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—Continued) Mr. Fisk illustrated how the Narrows parking patrons back into their property already. Berg thought this fact creates even a bigger parking problem and expects the apron to not be a solution because cars will not use it. Rahn interjected that it may become another parking space instead. Berg suggested the apron be eliminated. Ms. Valerius stated they would create more greenspace if the apron was eliminated and the drive- through granted. Berg expressed her concerns for approving the site but believed the business may need the drive- through to be successful and does not know if the business fits there. She acknowledged she liked what the applicants were attempting to do with site and it looks like the applicants have spent time on the concept, the building itself looks good,but still has reservations about approving the plan. Leslie commented that the only reason the Planning Commission is discussing a drive-through is for the economic viability of the business, with or without a drive-through. He pointed out that economics are not a reason for hardship, which may mean that this site should not be a coffee shop with a drive-through. Leslie indicated that the viability of the coffee shop should not be taken into account in evaluating a drive-through at this location. Ms. Valerius responded that neighboring businesses have drive-throughs and may even have less greenspace than proposed on their lot, referring to #8 in the Hardship Documentation. Mr. Fisk stated they clearly have not tried to use economic reasons. He stated their business is going to be a coffee house with or without a drive-through, but that a drive-through is a convenience to their customers. He expressed that the key thing needed is to receive a hardcover variance and that is why they are pointing out other adjacent sites that exceed hardcover standards. Mr. Fisk emphasized they never claimed an economic hardship. Leslie expressed his interest in the business being successful but from his perspective he did not see any justification for a drive-through other than economic, which is not a basis for granting a variance. Chair Mabusth commented the Lake Country Coffee business was successful in Long Lake and it did not have a drive-through. Ms. Valerius agreed and added their business in Mound is successful with a drive-through. She stressed they had never brought up economic hardship through the entire process. Leslie moved, Chair Mabusth seconded, to recommend denial of Application #04-2993, Christine Valerius and Phil Fisk, 2377 Shadywood Road, Commercial Site Plan Review, Parking, Hardcover and Building Setback Variances, Conditional Use Permit to convert the Page 29 of 49