03/21/2005 Planning Commission Minutes

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MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,March 21,2005 6:00 o'clock p.m. 5. #05-3085 JULIE KRESLINS ON BEHALF OF JUL ANN HAIR FASHIONS AND BUILDING OWNER ALECK G. OVERSON,3455 SHORELINE DRIVE, COMMERCIAL SITE PLAN REVIEW,6:38 P.M.—7:03 P.M. Julie and Harry Kreslins,Applicants, and Paul Overson were present. Gundlach stated this application for commercial site approval did appear before the Planning Commission at their February meeting,with the matter being tabled to allow the applicants to work on a more acceptable parking arrangement that would not require variances and to confirm whether legal access exists to the rear of the building. The applicants have submitted a shared parking agreement with Mr. Keaveny, the adjoining property owner to the east, as well as confirmation that ingress and egress easements exist. Gundlach stated the formal easement for the ingress and egress pertains to the apartment tenants and not the business invitees. Gundlach noted prior to the meeting a fax was distributed to the Planning Commissioners from Mr.Keaveny that states if needed he will incorporate ingress and egress for Jul Ann Hair Fashions and the customers into the parking space license agreement. Staff's major concern with the proposed shared driveway and access agreement is that the parking agreement may be terminated under five different circumstances; and should the agreement be terminated,the City would have a difficult time evicting Jul Ann's. Gundlach noted the City Attorney concurs with Staff's thinking and that the City would be required to file suit against Jul Ann's for not meeting the requirements of her occupancy permit should she not voluntarily vacate the premises. Staff recommends that the Planning Commission discuss the ingress and egress agreement and the shared parking agreement submitted by the applicants in making a recommendation to the City Council. Harry Kreslins commented no lease is forever and that they have been forced to relocate because they have lost their previous lease. Kreslins stated if that happens at this location,they would be forced to move. Bremer noted the difference here is that this is not a lease on the building space being occupied but rather on the parking spaces located at the adjoining lot. Harry Kreslins stated they could stipulate to the City that they would relocate to another location if they lose their parking. Bremer stated in her view that would be an important stipulation to include in the agreement. Bremer stated the first paragraph of the parking agreement should provide the exact number of parking stalls being provided for this tenant. Bremer inquired how many parking spaces Keaveny would be providing. Overson stated Mr.Keaveny has agreed to lease them however many spaces are necessary to meet the requirement of the City. PAGE 6