03/15/2004 Planning Commission Minutes

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MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, March 15, 2004 6:00 o'clock p.m. (#10. #04-2993 CHRIS VALERIUS, 2377 SHADYWOOD ROAD, VARIANCES FOR A COFFEE SHOP—Continued) Gundlach stated the applicant is proposing a coffee shop with a bakery and restaurant. This is classified as a Class I restaurant under the B — 1 conditional use section of the Zoning Ordinance. The Class I distinction doesn't specifically address additional requirements but the proposed use must comply with the general conditional use permit standards dealing with the health, safety and general welfare of the community or neighborhood. It is staff's opinion that creating a drive-through on this property poses significant safety issues for drivers using the City owned parking lot. The Planning Commission should discuss if additional conditions should be required in conjunction with the restaurant use. The applicant has preliminarily indicated to staff that it will be a deli style food service. Gundlach explained that few hardships exist to warrant approval of the requested building and parking setback variances when in conjunction with a drive through. Gundlach continued that a drive-through is not an automatic allowed use, but rather a use that is allowed should the site be large enough and configured such that a drive-through could be accommodated under the official controls of the Zoning Ordinance (i.e. within setbacks). Therefore, staff would not recommend approval of variances merely to accommodate a drive-through facility. Gundlach stated that staff also finds that a variance should not be granted to allow parking stalls to be located up to the property line in the rear yard when 30' setback should be required. The location of these stalls forces customers to either cross traffic entering the stalls or backing into traffic leaving the stalls. This is due to a drive aisle serving the City owned parking lot located behind the applicant's property. The City Engineer has reviewed the plan and his comments are attached as Exhibit K. He concludes that the site "does not lend itself to a drive through operation". Gundlach concluded that staff does find that some hardships may exist due to the restrictive building setbacks and that part of the applicant's property was taken to improve the City owned parking lot,which lessens the amount of buildable area on the lot. However, a building addition of the same size proposed by the applicant could be constructed within setbacks, but there may not be enough room to accommodate parking. Staff would recommend that the applicant explore a site plan that doesn't include a drive-through and variance requests could be entertained at that point. Gundlach stated that an alternative plan is included in the report regarding a drive-through coming off of Lyric Avenue and exiting at the rear of the lot onto the drive isle of the City owned parking lot. Staff feels that the same issues exist as far as conflicts, safety and setbacks are concerned as the proposed plan. Gundlach continued that staff originally encouraged the applicant that if a drive-through is a must, to keep it off of the Lyric Avenue side of the lot in an effort to eliminate intersection safety issues at Lyric Avenue and Shadywood Road. Page 24 of 48