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MINUTES OF THE <br /> ORONO PLANNING COMMISSION MEETING <br /> MONDAY, JULY 19, 2004 <br /> 6:00 o'clock p.m. <br /> (6. #04-3029 MICHAEL KEAVENY,3423/3425 SHORELINE DRIVE, COMMERCIAL <br /> SITE PLAN REVIEW, PUBLIC HEARING- Continued) <br /> use within the B-1 zoning district or in any other zoning district throughout the City. Mr. Evans <br /> summarized that the games use should not be in a B-1 District and if allowed by Ordinance, it should <br /> be in a separate district. <br /> Mr. Evans referred to Issue#3, asking if the games room use is one deemed similar to the permitted <br /> uses in a B-1 retail sales business district. He quoted from Section 78-643 of the Zoning Ordinance <br /> for use permitted, such as neighborhood retail sales and commodities, neighborhood service business. <br /> He stated that a games room does not come within the existing Ordinance definitions. It is <br /> entertainment different enough to require its own criteria. Mr. Evans pointed out the subject property <br /> is as close to the residential neighborhood as the distance between a pitcher's mound and home plate. <br /> Referring to Issue #1, Mr. Evans asked how the bowling alley could still be a non-conforming use <br /> since it had been closed for over one year. He suggested that there an effort is underway with the <br /> City Council to find a non-conforming use that would be feasible on the site, noting the staffs <br /> statement about the applicant working with the City to develop a plan for the use of the property and <br /> based on his attendance at city meetings. <br /> Citing from paragraph 1, on page 3, under Issue#1, Mr. Evans asked what is `strict enforcement of <br /> this section' (of City Code), indicating he believed a use either is or is not a legal non-conforming <br /> use. He concluded that the bowling alley is no longer a permitted, legal non-conforming use as it has <br /> been closed for over one year and the Code does not allow for exceptions. <br /> Mr. Evans read into the record from Section 78-71 of Orono's Zoning Code, Item#8, emphasizing <br /> language regarding allowing no expansion or intensification of a non-conforming use. <br /> Mr. Evans observed that the notice posted by the City regarding the planning application is not <br /> visible to the public road but to read it one must go over private property to see it. He asked the City <br /> and its staff to review the matter of assuring the posted notices are visible to the public. <br /> Finally, on behalf of Neighbors for a Better Navarre, Mr. Evans requested the Zoning Ordinance be <br /> enforced. He advised their organization feels strongly that the City should develop a short-term and a <br /> long-term plan for Navarre, and during the plan preparation, a moratorium should be placed on all <br /> planning applications. <br /> Councilmember Sansevere responded to Mr. Evans reference regarding Mr. Keaveny working with <br /> the City Council, and as a member of the City Council, Sansevere stated he had no knowledge of the <br /> City Council working with Mr. Keaveny. Mr. Evans apologized and clarified that he meant to refer <br /> to the City,not specifically to the City Council. <br /> Mr. Keaveny explained he would be increasing green spaces and was trying to improve the building <br /> appearance and to make the building more user friendly to the bowlers. His plans are only to <br /> improve the entry, stairs, repair crumbling walls and a retaining wall, all to make the building a nicer, <br /> neater place. Mr. Keaveny commented he may need other things along with the bowling and pinball <br /> machines. <br /> Page 6 of 13 <br />