10-28-2002 Council Minutes - Laserfiche WebLink

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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 28, 2002 7:00 o'clock p.m. -- 22. Resignation of Paul Weinberger from City Planner /Zoning Administrator- Positioir= Resolution The Mayor read and presented Weinberger with a framed resolution of appreciation, and thanked him for his years of outstanding service to Orono. ZONING ADMINISTRATOR'S REPORT 5. #02 -2831 HOPE CHEST FOR BREAST CANCER, 3850 SHORELINE DRIVE - FINDING OF SUBSTANTIALLY SIMILAR USE AND COMMERCIAL SITE PLAN REVIEW Weinberger explained that the applicant, Barbara Hensley, intends to purchase the property at 3850 Shoreline Drive, which is currently operated as "Bay Furniture ". The applicant intends to operate an upscale resale store called "Hope Chest for Breast Cancer ". The proposed business will continue to sell fuuniture, antiques, crystal/china, jewelry, and home accessories such as lamps, pictures, and rugs. There will be a limited amount of clothing and accessories. The application is two -fold: 1) Findings of Similar Use to allow the furniture store to operate as a permitted or conditional use. If the Planning Commission and City Council deem the proposed use to be substantially similar to other uses in a specific zoning district, they can allow it. 2) The • second part of the application is the commercial site plan review. The property is zoned B -5, Limited Neighborhood Business District. Weinberger reported that the Planning Commission recommended approval by a vote of 7 to 0 to permit use of the building as a resale retail business similar to the existing furniture store, and approved a commercial site plan for alterations to the parking lot subject to 9 conditions identified in the staff report. While he had no problem with the proposed use, White stated that he had two concerns, first why the antique shop was not an approved use originally, and second, he questioned what the City would do if the other end of the spectrum applied for a permitted use. He wondered how the City could designate what they do and don't want operating in this area. Although not all similar uses might be desirable businesses, Weinberger noted that this was unique in that it was not a drop off center and the owners indicated they expect at least 90% of the merchandise would be delivered by truck, not a customer drop off point. . . In order to avoid being labeled as capricious judges, White wished the City could provide him with a recommendation that distinguished this proposal from other future similar uses. White moved, Nygard seconded, to approve use of the property for a resale retail operation for "Hope Chest for Breast Cancer" finding the use is substantially similar to uses • permitted in the district and to approve the commercial site plan for changes to the existing parking lot. VOTE: Ayes 5, Nays 0. PAGE 4 of 20