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MINUTES OF THE <br />ORONO CITY COUNCIL MEETING <br />Monday, December 14, 2009 <br />6:30 o’clock p.m. <br />_____________________________________________________________________________________ <br /> Page 4 of 17 <br /> <br />5. #09-3418 DENNIS BATTY ON BEHALF OF IRFAN HABIB, 3421-3425 SHORELINE <br />DRIVE – COMMERCIAL SITE PLAN <br /> <br />Dennis Batty, Applicant, was present. <br /> <br />Curtis noted the applicant appeared at the August 12th meeting, at which time he was requesting approval <br />to construct two additions to the existing building. The Council at that time felt that the proposal <br />exaggerated the existing non-conformities of the site. <br /> <br />Following the meeting, Staff met with the applicant on two occasions. The applicant is now proposing <br />two options for Council comment and direction. Both options/schemes include construction of a separate <br />building on the easterly vacant portion of the site to accommodate the owner’s space needs. <br /> <br />Scheme 8 proposes a new two-story building with a 2,450 square foot footprint (4,900 total square feet) <br />separated from the existing building by a 4-foot wide sidewalk. The new building would require 25 <br />additional parking spaces for a total of 114 required spaces. Scheme 8 offers 107 total parking spaces. <br /> <br />Scheme 9 also proposes a new two-story building with a 2,750 square foot footprint (5,500 total square <br />feet) and separated from the existing building by 34 feet. Within the 34 feet separation there will be a <br />new trash enclosure and sidewalks. This new building would require 28 additional parking spaces. <br />Scheme 9 offers a total of 98 parking spaces where 117 spaces would be required. <br /> <br />Both schemes propose stand-alone two-story buildings which allow delivery access to the liquor store; <br />utilization of the gap between buildings as an outdoor gathering space, with benches or other amenities; <br />reduction of proposed hardcover and proposed structural coverage; and a shallow storm water retention <br />pond on the east end of the site along Kelly Avenue. Building setback and parking setback variances <br />from Kelly Avenue have also been eliminated. <br /> <br />City Code prohibits more than one principal structure on a lot. The only way to allow a second principal <br />use building on a property is to amend the zoning code. A variance cannot be used because state statutes <br />do not permit variances to allow a use on the property that is not allowed by the zoning code. The B-1 <br />District could be amended to allow multiple buildings on one property. Amending the zoning code would <br />require creating building to building setbacks in one or each of the commercial zoning districts and <br />possibly other changes. The simplest process would be similar to that which made bowling alleys <br />conditional uses in the B-1 district; a more comprehensive process might result in development of a <br />commercial PUD option for the Navarre area. <br /> <br />Mayor White stated he does not have a problem with subdividing the site. <br /> <br />McMillan asked why the applicant elected to go this direction. <br /> <br />Curtis stated the applicant did meet with Staff two times and indicated they require approximately 5,000 <br />additional square feet in order to make the project economically feasible. Initially the applicant and <br />neighbors were not in favor of constructing a two-story building but that that feeling changed over time <br />after the neighbors decided they would prefer a taller building rather than a building that covered the <br />majority of the lot. <br /> <br />McMillan asked if there are any issues with fire code regarding the 4-foot separation. <br /> <br />Item #02 - CC Agenda - 01/11/2010 <br />Approval of Council Minutes 12/14/09 [Page 4 of 17]