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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 /> Kempf asked Mr. Keaveny specifically what is a game room. Mr. Keaveny responded that the game <br /> room could have video games, electronic games or a pool table. <br /> Gundlach referred to the legal issue of trying to close a non-conforming use, and that the City was <br /> unable to legally close a non-conforming use in the past due to an applicants efforts of working with <br /> the City to get a particular application approved. Gundlach indicated the City had been to court on a <br /> similar situation and lost. She indicated staff was advised that since Mr. Keaveny had been working <br /> with staff, i.e. the City, no efforts should be taken at this time to close the non-conforming use. <br /> Chair Rahn recommended concentrating on the issue of the non-conforming use. He observed that <br /> the application is showing an additional 2000 s.f. which is an expansion of use, and he was not in <br /> favor on supporting an expansion nor supporting a Zoning Code change for permitting a game room <br /> in the B-1 zoning district. Chair Rahn concluded that any expansion of a non-conforming use is <br /> against the Zoning Code. <br /> Bremer remarked that she appreciated Mr. Keaveny's efforts to improve the building appearances. <br /> Leslie observed that the fundamental issue is how to make the bowling alley a feasible business at its <br /> current location, and that it may not be feasible there any longer. <br /> Berg indicated she did not support any effort to rezone the location to allow the game room use. <br /> Mr. Evans reiterated the position of Neighbors for a Better Navarre that the bowling alley is no <br /> longer a non-conforming use as it has been closed for over one year. He advised their group will <br /> consult with their attorney for possible future action. <br /> Leslie moved, Fritzler seconded,to recommend denial of Application #04-3029, Michael <br /> Keaveny,3423/3425 Shoreline Drive, for a commercial site plan review with variances in order <br /> to conduct improvements to the existing building. <br /> VOTE: Ayes 7,Nays 0. <br /> 7. #04-3030 MARTHA A.L. SPENCER, 1005 WILLOW DRIVE SOUTH,VARIANCE, <br /> PUBLIC HEARING(6:45-6:50 p.m.) <br /> Craig Lagorio, JLM Design/Build, 7155 Cahill Road, Edina, representing the applicant, was present. <br /> Curtis introduced the applicant's request for a lake setback variance to allow grade level decks within <br /> 150' of the OHWL on French Lake, a natural environment lake, and a hardcover variance within the <br /> 0-75' setback zone in order to construct lakeside decks over existing patios. She recommended <br /> approval of the variances as requested as the existing home is located entirely within the required <br /> 150' lake setback and half is located within 75' of the OHWL, with the stipulation that the applicant <br /> remove all fabric and plastic liners on the property. <br /> Page 7 of 13 <br />