08-16-2004 Planning 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. «f#4-M29 MICHAEL KEAVENY* 3423/3425 SHORELINE DRIVE. COMMERCIAL SITE PLAN REVIEW. PUBLIC HEARING- Coaiinucd) Kempf asked Mr. Keaveny specifically whal is a game room. Mr. Keaveny responded that the game room could have video games, ekctronic games or a pool table. Gundlach referred to the legal issue of trying to close a non-confonning use, and that the City was unable to legally close a non-conforming use in the past due to an applicants efTorts of working with the City to get a particular application approved. Gundlach indicate 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 observ ed 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 Rahn concluded that any expansion of a non-conforming use is against the Zoning Code. Bremer remaiked that she appreciated Mr. Keaveny*s efforts to improve the building :^)pearances. 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 reiieralcd the position of Neighbors for a Bener Navarre that the bowling alley is no longer a non-conforming use as it has been closed for om one y-ear. He advised their group will consult with their attorney for possible future action. Leslie moved. Frililer seconded, lo recommend denial of AppUcalion #t4-3029. Michael Keaveny. 3423/3425 Shoreline Drive, for a commercial site plan rev lew with variances in order lo condnet improvements to Che existing building. VOTE: Ayes 7. Nays f. 7. «04-3f34 MARTHA A.L. SPENCER. 1N5 WILLOW DRIVE SOUTH, VARIANCE. PUBLIC HEARING (6:45-4:5« p.m.) Craig Lagorio, JLM Design/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 w ithin 150* of dte OHWL on French Lake, a natural environment lake, and a hardcover variance within 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 w ithin the required 150’ lake setback and half is located within 75 ’ of the OHWL, with the stipulation that the applicant itmove all fabric and plastic liners on the property. Mil Page7ofl3