04/19/2004 Planning Commission Minutes

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MINUTES OF THE ORONO PLANNING COMMISSION MEETING MONDAY, APRIL 19, 2004 6:00 o'clock p.m. (#3. 04-2977 MICHAEL KEAVENY ON BEHALF OF RICHARD M. KEAVENY REV. TRUST, 3423/3425 SHORELINE DRIVE, CONDITIONAL USE PERMIT AND COMMERCIAL SITE PLAN REVIEW- Continued) restaurant on the site may not be able to handle the additional levels of noise, traffic and activity that accompany a liquor establishment. However, she stated it was vitally important to discuss what uses will be appropriate for this site taking into consideration the exiting lay-out and adjacent residential neighborhood. Several variance approvals are inevitable because of the existing non-conforming conditions. She referred to the B-1, Retail Sales Business District standards attached to the staff report that will aid in the discussion. Gundlach noted the existing townhouse development to the south was an allowed use due to the location and its proximity to the business district. In conclusion, Gundlach recommended the Planning Commission discuss the items highlighted on the staff report as well as the Issues for Consideration section. Also, she notes the neighborhood comments received by the City were in the Planning Commission agenda packet and represented in the March 22, 2004 City Council meeting minutes. She suggested Planning Commission comments pertain to the use of the property. The Chair asked if Mr. Keaveny wished to add any comments for the record. Mr. Keaveny stated that Gundlach had been very helpful in getting through all the various aspects of the application. His one remaining major question related to what can be allowed as a use for the building, noting that his lower level renter has been vacant since June 2003 representing a large lack of income for their family. Keaveny explained he did not have a desire to have alcohol on the site but a restaurant tenant chose to request it. He repeated his interest in finding out what he can actually put in the building to make it a viable business. Chair Mabusth clarified that Mr. Keaveny was interested in knowing if a Class II restaurant can be added to the existing bowling alley use. She asked the applicant to describe what type of license is held by the bowling alley currently. Mr. Keaveny responded the license held for over 55 years by the bowling alley is for 3.2 beer and set- ups. He explained the prospective tenant, Mr. Ode, wanted a full liquor license in order to control the amount of alcohol consumed there. Mr. Keaveny added that Mr. Ode might still be interested in a beer/wine license. He repeated his question of whether or not a restaurant is a viable thing to put with the bowling alley. Chair Mabusth asked for comments from the public on the Keaveny application. Mr. Thomas H. Goodman, with the firm of Segal, Brough, Bruckner, Duffy and Foster, was representing Charles Nadler, Austin Evans and a number of neighbors, some who were in attendance. He stated he reviewed the application, spoke briefly with staff and the city attorney and looked at Orono's Zoning Code. In addition to the issues presented by City staff, Mr. Goodman stated that he had other issues for the commission to consider. Page 14 of 49