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) Kempf asked Mr. Keaveny specifically what is a game room. Mr. Keaveny responded that the game room could have video games, electronic games or a pool table. Gundlach referred to the legal issue of trying to close a non-conforming use, and that the City was unable to legally close a non-conforming use in the past due to an applicants efforts of working with the City to get a particular application approved. Gundlach indicated the City had been to court on a similar situation and lost. She indicated staff was advised that since Mr. Keaveny had been working with staff, i.e. the City, no efforts should be taken at this time to close the non-conforming use. Chair Rahn recommended concentrating on the issue of the non-conforming use. He observed that the application is showing an additional 2000 s.f. which is an expansion of use, and he was not in favor on supporting an expansion nor supporting a Zoning Code change for permitting a game room in the B-1 zoning district. Chair Ralin concluded that any expansion of a non-conforming use is against the Zoning Code. nremer remarked that she appreciated Mr. Keaveny’s efforts to improve the building appearances. Leslie observed that the fundamental issue is how to make the bowling alley a feasible business at its current location, and that it may not be feasible there any longer. Berg indicated she did not support any effort to rezone the location to allow the game room use. Mr. Evans reiterated the position of Neighbors for a Better Navarre that the bowling alley is no longer a non-conforming use as it has been closed for over one year. He advised their group will consult with their attorney for possible future action. Le.slie moved, Fritzler seconded, to recommend denial of Application #04-3029, Michael Keaveny, 3423/3425 Shoreline Drive, for a commercial site plan review with variances in order to conduct improvements to the existing building. VOTE: Ayes 7, Nays 0. 7. #04-3030 MARTHA A.L. SPENCER, 1005 WILLOW DRTVT SOUTH, VARIANCE, PUBLIC HEARING (6:45-6:50 p.m.) Craig Lagorio. JLM Dcsign/Build, 7155 Cahill Road, Edina, representing the applicant, was present. Curtis introduced the applicant’s request for a lake setback variance to allow grade level decks within 150’ of the OHWL c.; French Lake, a natural environment lake, and a hardcover variance w ithin the 0-75’ setbacK zone in order to construct lakeside decks over existing patios. She recommended approval of the variances as requested as the existing home is located entirely within the required 150’ lake setback and half is located within 75* of the OHWL, with the stipulation that the applicant remove all fabric and plastic liners on the property.