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. � <br /> � PC Exhibit J ' <br /> � ; <br /> MINUTES OF THE <br /> � ORONO CITY COUNCIL MEETING <br /> Monday,December 14,2009 <br /> 6:30 o'clock p.m. <br /> 5. #09-3418 DENNIS BATTY ON BEHALF OF IRFAN HABIB,3421-3425 SHORELINE <br /> DRIVE—COMMERCIAL SITE PLAN • <br /> Dennis Batty,Applicant,was present. , <br /> Curtis noted the applicant appeared at the August 1�`E'meeting,at which time he was requesting approval <br /> to construct two additions to the existing building. The Council at that time felt that the proposal . <br /> exaggerated the existing non-conformities of the site. <br /> Following the meeting, Staff inet with the applicant on two occasions. The applicant is now proposing <br /> two options for Council comment and direction. Both options/schemes include construction of a separate <br /> building on the easterly vacant portion of the site to accommodate the owner's space needs. <br /> Scheme 8 proposes a new two-story building with a 2,450 square foot footprint(4,900 total square feet) <br /> separated from the existing building by a 4-foot wide sidewalk. The new building would require 25 <br /> additional parking spaces for a total of 114 required spaces. Scheme 8 offers 107 total parking spaces. <br /> Scheme 9 also proposes a new two-story building with a 2,750 square foot footprint(5,500 total square <br /> feet) and separated from the existing building by 34 feet. Within the 34 feet separation there will be a <br /> new trash enclosure and sidewalks. This new building would require 28 additional parking spaces. <br /> Scheme 9 offers a total of 98 parking spaces where 117 spaces would be required. <br /> Both schemes propose stand-alone two-story buildings which allow delivery access to the liquor store; <br /> utilization of the gap between buildings as an outdoor gathering space,with benches or other amenities; <br /> reduction of proposed hardcover and proposed structural coverage;and a shallow storm water retention <br /> pond on the east end of the site along Kelly Avenue. Building setback and parking setback variances <br /> from Kelly Avenue have also been eliminated. <br /> City Code prohibits more than one principal structure on a lot. The only way to allow a second principal <br /> use building on a property is to amend the zoning code. A variance cannot be used because state statutes <br /> do not permit variances to allow a use on the property that is not allowed by the zoning code. The B-1 <br /> District could be amended to allow multiple buildings on one property. Amending the zoning code would <br /> require creating building to building setbacks in one or each of the commercial zoning districts and <br /> possibly other changes. The simplest process would be similaz to that which made bowling alleys <br /> conditional uses in the B-1 district; a more comprehensive process might result in development of a <br /> commercial PUD option for the Navarre area. <br /> Mayor White stated he does not have a problem with subdividing the site. <br /> McMillan asked why the applicant elected to go this direction. <br /> Curtis stated the applicant did meet with Staff two times and indicated they require approximately 5,000 <br /> additional square feet in order to make the project economically feasible. Initially the applicant and <br /> neighbors were not in favor of constructing a two-story building but that that feeling changed over time <br /> after the neighbors decided they would prefer a taller building rather than a building that covered the <br /> majority of the lot. <br /> McMillan asked if there are any issues with fire code regarding the 4-foot separation. <br /> Page 4 of 17 <br />