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. #5. 04-2993 CHRIS VALERIUS, 2377 SHADYWOOD ROAD,VARIANCE, CONDITIONAL USE PERMIT, CONTINUATION OF PUBLIC HEARING (8:30-9:20 p.m.) Christine Valerius and Phil Fisk, the applicants, were present. Gundlach explained the applicants' request for a conditional use permit to operate a coffee shop/bakery/restaurant at 2377 Shadywood Road. In conjunction with the conditional use permit a commercial site plan review is required. The application was originally heard at the March 15, 2004 Planning Commission meeting where it was tabled so that the numerous drive-through plans could be reviewed by the City Engineer and so the architecture of the proposed addition could be further refined. The applicant submitted two plans, one with a drive-through that has been reviewed by the City Engineer, and one without a drive-through lane feature. She advised that variances are inevitable due to the site's existing building and the orientation on the lot to the City-owned parking lot. Gundlach summarized that at the Planning Commission's March 15, 2004 meeting support was indicated for the building setback variance so the applicant can construct an addition. However, the extent of the requested variances depends on the incorporation of a drive-through on the site. With the drive-through plan, an additional front-yard parking setback variance and a hardcover variance are required. Without a drive-through feature, these variances could be avoided. Gundlach advised the Planning Commission to discuss the two plans, what approvals are necessary for each and determine what plan to approve or not to approve. Gundlach reported that the applicant was required to submit more detailed plans of the proposed exterior finish and was encouraged to incorporate a pitched-roof element to the proposed addition. The submitted color renderings were displayed for Planning Commission review and comment. Gundlach advised that the applicant is proposing to keep the brick on the entire front of the façade and extend the stone along the bottom of the two sides and rear. Two different patterns of hardy board plank siding are proposed for the rest of the façade finish in a tanish-brown color to complement the white stone. She advised that a pitched-roof now has been incorporated. Gundlach recommended the Planning Commission discuss these elevations, the materials and color scheme to determine if they are appropriate for approval. Gundlach recommended denial of the plan incorporating the drive-through due to the unnecessary variances required to achieve it. Staff maintains that a drive-through should be allowed only if the site could support it. She advised staff would support the plan without the drive-through; however, the screened porch should be removed in an effort to decrease non-conformities. With the drive-through plan, Gundlach noted the applicant is prepared to tear down the three-season porch to facilitate the drive aisle around the building, but wants to keep the porch if the drive-through feature is not permitted. Gundlach explained her basis for recommending removal of the screened porch is that the building will be extended to a non-conforming setback to the property line. In allowing the building extension, staff believes it is an appropriate trade to remove the screened porch because it adds to the excessive non-conformity of the side street building setback. Page 23 of 49