mr. Evans apologized and clarified that he meant to refer to the City, not specifically to the City Council. Mr. Keaveny explained he would be increasing green spaces and was trying to improve the building appearance and to make the building more user friendly to the bowlers. His plans are only to improve the entry, stairs, repair crumbling walls and a retaining wall, all to make the building a nicer, neater place. Mr. Keaveny commented he may need other things along with the bowling and pinball machines. Page 6 of 13