04-26-2004 Council Minutes - Laserfiche WebLink

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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 26, 2004 7:00 o'clock p.m. 7. #04 -2993 CHRIS VALERIUS AND PHIL FISK, 2377 SHADYWOOD ROAD — Continued • Mayor Peterson confirmed among the Council that request 3, the north side setback request was not a problem. She continued, acknowledging that item 4, the hardcover request, would be unnecessary since the drive - through was moot. Finally, item 5, although some of the Council members questioned the City's responsibility to other businesses versus free enterprise, seemed acceptable. Cox agreed that everyone deserves a chance to have a business; however, objected to granting the potential business owners variances to do so. Based on 19 years experience in the business, Fisk stated that they were well aware of what it takes to succeed and were not concerned about the level of risk or the economy. McMillan reiterated her concern about adequate parking. Fisk suggested signage be incorporated at a later date which encourages the park and ride users to park along the back row. Mayor Peterson moved, Sansevere seconded, to adopt Resolution No. 5160 approving the Commercial Site Plan Review in order to obtain a building permit to construct an addition to the existing building and to convert it from residential use to commercial use; to approve the CUP to operate a coffee shop /bakery /restaurant; to deny the hardcover variance for 56% hardcover; to approve the building setback variance of 24'; and to deny the parking setback variance to allow the drive - through lane and parking spaces to be located within the required 30' rear yard and within the required 20' front yard for the property at 2377 Shadywood • Road. VOTE: Ayes 3, Nays 2. 8. #04 -2977 MIKE KEAVENY ON BEHALF OF RICHARD M. KEAVENY REV. TRUST, 3425 SHORELINE DRIVE — CONDITIONAL USE PERMIT, COMMERCIAL SITE PLAN REVIEW, VARIANCES — RESOLUTION NO. 5161 Although the applicant could not be present, Moorse relayed his wish for action on the item. White moved, Sansevere seconded, to adopt RESOLUTION NO. 5161, a Resolution denying the request for a CUP approval for a Class 11 restaurant, commercial site plan review, and associated variances. VOTE: Ayes 5, Nays 0. Murphy stated that Mr. Keaveny had asked the Planning Commission to provide him with a list of businesses he could put in his building, which the Planning Commission supplied him with based on zoning code. *9. #04 -2999 GEORGE AND MARILY MILEUSNIC, 3243 CASCO CIRCLE — VARIANCES — RESOLUTION NO. 5162 Murphy moved, White seconded, to adopt RESOLUTION NO. 5162, a Resolution granting a hardcover variance in order to rebuild their 483 s.f. deck which is rotted and to add a screened porch beneath the new deck at 3243 Casco Circle. VOTE: Ayes 5, Nays 0. • PAGE 8 of 12